Common use of CHARGING AND INVOICING Clause in Contracts

CHARGING AND INVOICING. 18.1 In consideration of the Supplier carrying out its obligations, including the provision of the Services under this Contract, the Customer shall pay the Charges to the Supplier in accordance with the payment profile and the invoicing procedure specified in schedule 7.1 (Charges and Invoicing). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier shall ensure that a term is included in any Sub-contract permitted under this Contract which requires the Supplier to pay any undisputed sums due to the relevant Sub-contractor within a specified period that does not exceed 30 days from the date the Supplier receives the Sub-contractor's invoice. 18.7 The Supplier shall not suspend the supply of the Services unless the Supplier is entitled to terminate this Contract under clause 59.6.1 for failure to pay undisputed Charges. Interest shall be payable on the late payment of any undisputed Charges properly invoiced in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then the party entitled to receive such sum shall be entitled to charge interest on that sum from the due date until payment is made both before and after any judgement at two and a half per cent (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998. 18.8 Except as otherwise provided, the Parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including for the avoidance of doubt clauses 4.2 (Testing), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, to the extent specified therein, clause 64 (Step-In Rights).

Appears in 1 contract

Sources: It Managed Services Contract

CHARGING AND INVOICING. 18.1 ‌ 23.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 23.2 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier Contractor shall ensure that a term is included in any each Key Sub-contract permitted under this Contract Agreement which requires the Supplier Contractor to pay any undisputed sums due to the relevant its Key Sub-contractor contractors within a specified period that does not exceed 30 thirty (30) days from the date on which the Supplier Contractor receives the relevant Key Sub-contractor's invoice. The Contractor shall ensure that all Key Sub-contractors are paid promptly and in accordance with each Key Sub- contract. 18.7 The Supplier shall not suspend the supply 23.3 If either party (acting in good faith) disputes all or any part of the Services unless Charges invoiced under this Agreement, or any other amount that the Supplier other party Claims is payable to it under this Agreement, then:‌ 23.3.1 the undisputed portion of the Charges or other amount shall be paid by the relevant party in accordance with this Agreement; 23.3.2 the relevant party shall be entitled to terminate retain the disputed portion of the Charges or other amount pending resolution of the Dispute in accordance with this Contract under clause 59.6.1 for failure Clause 23.3; 23.3.3 the Parties shall use all reasonable endeavours to pay undisputed Chargesresolve the Dispute within ten (10) days of the Dispute arising; and 23.3.4 if the Parties are unable to resolve the Dispute within such period, either party may refer the matter to the Fast Track Dispute Resolution Procedure. Interest Following resolution of the Dispute in accordance with this Clause 23.3, any amount agreed or determined to have been payable shall be payable paid by the relevant party within thirty (30) days, together with interest on the late such amount calculated in accordance with Clause 23.4. 23.4 Each Party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment of any undisputed Charges properly invoiced not made in accordance with the Late Payment terms of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then Agreement by the party entitled final date for payment calculated from day to receive such sum shall be entitled day at a rate per annum equal to charge interest on that sum the Default Interest Rate from the due day after the original final date until for payment is made both (as opposed to the date of judgment or resolution of a Dispute in accordance with Schedule 8.3 (Dispute Resolution Procedure)) up to and including the date of payment (whether before and or after any judgement at two and judgment or resolution of a half per cent Dispute in accordance with Schedule 8.3 (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998.Dispute Resolution Procedure)).‌ 18.8 23.5 Except as otherwise providedexpressly stated in this Agreement, the Parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including Agreement. 23.6 If the DCC is or at any time becomes a 'contractor' for the avoidance purposes of doubt clauses 4.2 the Construction Industry Scheme under the Finance ▇▇▇ ▇▇▇▇ (Testingthe "CIS"), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, its obligation to make any payment under this Agreement shall be subject to the extent specified therein, clause 64 (Step-In Rights)provisions of the CIS.

