Common use of Costs and Payment Clause in Contracts

Costs and Payment. 4.1 In consideration of HP’s provision of the Services and/or supply of the Parts, the Customer agrees to pay, without deduction or set off, the Costs within 30 days of the date of HP's invoice unless otherwise agreed in writing by a HP Authorised Officer. 4.2 The Customer acknowledges and agrees that if the Costs are not paid by the due date, HP shall be entitled to: (a) charge interest on overdue amounts from the date when it becomes due until the date payment is received, at a rate of 1.33% per month; and/or (b) stop supply and/or cease to perform any Services immediately under the Agreement in which event, HP will incur no liability to the Customer, and the Customer releases HP from any obligation to pay liquidated damages and/or milestone penalties that would otherwise apply; and/or (c) exercise a lien over the Equipment until all outstanding Costs owing on any account whatsoever, are paid in full; and/or (d) recover from the Customer all costs and legal costs (including Solicitor’s costs on a full indemnity basis) which HP may incur should HP take any steps to recover any money owing to HP pursuant to this Agreement or to enforce its rights pursuant to this Agreement 4.3 All amounts payable under this Agreement are expressed on a GST exclusive basis. If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this Agreement plus GST. The parties must provide each other with all documentation required to claim any Input Tax Credit, set off, rebate or refund for or in relation to any GST included in any payment made under this Contract. In this clause 4.3, the terms “GST”, “Taxable Supply”, “Input Tax Credit” and “Tax Invoice” have the meaning given in the GST Law.

Costs and Payment. 4.1 5.1 In consideration of HPCAM’s provision of the Services and/or supply of the Parts, the Customer agrees to pay, without deduction or set off, the Costs within 30 days of prior to the date of HP's invoice unless otherwise agreed in writing by a HP Authorised OfficerEquipment becoming available to the Customer. 4.2 5.2 CAM may at its discretion allow a Customer to have a 30-day account providing that the Customer: a. provide a credit card with an approved credit limit that will cover any Costs; and b. provide at least three trade references with whom the Customer has trade accounts to an equal or greater value than the expected 30-day account value. 5.3 The Customer acknowledges and agrees that if the Costs are not paid by the due date, HP CAM shall be entitled to: (a) a. debit the credit card for the full amount of the outstanding Costs; b. charge interest on overdue amounts from the date when it becomes due until the date payment is received, at a the rate of 1.33% per month; and/orequivalent to the NAB Rewards Business Signature Card Cash Advance interest rate with interest accruing daily and compounding monthly. (b) c. stop supply and/or cease to perform any Services immediately under the Agreement in which event, HP CAM will incur no liability to the Customer, and the Customer releases HP CAM from any obligation to pay liquidated damages and/or milestone penalties that would otherwise apply; and/or (c) d. exercise a lien over the Equipment until all outstanding Costs owing on any account whatsoever, are paid in full; and/or (d) e. recover from the Customer all costs and legal costs (including Solicitor’s costs on a full indemnity basis) which HP CAM may incur should HP CAM take any steps to recover any money owing to HP CAM pursuant to this Agreement or to enforce its rights pursuant to this Agreement. 4.3 5.4 All amounts payable under this Agreement are expressed on a GST exclusive basis. If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this Agreement plus GST. The parties must provide each other with all documentation required to claim any Input Tax Credit, set off, rebate or refund for or in relation to any GST included in any payment made under this Contract. In this clause 4.3clause, the terms “GST”, “Taxable Supply”, “Input Tax Credit” and “Tax Invoice” have the meaning given in the GST Law.

Costs and Payment. 4.1 5.1 In consideration of HPCAM’s provision of the Services and/or supply of the Parts, the Customer agrees to pay, without deduction or set off, the Costs within 30 days of prior to the date of HP's invoice unless otherwise agreed in writing by a HP Authorised OfficerEquipment becoming available to the Customer. 4.2 5.2 CAM may at its discretion allow a Customer to have a 30 day account providing that Customer: 5.2.1 provide a credit card with an approved credit limit that will cover any Costs; and 5.2.2 provide at least three trade references with whom the Customer has trade accounts to an equal or greater value than the expected 30 day account value. 5.3 The Customer acknowledges and agrees that if the Costs are not paid by the due date, HP CAM shall be entitled to: (a) 5.3.1 debit the credit card for the full amount of the outstanding Costs; 5.3.2 or if the Credit Card can not be debited, charge interest on overdue amounts from the date when it becomes due until the date payment is received, at a rate of 1.33% per month; and/or (b) 5.3.3 stop supply and/or cease to perform any Services immediately under the Agreement in which event, HP CAM will incur no liability to the Customer, and the Customer releases HP CAM from any obligation to pay liquidated damages and/or milestone penalties that would otherwise apply; and/or (c) 5.3.4 exercise a lien over the Equipment until all outstanding Costs owing on any account whatsoever, are paid in full; and/or (d) 5.3.5 recover from the Customer all costs and legal costs (including Solicitor’s costs on a full indemnity basis) which HP CAM may incur should HP CAM take any steps to recover any money owing to HP CAM pursuant to this Agreement or to enforce its rights pursuant to this Agreement. 4.3 5.4 All amounts payable under this Agreement are expressed on a GST exclusive basis. If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this Agreement plus GST. The parties must provide each other with all documentation required to claim any Input Tax Credit, set off, rebate or refund for or in relation to any GST included in any payment made under this Contract. In this clause 4.3clause, the terms “GST”, “Taxable Supply”, “Input Tax Credit” and “Tax Invoice” have the meaning given in the GST Law.

