Default and Consequences of Default. 10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment. 10.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Creditor from and against all costs and disbursements incurred by the Creditor in pursuing the debt including legal costs on a solicitor and own client basis and the Creditor’s debt collection costs. 10.3 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause. 10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable. 10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in the event that; (a) any money payable to the Creditor becomes overdue, or in the Creditor’s opinion the Customer will be unable to meet its payments as they fall due; or (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 7 contracts
Sources: Terms and Conditions of Trade, Terms and Conditions of Trade, Terms and Conditions of Trade
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 12.2 If the Customer defaults in payment of Client owes the Supplier any invoice when due, money the Customer Client shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 12.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Client has made payment to the Customer Supplier, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 12.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Supplier;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 6 contracts
Sources: Supply Agreement, Contract, Contract
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of Client owes the Supplier any invoice when due, money the Customer Client shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Client has made payment to the Customer Supplier, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Supplier;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 4 contracts
Sources: Supply Agreement, Contract, Service Agreement
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 20.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 20.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 4 contracts
Sources: Contract, Contract, Contractor Agreement
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Pit Stop’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes Pit Stop any invoice when due, money the Customer shall indemnify the Creditor Pit Stop from and against all costs and disbursements incurred by the Creditor Pit Stop in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Pit Stop’s collection agency costs, and bank dishonour fees).
16.3 Further to any other rights or remedies Pit Stop may have under this Contract, if a Customer has made payment to Pit Stop, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Pit Stop under this clause 16, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorPit Stop’s other remedies at law the Creditor Pit Stop shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Pit Stop shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Pit Stop becomes overdue, or in the CreditorPit Stop’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Pit Stop;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 3 contracts
Sources: Franchise Agreement, Contract, Contract
Default and Consequences of Default. 10.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.52%) per calendar month (and at ▇▇▇▇▇▇ ’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 24.2 If the Customer defaults in payment of Client owes Maximo any invoice when due, money the Customer Client shall indemnify the Creditor Maximo from and against all costs and disbursements incurred by the Creditor Maximo in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇▇▇’s collection agency costs, and bank dishonour fees).
24.3 Further to any other rights or remedies Maximo may have under this Contract, if a Client has made payment to Maximo, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Maximo under this clause 24, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 24.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇▇▇▇’s other remedies at law the Creditor Maximo shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Maximo shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor ▇▇▇▇▇▇ becomes overdue, or in the Creditor▇▇▇▇▇▇’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by ▇▇▇▇▇▇;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Default and Consequences of Default. 10.1 11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half eighteen percent (2.518.0%) per calendar month annum (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 11.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, the Supplier’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 11.3 Further to any other rights or remedies the Creditor Supplier may havehave under this contract, if at any time a Customer has made payment to the Supplier by credit card, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 9, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this agreement.
10.5 11.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 3 contracts
Sources: Terms and Conditions of Trade, Terms and Conditions of Trade, Terms and Conditions of Trade
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Service Agreement, Contract
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 20.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 20 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 20.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Contract Agreement, Contract
Default and Consequences of Default. 10.1 11.1 Interest on overdue invoices shall may accrue daily from the date when payment becomes due, due daily until the date of payment, payment at a rate of two and one half percent (2.5%) % per calendar month and such interest shall compound monthly may accrue at such a rate after as well as before any judgment.
10.2 11.2 If the Customer Buyer defaults in payment of any invoice when due, the Customer Buyer shall indemnify the Creditor Seller from and against all the Seller’s costs and disbursements incurred by the Creditor in pursuing the debt including legal costs on a solicitor and own client Buyer basis and in addition all of the Creditor’s debt collection costsSeller's nominees' costs of collection.
10.3 11.3 Without prejudice to any other remedies the Creditor Seller may have, if at any time the Customer Buyer is in breach of any obligation (including those relating to payment), the Creditor Seller may suspend or terminate the supply of Goods and/or Services to the Customer Buyer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor Seller will not be liable to the Customer Buyer for any loss or damage the Customer Buyer suffers because the Creditor has Seller exercised its rights under this clause.