Appears in 1 contract

Sources: Agreement for the Provision of Services

CHARGING AND INVOICING. 18.1 28.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 28.2 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier Contractor shall ensure that a term is included in any each Key Sub-contract permitted under this Contract Agreement which requires the Supplier Contractor to pay any undisputed sums due to the relevant its Key Sub-contractor contractors within a specified period that does not exceed 30 thirty (30) days from the date on which the Supplier Contractor receives the relevant Key Sub-contractor's invoice. The Contractor shall ensure that all Key Sub-contractors are paid promptly and in accordance with each Key Sub-contract. 18.7 28.3 Except as specified in Clause Error! Reference source not found., if either party (acting in good faith) disputes all or any part of the Charges invoiced under this Agreement, or any other amount that the other party Claims is payable to it under this Agreement, then: 28.3.1 the undisputed portion of the Charges or other amount shall be paid by the relevant party in accordance with this Agreement; 28.3.2 the relevant party shall be entitled to retain the disputed portion of the Charges or other amount pending resolution of the Dispute in accordance with this Clause 28.3; 28.3.3 the parties shall use all reasonable endeavours to resolve the Dispute within ten (10) days of the Dispute arising; and 28.3.4 if the parties are unable to resolve the Dispute within such period, either party may refer the matter to the Fast Track Dispute Resolution Procedure. Following resolution of the Dispute in accordance with this Clause 28.3, any amount agreed or determined to have been payable shall be paid by the relevant party within thirty (30) days, together with interest on such amount calculated in accordance with Clause 28.5. 28.4 The Supplier Contractor shall not suspend the supply provision of any Services except to the Services unless extent the Supplier Contractor is entitled to terminate this Contract do so under clause 59.6.1 for failure to pay undisputed Charges. Interest Clause Error! Reference source not found.. 28.5 Each party shall be payable entitled, without prejudice to any other right or remedy, to receive interest on the late any payment of any undisputed Charges properly invoiced not made in accordance with the Late Payment terms of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then Agreement by the party entitled final date for payment calculated from day to receive such sum shall be entitled day at a rate per annum equal to charge interest on that sum the Default Interest Rate from the due day after the original final date until for payment is made both (as opposed to the date of judgment or resolution of a Dispute in accordance with Schedule 8.3 (Dispute Resolution Procedure) up to and including the date of payment (whether before and or after any judgement at two and judgment or resolution of a half per cent Dispute in accordance with Schedule 8.3 (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998Dispute Resolution Procedure)). 18.8 28.6 Except as otherwise providedexpressly stated in this Agreement, the Parties parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including Agreement. 28.7 If the DCC is or at any time becomes a 'contractor' for the avoidance purposes of doubt clauses 4.2 the Construction Industry Scheme under the Finance ▇▇▇ ▇▇▇▇ (Testingthe "CIS"), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, its obligation to make any payment under this Agreement shall be subject to the extent specified therein, clause 64 (Step-In Rights)provisions of the CIS.

