Common use of Customer Account Statements Clause in Contracts

Customer Account Statements. (A) IBM Credit will send statements of each transaction ("SOT") hereunder to each Customer with respect to Product Advances and other charges due on Customer's account with IBM Credit. Each SOT shall be deemed, absent manifest error, to be correct and shall constitute an account stated with respect to each transaction or amount described therein unless within sixty (60) calendar days after such SOT is received by such Customer, Customer provides IBM Credit written notice specifying the error(s), if any, contained therein by amount and transaction. In each case, in which a Customer submits to International Business Machines Corporation ("IBM") a credit request for a Supplier Credit ("Credit Request"), IBM Credit will add the amount of the Credit Request to the amount of Available Credit, provided, however, that such request (i) is verifiable by IBM, and (ii) has been submitted to IBM Credit according to the dispute process, including but not limited to submitting all Credit Requests via the Internet within sixty (60) days of the date of invoice, or within thirty (30) days from the date of return of a Product damaged in transit. The Available Credit will be decreased by the amount of the Credit Request if IBM does not deem such Credit Request valid or invalid within thirty (30) days of receipt of such request. For purposes of this Agreement, Credit Request shall mean a request for a Supplier Credit to be issued by IBM for Products (i) invoiced but not delivered, (ii) invoiced in an incorrect amount or (iii) returned to IBM because damaged intransit.

Appears in 1 contract

Sources: Inventory Financing Agreement (Microage Inc /De/)

Customer Account Statements. (A) IBM Credit will send statements of each transaction ("SOT") hereunder to each Customer with respect to Product Advances and other charges due on Customer's account with IBM Credit. Each SOT shall be deemed, absent manifest error, to be correct and shall constitute an account stated with respect to each transaction or amount described therein unless within sixty (60) calendar days after such SOT is received by such Customer, Customer provides IBM Credit written notice specifying the error(s), if any, contained therein by amount and transaction. In each case, in which a Customer submits to International Business Machines Corporation ("IBM") a credit request for a Supplier Credit ("Credit Request"), IBM Credit will add the amount of the Credit Request to the amount of Available CreditCredit , provided, however, that such request (i) is verifiable by IBM, and (ii) has been submitted to IBM Credit according to the dispute process, including but not limited to submitting all Credit Requests via the Internet within sixty (60) days of the date of invoice, or within thirty (30) days from the date of return of a Product damaged in transit. The Available Credit will be decreased by the amount of the Credit Request if IBM does not deem such Credit Request valid or invalid within thirty (30) days of receipt of such request. For purposes of this Agreement, Credit Request shall mean a request for a Supplier Credit to be issued by IBM for Products (i) invoiced but not delivered, (ii) invoiced in an incorrect amount or (iii) returned to IBM because damaged intransit.

Appears in 1 contract

Sources: Wholesale Financing Agreement (Microage Inc /De/)