10.4 11.4 If any account remains overdue unpaid at the end of the second month after thirty (30) days then an supply of the goods or services the following shall apply: An immediate amount of the greater of twenty dollars ($20.00) 50.00 or ten percent (10.00%) % of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in 11.5 In the event that;:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall due; or
(b) the Customer Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer; then without prejudice to the Seller’s other remedies at law:
i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
Appears in 2 contracts
Sources: Terms and Conditions of Trade, Terms and Conditions of Trade
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at CyberChill’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of Client owes CyberChill any invoice when due, money the Customer Client shall indemnify the Creditor CyberChill from and against all costs and disbursements incurred by the Creditor CyberChill in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, CyberChill’s contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies CyberChill may have under this Contract, if a Client has made payment to CyberChill, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by CyberChill under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 14.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorCyberChill’s other remedies at law the Creditor CyberChill shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor CyberChill shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor CyberChill becomes overdue, or in the CreditorCyberChill’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by CyberChill;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at M.D.L’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of owes M.D.L any invoice when due, money the Customer shall indemnify the Creditor M.D.L from and against all costs and disbursements incurred by the Creditor M.D.L in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, M.D.L’s collection agency costs, and bank dishonour fees).
19.3 Further to any other rights or remedies M.D.L may have under this Contract, if a Customer has made payment to M.D.L, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by M.D.L under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 19.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorM.D.L’s other remedies at law the Creditor M.D.L shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor M.D.L shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor M.D.L becomes overdue, or in the CreditorM.D.L’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by M.D.L;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at HSE’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes HSE any invoice when due, money the Customer Client shall indemnify the Creditor HSE from and against all costs and disbursements incurred by the Creditor HSE in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, HSE’s collection agency costs, and bank dishonour fees).
22.3 Further to any other rights or remedies HSE may have under this Contract, if a Client has made payment to HSE, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by HSE under this clause 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 22.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorHSE’s other remedies at law the Creditor HSE shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor HSE shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor HSE becomes overdue, or in the CreditorHSE’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or
(b) the Customer Client has exceeded any applicable credit limit provided by HSE; or
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 22.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 22.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Warranty, Sales Contract
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Mouldmen’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 12.2 If the Customer defaults in payment of Client owes Mouldmen any invoice when due, money the Customer Client shall indemnify the Creditor Mouldmen from and against all costs and disbursements incurred by the Creditor Mouldmen in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Mouldmen’s contract default fee, and bank dishonour fees).
12.3 Further to any other rights or remedies Mouldmen may have under this contract, if a Client has made payment to Mouldmen, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Mouldmen under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Agreement.
10.3 12.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorMouldmen’s other remedies at law the Creditor Mouldmen shall be entitled to cancel all or any part of any order of the Customer Services to be supplied to the Client which remains unfulfilled and all amounts owing to the Creditor Mouldmen shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Mouldmen becomes overdue, or in the CreditorMouldmen’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by Mouldmen;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Service Agreement, Confidentiality Agreement
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Retail Terms and Conditions, Commercial Terms and Conditions
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of Buyer owes the Seller any invoice when duemoney, the Customer Buyer shall indemnify the Creditor Seller from and against all costs and disbursements disbursements:
(a) incurred; and/or
(b) which would be incurred and/or
(c) for which by the Creditor Buyer would be liable; in pursuing the debt including regard to legal costs on a solicitor and own client basis basis, internal administration fees, the Seller’s Contract fees owing for breach of these terms and the Creditor’s debt collection costsconditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
10.3 Without prejudice 16.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Buyer has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Buyer shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableBuyer’s obligations under this Contract.
10.5 16.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Buyer has exceeded any applicable credit limit provided by the Seller;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer.
Appears in 2 contracts
Sources: Services Agreements, Confidentiality Agreement
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 17.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 17.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at ▇▇▇▇▇▇▇ Air’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes ▇▇▇▇▇▇▇ Air any invoice when due, money the Customer Client shall indemnify the Creditor ▇▇▇▇▇▇▇ Air from and against all costs and disbursements incurred by the Creditor ▇▇▇▇▇▇▇ Air in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇▇▇▇ Air’s collection agency costs, and bank dishonour fees).
22.3 Further to any other rights or remedies ▇▇▇▇▇▇▇ Air may have under this Contract, if a Client has made payment to ▇▇▇▇▇▇▇ Air, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ▇▇▇▇▇▇▇ Air under this clause 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 22.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇▇▇▇▇ Air’s other remedies at law the Creditor ▇▇▇▇▇▇▇ Air shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor ▇▇▇▇▇▇▇ Air shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor ▇▇▇▇▇▇▇ Air becomes overdue, or in the Creditor▇▇▇▇▇▇▇ Air’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by ▇▇▇▇▇▇▇ Air;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes dueDue Date, until the date of payment, at a rate of two the Interest Rate (and one half percent (2.5%) per calendar month and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment. The charging of interest by the Supplier on any amount outstanding after the Due Date will not be construed by the Customer as an option for payment over a longer period but as compensation to the Supplier for failure to pay on or before the Due Date.