Appears in 1 contract

Sources: Agreement for the Provision of Communications Services

CHARGING AND INVOICING. 18.1 7.1 In consideration of the Supplier carrying out its obligations, including the provision of the Services under this Contractby the Supplier, the Customer shall pay the Charges to the Supplier in accordance with the Payment Plan. 7.2 The Supplier shall invoice the Customer for payment profile and the invoicing procedure specified in schedule 7.1 (Charges and Invoicing). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out at the time the Charges are expressed to be payable in schedule 7.1 (Charges and Invoicing) represent accordance with the Payment Plan. All invoices shall be directed to the Customer's complete consideration for provision Representative. Any such invoices shall take into account any Service Credits which have been accrued in the previous period. 7.3 The Customer shall pay the Charges which have become payable in accordance with the Payment Plan within 30 days of receipt of an undisputed invoice from the Supplier (Due Date). 7.4 The Supplier may, however, increase the Operational Service Charges: (a) on an annual basis with effect from 1 January each year in line with: (i) the higher of the Services under percentage increase in the Retail Prices Index or the Average Earnings Index in the preceding 12-month period and the Supplier shall notify the Customer of all such increases (based on such index data available at the time of notification) by 31 December of the year prior to the increase taking effect. Promptly upon the Retail Prices Index and Average Earnings Index data being publicly available for each month of the proceeding 12-month period, the Supplier shall affirm or adjust in writing the price increase as previously notified and to the extent an adjustment is made this Contract and adjustment shall be inclusive of all costs, disbursements back-dated to apply from 1 January and expenses incurred any over- payments or under-payments shall be addressed in the next invoice; and (ii) any increase in costs to the Supplier due to increases in lease and property costs relating to any premises or site used by the Supplier in the performance of the obligations under this ContractOperational Services; and (b) notwithstanding Clause 22, upon not less than 30 days’ prior written notice in line with any increase in costs to the Supplier in performing the Operational Services as a result of any change to Applicable Laws. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to 7.5 If the Customer such detailed breakdowns receives an invoice which it reasonably believes includes a sum which is not valid and supporting evidence in respect of each invoice as the Customer may reasonably require.properly due: 18.3 Payment of the Charges by (a) the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by notify the Supplier in writing as soon as reasonably practicable and in any event within 7 days of this Contract receipt of invoice; (b) the Customer's failure to pay the disputed Charges shall not be deemed to be accepted or waived by the Customer by reason a breach of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appearsthis agreement; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and (c) the Customer shall pay the balance of the invoice which is not in dispute by the Due Date; (d) to the Supplier extent that the undisputed amount within thirty (30) days of receipt of that invoiceCustomer is obliged, and the quantum following resolution of the disputed amount shall either be agreed between dispute, to pay an amount, then the parties or dealt with Supplier may charge interest at the written request of either party through current statutory interest rate from the Dispute Resolution Procedure. 18.5 The Customer shall not be required to pay the disputed element of any invoice under dispute original Due Date until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of payment; (e) to the original invoice) within thirty (30) days of the date extent that the disputed Supplier is obliged to refund an amount to the Customer, interest shall be added to that amount at the current statutory interest rate; and (f) once the dispute has been resolved, where either party is agreed or determined in accordance with required to make a balancing payment, it shall do so within 7 Working Days and, where the Dispute Resolution ProcedureSupplier is required to issue a credit note, it shall do so within 30 Working Days. 18.6 7.6 The Supplier shall ensure that a term is included in any Sub-contract permitted under this Contract maintain complete and accurate records of, and supporting documentation for, all amounts which requires the Supplier to pay any undisputed sums due may be chargeable to the relevant Sub-contractor within a specified period that does not exceed 30 days Customer pursuant to this agreement. Such records shall be retained for inspection by the Customer for 2 years from the date end of the Supplier receives Contract Year to which the Sub-contractor's invoicerecords relate. 18.7 The Supplier shall not suspend the supply of the Services unless the Supplier is entitled to terminate this Contract under clause 59.6.1 for failure to pay undisputed Charges. Interest shall be payable on the late payment of any undisputed Charges properly invoiced in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then the party entitled to receive such sum shall be entitled to charge interest on that sum from the due date until payment is made both before and after any judgement at two and a half per cent (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998. 18.8 7.7 Except as otherwise provided, the Parties parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contractagreement. 7.8 All sums payable by either party under this agreement shall be paid in sterling. 7.9 The Charges are stated exclusive of VAT, including for which shall be added at the avoidance prevailing rate as applicable and paid by the Customer following delivery of doubt clauses 4.2 (Testing)a valid VAT invoice. 7.10 Neither party shall retain, 15 (Quality Assurance deduct or set off any sums owed to it by the other party which have fallen due and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, payable against any sums due to the extent specified therein, clause 64 (Step-In Rights)other party under this agreement or any other agreement or arrangement. 8 Governance The parties agree to manage this agreement through the governance structure more specifically detailed in Schedule 6.

Appears in 1 contract

Sources: Service Level Agreement (CVSL Inc.)