Costs and Payment. 4.1 In consideration 2.1.1 The Council shall pay the Costs. 2.1.2 Save where Clause 2.1.7 applies, in which case invoices shall be on the basis set out therein, payment of HP’s provision Costs (calculated to the extent applicable in accordance with Schedule 2) to Network Rail shall be made in accordance with the following arrangements: 2.1.2.1 Network Rail shall be entitled to request payment every 28 days in arrears by issuing an invoice to the Council. The form of invoice and extent to which supporting documents are required shall be as previously approved by the Services and/or supply Council (where not already given prior to the date of the Partsthis Agreement, the Customer agrees such approval not to pay, without deduction be unreasonably withheld or set off, delayed). The invoice shall detail the Costs calculated to the extent applicable in accordance with Schedule 2 during the relevant period; 2.1.2.2 such invoices shall be payable within 30 14 days of the date of HP's the invoice unless otherwise agreed (the “Due Date for Payment”) and the final date for payment shall be 14 days from the Due Date for Payment (the “Final Date for Payment”); and 2.1.2.3 the Council may give notice to Network Rail on or before the Due Date for Payment, specifying the amount of the payment made or to be made and the basis upon which it was calculated. Where no such notice is given, the amount to be paid shall be that stated in writing by a HP Authorised Officerthe invoice. 4.2 2.1.3 If the Council disputes the payment of any part of an invoice it shall serve a notice of intention to withhold payment (the “Withholding Notice”) no later than 10 days before the Final Date for Payment. The Customer acknowledges Withholding Notice shall specify the amount proposed to be withheld and agrees that the grounds for withholding payment or if there is more than one ground, each ground and the Costs are not amount attributable to it. 2.1.4 Should a Withholding Notice be served, Network Rail shall: 2.1.4.1 issue a new invoice (the “Undisputed Amount Invoice”) for the undisputed amount; and 2.1.4.2 issue a further new invoice (the “Disputed Amount Invoice”) for the amount disputed in the Withholding Notice, which will become the final date for payment for the disputed amount. and the Undisputed Amount Invoice shall be paid by the due date, HP Final Date for Payment of the original invoice whereas the Disputed Amount Invoice (or such amount as is adjudged or resolved to be payable) shall be entitled topaid within seven (7) days after the dispute is resolved or determined under Clause 6.9. 2.1.5 Should any payment not be made by the Final Date for Payment then: 2.1.5.1 Network Rail reserves the right to suspend performance of its obligations under this Agreement; and 2.1.5.2 the payment due shall bear interest thereon at the rate of two (a2) charge interest on overdue amounts percent above the base lending rate of the HSBC Bank plc (or such other bank in the UK nominated by Network Rail) such rate to be determined upon such Final Date for Payment and be payable from such Final Date for Payment to the date of actual payment. Interest shall be payable at the rate stated above upon any sum paid under a Disputed Amount Invoice for the period from the date when it becomes due Final Date for Payment of the original invoice to which the Disputed Amount Invoice relates until the actual date payment is received, at a rate of 1.33% per month; and/orpayment. (b) stop supply and/or cease to perform any Services immediately under the Agreement in which event, HP will incur no liability 2.1.6 Payments shall be exclusive of Value Added Tax and shall be subject to the Customeraddition of Value Added Tax if and where applicable on production of a Value Added Tax invoice. 2.1.7 In respect of Costs following final completion of the Works, Network Rail may invoice the Council at any time and such invoices shall be for the Customer releases HP from any obligation to pay liquidated damages and/or milestone penalties that would otherwise apply; and/or (c) exercise a lien over the Equipment until all outstanding Costs owing on any account whatsoever, are paid in full; and/or (d) recover from the Customer all costs and legal costs (including Solicitor’s costs on a full indemnity basis) which HP may incur should HP take any steps to recover any money owing to HP pursuant to this Agreement or to enforce its rights pursuant to this Agreement 4.3 All amounts payable under this Agreement are expressed on a GST exclusive basis. If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this Agreement plus GST. The parties must provide each other with all documentation required to claim any Input Tax Credit, set off, rebate or refund for or in relation to any GST included in any payment made under this Contract. In this clause 4.3, the terms “GST”, “Taxable Supply”, “Input Tax Credit” and “Tax Invoice” have the meaning given in the GST Lawactual Costs.