10.2 If 11.2 The Customer will pay the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Creditor from and against all Supplier’s costs and disbursements incurred by the Creditor in pursuing any recovery action, or any other claim or remedy, against the Customer, including but not limited to internal administration fees, collection costs including the Supplier’s collection agency costs, debt including recovery fees, legal costs on a solicitor and own client full indemnity basis and bank dishonour fees. Such costs and disbursements will be due and payable by the Creditor’s Customer to the Supplier irrespective of whether pursuit of the recovery action, claim or remedy is successful. Such costs will constitute a debt collection coststo the Supplier and shall be payable by the Customer upon demand by the Supplier, failing which interest shall accrue in respect of them in accordance with the terms of Clause 11.1 from the date of demand until the date of payment.
10.3 11.3 Without prejudice to any other remedies the Creditor Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment), ) under these Terms and Conditions the Creditor Supplier may suspend or terminate the supply of Goods and/or Services and/or Equipment or withdraw or suspend credit facilities to the Customer and any of its other obligations under the terms and conditionsCustomer. The Customer acknowledges and agrees that the Creditor Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor Supplier has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 11.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Sources: Agreement for the Provision of Goods and/or Services, Fuel Card and/or Hire of Equipment on Credit, Agreement for the Provision of Goods and/or Services, Fuel Card and/or Hire of Equipment on Credit
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Supplier;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Sources: Supply Agreement, Contract
Default and Consequences of Default. 10.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at MSS’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 23.2 If the Customer defaults in payment of owes MSS any invoice when due, money the Customer shall indemnify the Creditor MSS from and against all costs and disbursements incurred by the Creditor MSS in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, MSS’ collection agency costs, and bank dishonour fees).
23.3 Further to any other rights or remedies MSS may have under this Contract, if a Customer has made payment to MSS, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MSS under this clause 23, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 23.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s MSS’ other remedies at law the Creditor MSS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor MSS shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor MSS becomes overdue, or in the Creditor’s MSS’ opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by MSS;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at ▇▇▇▇ Electrical’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes ▇▇▇▇ Electrical any invoice when due, money the Customer Client shall indemnify the Creditor ▇▇▇▇ Electrical from and against all costs and disbursements incurred by the Creditor ▇▇▇▇ Electrical in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇ Electrical’s collection agency costs, and bank dishonour fees).
22.3 Further to any other rights or remedies ▇▇▇▇ Electrical may have under this Contract, if a Client has made payment to ▇▇▇▇ Electrical, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ▇▇▇▇ Electrical under this clause 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 22.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇▇ Electrical’s other remedies at law the Creditor ▇▇▇▇ Electrical shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor ▇▇▇▇ Electrical shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor ▇▇▇▇ Electrical becomes overdue, or in the Creditor▇▇▇▇ Electrical’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by ▇▇▇▇ Electrical;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 12.1 Where an invoice has remained unpaid for 14 business days, a reminder will be sent to the Client, in writing, and an administration fee of $250.00 (inclusive of GST) will be charged to the Client; If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged, and the Client agrees to indemnify DMA for any and all reasonable collection costs (in accordance with clause 12.3).
12.2 Interest on overdue invoices shall accrue daily from the date when that payment becomes was due, until the date of payment, at a rate of two and one half five percent (2.55%) per calendar month and such interest shall compound monthly at such a rate annum pro rata, after as well as before any judgment.
10.2 12.3 If the Customer defaults in payment of Client owes DMA any invoice when due, money the Customer Client shall indemnify the Creditor DMA from and against all costs and disbursements incurred by the Creditor DMA in pursuing recovering the debt (including but not limited to collection fees, legal costs on a solicitor and own client basis basis, DMA’s contract default fee, Court or any other institution filing fees and the Creditor’s debt collection costsbank dishonour fees).