CHARGING AND INVOICING. 18.1 14.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 14.2 If either party (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence acting in respect of each invoice as the Customer may reasonably require. 18.3 Payment good faith) disputes all or any part of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Servicesinvoiced under this Agreement, or any part thereofother amount that the other party Claims is payable to it under this Agreement, failing to comply with any provision then: 14.2.1 the undisputed portion of this Contract and any breach the Charges or other amount shall be paid by the Supplier of relevant party in accordance with this Contract Agreement; 14.2.2 the relevant party shall not be deemed entitled to be accepted or waived by retain the Customer by reason of such payment. 18.4 If the Customer disputes any disputed portion of the Supplier’s invoices Charges or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full other amount pending resolution of the invoice Dispute in which the disputed amount appearsaccordance with this Clause 14.2; 18.4.2 issue a separate invoice for 14.2.3 the disputed amount together with any further information that parties shall use all reasonable endeavours to resolve the Customer requests about Dispute within ten (10) days of the disputed amountDispute arising; and 18.4.3 issue a separate invoice for 14.2.4 if the undisputed amounts of parties are unable to resolve the Dispute within such invoice and period, either party may refer the Customer shall pay matter to the Supplier Dispute Resolution Procedure Following resolution of the undisputed Dispute in accordance with this Clause 14.2, any amount agreed or determined to have been payable shall be paid by the relevant party within thirty (30) days days, together with interest on such amount calculated in accordance with Clause 14.4. 14.3 The Contractor shall not suspend the provision of receipt any Services except to the extent the Contractor is entitled to do so under Clause 40.11. 14.4 Each party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment not made in accordance with the terms of that invoice, and this Agreement by the quantum final date for payment calculated from day to day at a rate per annum equal to the Default Interest Rate from the day after the original final date for payment (as opposed to the date of the disputed amount shall either be agreed between the parties judgment or dealt resolution of a Dispute in accordance with at the written request of either party through the Dispute Resolution Procedure. 18.5 The Customer shall not be required Procedure up to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from and including the date of the original invoice) within thirty payment (30) days whether before or after judgment or resolution of the date that the disputed amount is agreed or determined a Dispute in accordance with the Dispute Resolution Procedure. 18.6 The Supplier shall ensure that a term is included in any Sub-contract permitted under this Contract which requires the Supplier to pay any undisputed sums due to the relevant Sub-contractor within a specified period that does not exceed 30 days from the date the Supplier receives the Sub-contractor's invoice. 18.7 The Supplier shall not suspend the supply of the Services unless the Supplier is entitled to terminate this Contract under clause 59.6.1 for failure to pay undisputed Charges. Interest shall be payable on the late payment of any undisputed Charges properly invoiced in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then the party entitled to receive such sum shall be entitled to charge interest on that sum from the due date until payment is made both before and after any judgement at two and a half per cent (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998. 18.8 14.5 Except as otherwise providedexpressly stated in this Agreement, the Parties parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including for the avoidance of doubt clauses 4.2 (Testing), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, to the extent specified therein, clause 64 (Step-In Rights)Agreement.

Appears in 1 contract

Sources: Agreement for the Provision of Parse and Correlate (P&c) Services

CHARGING AND INVOICING. 18.1 28.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 28.2 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier Contractor shall ensure that a term is included in any each Key Sub-contract permitted under this Contract Agreement which requires the Supplier Contractor to pay any undisputed sums due to the relevant its Key Sub-contractor contractors within a specified period that does not exceed 30 thirty (30) days from the date on which the Supplier Contractor receives the relevant Key Sub-contractor's invoice. The Contractor shall ensure that all Key Sub-contractors are paid promptly and in accordance with each Key Sub-contract. 18.7 28.3 Except as specified in Clause Error! Reference source not found., if either party (acting in good faith) disputes all or any part of the Charges invoiced under this Agreement, or any other amount that the other party Claims is payable to it under this Agreement, then: 28.3.1 the undisputed portion of the Charges or other amount shall be paid by the relevant party in accordance with this Agreement; 28.3.2 the relevant party shall be entitled to retain the disputed portion of the Charges or other amount pending resolution of the Dispute in accordance with this Clause 28.3; 28.3.3 the parties shall use all reasonable endeavours to resolve the Dispute within ten (10) days of the Dispute arising; and 28.3.4 if the parties are unable to resolve the Dispute within such period, either party may refer the matter to the Fast Track Dispute Resolution Procedure. Following resolution of the Dispute in accordance with this Clause 28.3, any amount agreed or determined to have been payable shall be paid by the relevant party within thirty (30) days, together with interest on such amount calculated in accordance with Clause 28.5. 28.4 The Supplier Contractor shall not suspend the supply provision of any Services except to the Services unless extent the Supplier Contractor is entitled to terminate this Contract do so under clause 59.6.1 for failure to pay undisputed Charges. Interest Clause 60.12. 28.5 Each party shall be payable entitled, without prejudice to any other right or remedy, to receive interest on the late any payment of any undisputed Charges properly invoiced not made in accordance with the Late Payment terms of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then Agreement by the party entitled final date for payment calculated from day to receive such sum shall be entitled day at a rate per annum equal to charge interest on that sum the Default Interest Rate from the due day after the original final date until for payment is made both (as opposed to the date of judgment or resolution of a Dispute in accordance with Schedule 8.3 (Dispute Resolution Procedure)) up to and including the date of payment (whether before and or after any judgement at two and judgment or resolution of a half per cent Dispute in accordance with Schedule 8.3 (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998Dispute Resolution Procedure)). 18.8 28.6 Except as otherwise providedexpressly stated in this Agreement, the Parties parties shall each bear their own costs and expenses incurred in respect of its compliance with their obligations under this Contract, including Agreement. 28.7 If the DCC is or at any time becomes a 'contractor' for the avoidance purposes of doubt clauses 4.2 the Construction Industry Scheme under the Finance ▇▇▇ ▇▇▇▇ (Testingthe "CIS"), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, its obligation to make any payment under this Agreement shall be subject to the extent specified therein, clause 64 (Step-In Rights)provisions of the CIS.