10.3 12.4 Without prejudice to any other remedies the Creditor DMA may have, if at any time the Customer Client is in breach of any obligation (including those relating to payment), the Creditor ) under these terms and conditions DMA may suspend or terminate the supply of Goods and/or Services Service to the Customer and any of its other obligations under the terms and conditionsClient. The Customer acknowledges and agrees that the Creditor DMA will not be liable to the Customer Client for any loss or damage the Customer Client suffers because the Creditor DMA has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 12.5 Without prejudice to the CreditorDMA’s other remedies at law the Creditor DMA shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor DMA shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor DMA becomes overdue, or in the CreditorDMA’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
(d) the Client suffers a lack of capacity through mental illness such that they are unable to fulfil their obligations pursuant to this agreement.
(e) the Client engages another consultant, individual, or business that provides similar services to the Client without DMA’s express permission.
12.6 This Clause shall continue in force and effect and be enforceable against the Client, and their successor(s), assignee(s), legal personal representatives notwithstanding their death, insolvency, termination of this Agreement or any other event.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at FP’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of Client owes FP any invoice when due, money the Customer Client shall indemnify the Creditor FP from and against all costs and disbursements incurred by the Creditor FP in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, FP’s collection agency costs, and bank dishonour fees).
20.3 Further to any other rights or remedies FP may have under this Contract, if the Client has made payment to FP, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by FP under this clause 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorFP’s other remedies at law the Creditor FP shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor FP shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor FP becomes overdue, or in the CreditorFP’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by FP;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Contract, Service Agreement
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 16.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Customer has made payment to the Seller, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 16.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Seller;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Buyer owes the Seller any invoice when due, money the Customer Buyer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Buyer has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Buyer shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableBuyer’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Buyer has exceeded any applicable credit limit provided by the Seller;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer.
Appears in 2 contracts
Sources: Sales Contract, Sales Contracts
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 19.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 19.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Default and Consequences of Default. 10.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 23.2 If the Customer defaults in payment of owes the Contractor any invoice when due, money the Customer shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 23.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 23, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 23.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Contractor;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 2 contracts
Default and Consequences of Default. 10.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 24.2 If the Customer defaults in payment of Client owes the Supplier any invoice when due, money the Customer Client shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 24.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Client has made payment to the Customer Supplier, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 24, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 24.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Supplier;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, due and payable until the date of payment, payment at a rate of two and one half percent (2.5%) 2% per calendar month and month, with such interest shall compound monthly at such a rate after as well as before any judgmentto be calculated daily and compounded monthly.
10.2 12.2 If the Customer Client defaults in payment of any invoice when dueor breaches any obligation of this Agreement, the Customer Client shall indemnify the Creditor Company from and against all the Company’s costs and disbursements incurred by the Creditor in pursuing the debt relating thereto or arising therefrom including legal costs on a solicitor full indemnity basis in addition to all of the Company’s costs of collection and own client basis and the Creditor’s debt collection costsenforcement.
10.3 12.3 Without prejudice to any other remedies the Creditor Company may have, if at any time the Customer Client is in breach of any obligation (including but not limited to those relating to payment), the Creditor Company may without prejudice to any of its other rights at law suspend or terminate the supply of the Goods and/or Services to the Customer Client and/or terminate this Agreement and any of its the Company’s other obligations under the terms and conditionsthis Agreement. The Customer acknowledges and agrees that the Creditor Company will not be liable to the Customer Client for any loss or damage the Customer Client suffers because arising from the Creditor has exercised Company exercising its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in 12.4 In the event that;:
(a) any money payable to the Creditor Company becomes overdue, or in the CreditorCompany’s opinion the Customer Client will be unable to meet its payments as they fall due; or
(b) the Customer Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator liquidator, trustee in bankruptcy (provisional or otherwise) ), controller, or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient;
(d) there is a change in Control of the Company (as defined in the Corporations Act 2001 (Cth), (“Insolvency Event”) without the prior written consent of the Company, then without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Client which remains unperformed and/or terminate this Agreement in addition to and without prejudice to any other remedies, and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
12.5 Should the Client terminate the Agreement at any time prior to the supply of the Goods, the Client must indemnify the Company for any liability, damages, compensation, expenses or costs that may be incurred as a result of any such termination.
Appears in 2 contracts
Sources: General Terms and Conditions of Supply, General Terms and Conditions of Supply
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 19.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 19.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 21.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 21.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 21, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 21.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 17.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 17, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 17.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Sources: Contract, Contractor Agreement
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 16.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 16.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 2 contracts
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half eighteen percent (2.518.0%) per calendar month annum (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment owes the Supplier any money (including outstanding retention monies agreed as part of any invoice when due, the contract) the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, the Supplier’s collection agency costs, and bank dishonour fees). The Supplier shall not supply any other further products or services to the Creditor’s debt collection costs.Customer until all outstanding monies are paid or a suitable payment arrangement has been made
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Supplier may havehave under this contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this agreement.
10.5 15.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or.
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or.
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Sales Terms and Conditions
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at AESG’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of Client owes AESG any invoice when due, money the Customer Client shall indemnify the Creditor AESG from and against all costs and disbursements incurred by the Creditor AESG in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇’s contract default fee, and bank dishonour fees).
20.3 Further to any other rights or remedies AESG may have under this Contract, if a Client has made payment to AESG, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by AESG under this clause 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇▇’s other remedies at law the Creditor AESG shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor AESG shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor AESG becomes overdue, or in the Creditor▇▇▇▇’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by AESG;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at WWS’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Client owes WWS any invoice when due, money the Customer Client shall indemnify the Creditor WWS from and against all costs and disbursements incurred by the Creditor WWS in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, WWS’ contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies WWS may have under this agreement, if the Client has made payment to WWS by credit card, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by WWS under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this agreement.
10.3 15.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s WWS’ other remedies at law the Creditor WWS shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor WWS shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor WWS becomes overdue, or in the Creditor’s WWS’ opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by WWS;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Long Term Hire Agreement
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of Buyer owes the Seller any invoice when due, money the Customer Buyer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 14.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Buyer has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Buyer shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableBuyer’s obligations under this Contract.
10.5 14.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Buyer has exceeded any applicable credit limit provided by the Seller;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Mouldmen’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 12.2 If the Customer defaults in payment of Client owes Mouldmen any invoice when due, money the Customer Client shall indemnify the Creditor Mouldmen from and against all costs and disbursements incurred by the Creditor Mouldmen in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇▇▇▇▇’s contract default fee, and bank dishonour fees).
12.3 Further to any other rights or remedies Mouldmen may have under this contract, if a Client has made payment to Mouldmen, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Mouldmen under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Agreement.
10.3 12.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorMouldmen’s other remedies at law the Creditor Mouldmen shall be entitled to cancel all or any part of any order of the Customer Services to be supplied to the Client which remains unfulfilled and all amounts owing to the Creditor Mouldmen shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Mouldmen becomes overdue, or in the CreditorMouldmen’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by Mouldmen;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 14.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Customer has made payment to the Seller, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 14.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Seller;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Services Agreements
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 22.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 22.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 11.1 Interest on overdue invoices shall may accrue daily from the date when payment becomes due, due daily until the date of payment, payment at a rate of two and one half percent (2.5%) % per calendar month and such interest shall compound monthly may accrue at such a rate after as well as before any judgment.
10.2 11.2 If the Customer Buyer defaults in payment of any invoice when due, the Customer Buyer shall indemnify the Creditor Seller from and against all the Seller’s costs and disbursements incurred by the Creditor in pursuing the debt including legal costs on a solicitor and own client Buyer basis and in addition all of the Creditor’s debt collection costsSeller's nominees' costs of collection.
10.3 11.3 Without prejudice to any other remedies the Creditor Seller may have, if at any time the Customer Buyer is in breach of any obligation (including those relating to payment), the Creditor Seller may suspend or terminate the supply of Goods and/or Services to the Customer Buyer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor Seller will not be liable to the Customer Buyer for any loss or damage the Customer Buyer suffers because the Creditor has Seller exercised its rights under this clause.
10.4 11.4 If any account remains overdue unpaid at the end of the second month after thirty (30) days then an supply of the goods or services, the following shall apply: An immediate amount of the greater of twenty dollars ($20.00) 50.00 or ten percent (10.00%) % of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in 11.5 In the event that;:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall due; or
(b) the Customer Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer, then without prejudice to the Seller’s other remedies at law:
i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
Appears in 1 contract
Sources: Terms and Conditions of Trade
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Unidan’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes Unidan any invoice when due, money the Customer shall indemnify the Creditor Unidan from and against all costs and disbursements incurred by the Creditor Unidan in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ▇▇▇▇▇▇’s contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies Unidan may have under this Contract, if a Customer has made payment to Unidan, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Unidan under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 14.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorUnidan’s other remedies at law the Creditor Unidan shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Unidan shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Unidan becomes overdue, or in the Creditor▇▇▇▇▇▇’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Unidan;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at HFL’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes HFL any invoice when due, money the Customer shall indemnify the Creditor HFL from and against all costs and disbursements incurred by the Creditor HFL in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, HFL’s collection agency costs, and bank dishonour fees).