Appears in 1 contract

Sources: Agreement for the Provision of Communications Services in Relation to the Smart Metering Programme

CHARGING AND INVOICING. 18.1 23.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubt, unless expressly stated otherwise in this Contract, the Charges set out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this Contract. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 23.2 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier Contractor shall ensure that a term is included in any Sub-each Key Sub- contract permitted under this Contract Agreement which requires the Supplier Contractor to pay any undisputed sums due to the relevant its Key Sub-contractor contractors within a specified period that does not exceed 30 thirty (30) days from the date on which the Supplier Contractor receives the relevant Key Sub-contractor's invoice. The Contractor shall ensure that all Key Sub-contractors are paid promptly and in accordance with each Key Sub-contract. 18.7 The Supplier shall not suspend the supply 23.3 If either party (acting in good faith) disputes all or any part of the Services unless Charges invoiced under this Agreement, or any other amount that the Supplier other party Claims is payable to it under this Agreement, then: 23.3.1 the undisputed portion of the Charges or other amount shall be paid by the relevant party in accordance with this Agreement; 23.3.2 the relevant party shall be entitled to terminate retain the disputed portion of the Charges or other amount pending resolution of the Dispute in accordance with this Contract under clause 59.6.1 for failure Clause 23.3; 23.3.3 the Parties shall use all reasonable endeavours to pay undisputed Chargesresolve the Dispute within ten (10) days of the Dispute arising; and 23.3.4 if the Parties are unable to resolve the Dispute within such period, either party may refer the matter to the Fast Track Dispute Resolution Procedure. Interest Following resolution of the Dispute in accordance with this Clause 23.3, any amount agreed or determined to have been payable shall be payable paid by the relevant party within thirty (30) days, together with interest on the late such amount calculated in accordance with Clause 23.4. 23.4 Each Party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment of any undisputed Charges properly invoiced not made in accordance with the Late Payment terms of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then Agreement by the party entitled final date for payment calculated from day to receive such sum shall be entitled day at a rate per annum equal to charge interest on that sum the Default Interest Rate from the due day after the original final date until for payment is made both (as opposed to the date of judgment or resolution of a Dispute in accordance with Schedule 8.3 (Dispute Resolution Procedure)) up to and including the date of payment (whether before and or after any judgement at two and judgment or resolution of a half per cent Dispute in accordance with Schedule 8.3 (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998Dispute Resolution Procedure)). 18.8 23.5 Except as otherwise providedexpressly stated in this Agreement, the Parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including for the avoidance of doubt clauses 4.2 (Testing), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, to the extent specified therein, clause 64 (Step-In Rights)Agreement.