18.3 Further to any other rights or remedies HFL may have under this Contract, if a Customer has made payment to HFL, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by HFL under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 18.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorHFL’s other remedies at law the Creditor HFL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor HFL shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor HFL becomes overdue, or in the CreditorHFL’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by HFL;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at HMC Group Solutions’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 23.2 If the Customer defaults in payment of Client owes HMC Group Solutions any invoice when due, money the Customer Client shall indemnify the Creditor HMC Group Solutions from and against all costs and disbursements incurred by the Creditor HMC Group Solutions in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, HMC Group Solutions’s contract default fee, and bank dishonour fees).
23.3 Further to any other rights or remedies HMC Group Solutions may have under this Contract, if the Client has made payment to HMC Group Solutions, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by HMC Group Solutions under this clause 23 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 23.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorHMC Group Solutions’s other remedies at law the Creditor HMC Group Solutions shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed and all amounts owing to the Creditor HMC Group Solutions shall, whether or not due for payment, become immediately payable in the event that;:
(a) any money payable to the Creditor HMC Group Solutions becomes overdue, or in the CreditorHMC Group Solutions’s Terms of Hire - V1.0 03/2022 HMC Group Solutions Pty Ltd | 20624155086 opinion the Customer Client will be unable to meet its payments as they fall due; or
(b) the Customer Client has exceeded any applicable credit limit provided by HMC Group Solutions;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at IRL’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes IRL any invoice when due, money the Customer shall indemnify the Creditor IRL from and against all costs and disbursements incurred by the Creditor IRL in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, IRL’s collection agency costs, and bank dishonour fees).
16.3 Further to any other rights or remedies IRL may have under this Contract, if a Customer has made payment to IRL, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by IRL under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorIRL’s other remedies at law the Creditor IRL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor IRL shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor IRL becomes overdue, or in the CreditorIRL’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by IRL;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 Interest 7.1 In the event of any Default the Nexxis shall be entitled to (at its sole discretion and option, and without prejudice to any other remedies Nexxis may have under this Contract, or under law):
(a) treat this Contract as breached and repudiated by the Customer, and with (or without) any notice, accept the repudiation and terminate this Contract; whereupon the Customer shall immediately (at its own cost and expense) return the Goods to Nexxis;
(b) at any time prior to payment in full of the Charges for the Goods, or any other Goods supplied by Nexxis for which payment is outstanding:
(i) suspend or terminate this Contract;
(ii) require the immediate payment of all Charges, in cash, before Delivery (or the performance of any associated services), irrespective of whether or not such are due for payment, or any payment terms previously specified or agreed to between the parties;
(iii) takeover, or repossess, the Goods, and dispose of such, without prejudice to any claim Nexxis may have against the Customer for any damages or loss resulting from any sale or disposal thereof; and/or
(iv) exercise all rights to the Goods as the owner thereof; and/or
(c) charge the Customer interest on any overdue invoices payments, which shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Nexxis’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 If the 7.2 The Customer defaults in payment agrees to indemnify Nexxis, and be responsible for all costs, disbursements, charges and other liabilities incurred by Nexxis as a result of any invoice when dueDefault (including, the Customer shall indemnify the Creditor from and against all costs and disbursements incurred by the Creditor in pursuing the debt including but not limited to, internal administration fees, legal costs on a solicitor and own client basis basis, Nexxis’ contract default fee, and the Creditor’s debt collection costs.
10.3 Without prejudice to any other remedies the Creditor may havebank dishonour fees), if at any time the Customer is in breach or as a result of Nexxis’ enforcement of any obligation (including those relating to payment)term or condition of this Contract, or arising out of or in any way connected with the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount use of the greater of twenty dollars Goods ($20.00) or ten percent (10.00%) of the amount overdue (up subject always to a maximum of two hundred dollars ($200.00clause 6)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in the event that;
(a) any money payable to the Creditor becomes overdue, or in the Creditor’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Sales Agreement
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Services Agreement
Default and Consequences of Default. 10.1 18.1. Should the Customer default in the payment of any statement on due date then all monies due to the Company shall immediately become due and payable and shall be paid by the Customer within seven (7) days of the date of demand.
18.2. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.3. If the Customer defaults in payment of owes the Company any invoice when due, money the Customer shall indemnify the Creditor Company from and against all costs and disbursements incurred by the Creditor Company in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Company’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 18.4. Without prejudice to any other remedies the Creditor Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), ) under these Terms and Conditions the Creditor Company may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditionsCustomer. The Customer acknowledges and agrees that the Creditor Company will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor Company has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 18.5. Without prejudice to the CreditorCompany’s other remedies at law the Creditor Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Company shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Company becomes overdue, or in the CreditorCompany’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Terms and Conditions of Trade
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 14.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 14.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Supplier;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Casafico’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 21.2 If the Customer defaults in payment of owes Casafico any invoice when due, money the Customer shall indemnify the Creditor Casafico from and against all costs and disbursements incurred by the Creditor Casafico in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Casafico’s contract default fee, and bank dishonour fees).
21.3 Further to any other rights or remedies Casafico may have under this Contract, if a Customer has made payment to Casafico, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Casafico under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 21.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorCasafico’s other remedies at law the Creditor Casafico shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Casafico shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Casafico becomes overdue, or in the CreditorCasafico’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Casafico;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at B&B Timbers’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes B&B Timbers any invoice when due, money the Customer shall indemnify the Creditor B&B Timbers from and against all costs and disbursements incurred by the Creditor B&B Timbers in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, B&B Timbers’ contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies B&B Timbers may have under this Contract, if a Customer has made payment to B&B Timbers by credit card, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by B&B Timbers under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 14.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s B&B Timbers’ other remedies at law the Creditor B&B Timbers shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor B&B Timbers shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor B&B Timbers becomes overdue, or in the Creditor’s B&B Timbers’ opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Archiclad’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of owes Archiclad any invoice when due, money the Customer shall indemnify the Creditor Archiclad from and against all costs and disbursements incurred by the Creditor Archiclad in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Archiclad’s contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies Archiclad may have under this Contract, if a Customer has made payment to Archiclad, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Archiclad under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 15.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorArchiclad’s other remedies at law the Creditor Archiclad shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Archiclad shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Archiclad becomes overdue, or in the CreditorArchiclad’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Archiclad;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Protrade’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of owes Protrade any invoice when due, money the Customer shall indemnify the Creditor Protrade from and against all costs and disbursements incurred by the Creditor Protrade in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Protrade’s collection agency costs, and bank dishonour fees).
15.3 Further to any other rights or remedies Protrade may have under this Contract, if a Customer has made payment to Protrade, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Protrade under this clause 15, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 15.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇▇▇▇▇▇’s other remedies at law the Creditor Protrade shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Protrade shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Protrade becomes overdue, or in the CreditorProtrade’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Protrade;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at SSE’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of owes SSE any invoice when due, money the Customer shall indemnify the Creditor SSE from and against all costs and disbursements incurred by the Creditor SSE in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, SSE’s contract default fee, and bank dishonour fees).
22.3 Further to any other rights or remedies SSE may have under this Contract, if a Customer has made payment to SSE, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by SSE under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 22.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorSSE’s other remedies at law the Creditor SSE shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor SSE shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor SSE becomes overdue, or in the CreditorSSE’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by SSE;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at AEL’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of owes AEL any invoice when due, money the Customer shall indemnify the Creditor AEL from and against all costs and disbursements incurred by the Creditor AEL in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, AEL’s collection agency costs, and bank dishonour fees).
20.3 Further to any other rights or remedies AEL may have under this Contract, if a Customer has made payment to AEL, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by AEL under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorAEL’s other remedies at law the Creditor AEL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor AEL shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor AEL becomes overdue, or in the CreditorAEL’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by AEL;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify Indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Customer has made payment to the Seller, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Seller;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 Interest on overdue invoices 6.1 In the event that the Customer fails to make any payment when due then, without prejudice to the application of any other provision contained in these Terms and Conditions or to any other remedy provided for by these Terms or Conditions or otherwise, interest shall accrue daily on the amount of the overdue payment at the rate of fifteen percent (15%) per annum calculated from the date when payment becomes was due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
10.2 6.2 In such an event, the Company shall have the right to withhold the supply of Goods and/or Services and to cancel all outstanding orders and retain any payments already made.
6.3 No cheque will be treated as payment if dishonoured despite the issue of a receipt. The Customer will be responsible for any charge or fee issued to the Company for any cheques not met on presentation.
6.4 If the Customer defaults in fails to make any payment of any invoice when due, the Customer shall indemnify the Creditor Company from and against all costs and disbursements incurred by the Creditor Company in pursuing the debt including legal costs on a solicitor and own client basis and the Creditor’s debt and/or collection agency costs.