Appears in 1 contract

Sources: Agreement for the Provision of Services

CHARGING AND INVOICING. 18.1 ‌ 23.1 In consideration of the Supplier Contractor carrying out its obligations, including the provision of the Services Services, under this ContractAgreement, the Customer DCC shall pay the Charges to the Supplier Contractor in accordance with the payment profile and the invoicing procedure specified in schedule Schedule 7.1 (Charges and InvoicingPayment). For the avoidance of doubtIn this regard, unless expressly stated otherwise where a fee or charge is not identified in this ContractAgreement for an activity to be undertaken by the Contractor (including expenses and the Contractor's obligations under Clause 5.3) this Agreement does not specify that a fee or Charge needs to be separately identified in relation to such activity, such activity shall be considered included in the Charges set and will be carried out in schedule 7.1 (Charges and Invoicing) represent the Customer's complete consideration for provision of the Services under this Contract and shall be inclusive of all costs, disbursements and expenses incurred by the Supplier in the performance of the obligations under this ContractContractor at no additional cost to DCC. 18.2 In addition to the requirements of schedule 7.1 (Charges and Invoicing), the Supplier shall provide to the Customer such detailed breakdowns and supporting evidence in respect of each invoice as the Customer may reasonably require. 18.3 Payment of the Charges by the Customer shall be without prejudice to any rights the Customer may have by reason of the Services, or any part thereof, failing to comply with any provision of this Contract and any breach by the Supplier of this Contract shall not be deemed to be accepted or waived by the Customer by reason of such payment. 18.4 If the Customer disputes any of the Supplier’s invoices or any part thereof the Supplier shall: 18.4.1 issue a credit note for the full amount of the invoice in which the disputed amount appears; 18.4.2 issue a separate invoice for the disputed amount together with any further information that the Customer requests about the disputed amount; and 18.4.3 issue a separate invoice for the undisputed amounts of such invoice and the Customer shall pay to the Supplier the undisputed amount within thirty (30) days of receipt of that invoice, and the quantum of the disputed amount shall either be agreed between the parties or dealt with at the written request of either party through the Dispute Resolution Procedure. 18.5 23.2 The Customer shall not be required to pay the disputed element of any invoice under dispute until such amount has been agreed or determined pursuant to the Dispute Resolution Procedure. The Customer shall pay to the Supplier the amount agreed or determined to be payable (if any) (together with interest accruing in accordance with clause 18.7, from the date of the original invoice) within thirty (30) days of the date that the disputed amount is agreed or determined in accordance with the Dispute Resolution Procedure. 18.6 The Supplier Contractor shall ensure that a term is included in any each Key Sub-contract permitted under this Contract Agreement which requires the Supplier Contractor to pay any undisputed sums due to the relevant its Key Sub-contractor contractors within a specified period that does not exceed 30 days twenty (20) Business Days from the date on which the Supplier Contractor receives the relevant Key Sub-contractor's invoice. The Contractor shall ensure that all Key Sub-contractors are paid promptly and in accordance with each Key Sub-contract. 18.7 The Supplier shall not suspend the supply 23.3 If either Party (acting in good faith) disputes all or any part of the Services unless Charges invoiced under this Agreement, or any other amount that the Supplier other Party Claims is payable to it under this Agreement, then:‌ 23.3.1 the undisputed portion of the Charges or other amount shall be paid by the relevant Party in accordance with this Agreement; 23.3.2 the relevant Party shall be entitled to terminate retain the disputed portion of the Charges or other amount pending resolution of the Dispute in accordance with this Contract under clause 59.6.1 for failure Clause 23.3; 23.3.3 the Parties shall use all reasonable endeavours to pay undisputed Chargesresolve the Dispute within ten (10) Business Days of the Dispute arising; and 23.3.4 if the Parties are unable to resolve the Dispute within such period, either Party may refer the matter to the Fast Track Dispute Resolution Procedure. Interest Following resolution of the Dispute in accordance with this Clause 23.3, any amount agreed or determined to have been payable shall be payable paid by the relevant Party within thirty (30) Business Days, together with interest on the late such amount calculated in accordance with Clause 23.4. 23.4 Each Party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment of any undisputed Charges properly invoiced not made in accordance with the Late Payment terms of Commercial Debts (Interest) Act 1998. If any sum properly due and payable under this Contract is not paid when due then Agreement by the party entitled final date for payment calculated from day to receive such sum shall be entitled day at a rate per annum equal to charge interest on that sum the Default Interest Rate from the due day after the original final date until for payment is made both (as opposed to the date of judgment or resolution of a Dispute in accordance with Schedule 8.3 (Dispute Resolution Procedure)) up to and including the date of payment (whether before and or after any judgement at two and judgment or resolution of a half per cent Dispute in accordance with Schedule 8.3 (2.5%) per annum over the base lending rate from time to time of the Bank of England, such interest to accrue on a daily basis. The parties agree that this clause 18.7 is a substantial remedy for late payment of any sum payable under this Contract for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998.Dispute Resolution Procedure)).‌ 18.8 23.5 Except as otherwise providedexpressly stated in this Agreement, the Parties shall each bear their own costs and expenses incurred in respect of compliance with their obligations under this Contract, including Agreement. 23.6 If the DCC is or at any time becomes a 'contractor' for the avoidance purposes of doubt clauses 4.2 the Construction Industry Scheme under the Finance ▇▇▇ ▇▇▇▇ (Testingthe "CIS"), 15 (Quality Assurance and Performance Monitoring), 26 (Audits), 43 (Protection of Personal Data), and 44 (Freedom of Information) and, its obligation to make any payment under this Agreement shall be subject to the extent specified therein, clause 64 (Step-In Rights)provisions of the CIS.

Appears in 1 contract

Sources: Agreement for the Provision of Systems Integration Services