10.3 6.5 Without prejudice to any other remedies the Creditor Company may have, if at any time the Customer is in breach of any obligation (including those relating related to payment), the Creditor Company may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms these Terms and conditionsConditions. The Customer acknowledges and agrees that the Creditor Company will not be liable to the Customer for any loss or damage Loss the Customer suffers because the Creditor Company has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 6.6 Without prejudice to the Creditor’s any other remedies which the Company may have at law or in equity, the Creditor Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Company shall, whether or not due for paymentand payable, become immediately payable in the event that;:
(a) any 6.6.1 Any money payable to the Creditor Company becomes overdue, or in the CreditorCompany’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the 6.6.2 The Customer becomes insolvent, convenes a meeting with its creditors or proposes to or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a 6.6.3 A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Default and Consequences of Default. 10.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 13.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 13.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Customer has made payment to the Seller, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 13 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 13.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Seller;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
16.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Services to the Client. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.
16.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any money paid by the Client for the Services. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.3 In the event that the Client cancels delivery of the Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Supplier;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Supply Agreement
Default and Consequences of Default. 10.1 (a) If the Customer defaults on or breaches any term of this Agreement, then Sitesec shall have the right at its sole and absolute discretion, to do any of the following:
(i) Terminate this Agreement with immediate effect;
(ii) Charge interest on any outstanding amount at the Overdue Interest Rate, which shall accrue daily from the date when payment is due until the date that payment is made;
(iii) Enter upon the Site and take possession of the Equipment;
(iv) Issue a notice in writing on the Customer to remedy the default within 5 business days of such notice and if is not remedied, Sitesec may enforce any other rights under this clause;
(v) Take any step or action contemplated in accordance with the terms of this Agreement including steps to recover any unpaid goods or materials from the Customer;
(vi) Appoint a debt collector and/or solicitor to commence recovery action against the Customer, in which case the Customer must pay to Sitesec all costs and expenses incurred by the Sitesec in taking such action (including legal fees on a full indemnity basis) and/or
(vii) Pursue the Customer or Guarantor for the recovery of any amounts owed by the Customer to Sitesec.
(b) If Sitesec defaults or breaches any substantial term of this Agreement, then the Customer must give a written notice to Sitesec describing any alleged breach and stating the Customer’s intention to terminate the Contract within 14 days after receipt of the notice. If ▇▇▇▇▇▇▇ thereafter fails to remedy the breach within the time stated in the notice, then the Customer may terminate the Contract by written notice to Sitesec.
(c) Upon termination of this Agreement, the Customer must:
(i) Make immediate payment of all amounts for:
(A) Hire Fees and Associated Fees incurred under this Agreement as at the date of termination; and
(B) Goods or materials ordered, supplied, delivered or otherwise sourced by Sitesec under this Agreement.
(ii) Immediately deliver up or make available to Sitesec the Equipment plus any materials or goods in the Customer’s possession which remain the property of Sitesec.
(d) Upon termination of this Agreement, the Agreement shall:
(i) Be at an end as to its future operation, save and except for the enforcement of any right, claim or interest that arises on, before or as a result of the termination; and
(ii) For the avoidance of doubt, no act of termination shall limit or prevent Sitesec from enforcing any right to recover any materials or goods, any amount owed or enforce any security interests that Sitesec has as a result of the Agreement.
(e) Interest on overdue invoices shall accrue accrues daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent ten (2.510%) per calendar month (and at Sitesec’s sole discretion, such interest shall will compound monthly at such a rate rate) after as well as before any judgment.
10.2 (f) If the Customer defaults in payment of owes Sitesec any invoice when duemoney, the Customer shall must indemnify the Creditor Sitesec from and against all costs and disbursements incurred by the Creditor Sitesec in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, Sitesec’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 (g) Without prejudice to any other remedies the Creditor Sitesec may have, if at any time the Customer is in breach of any obligation (including those relating to payment)) under these Terms, the Creditor Sitesec may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditionsCustomer. The Customer acknowledges and agrees that the Creditor Sitesec will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor Sitesec has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30h) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorSitesec’s other remedies at law the Creditor shall be Sitesec is entitled to cancel all or any part of any order of the Services to the Customer which remains remain unfulfilled and all amounts owing to the Creditor shallSitesec, whether or not due for payment, become immediately payable in the event that;if:
(ai) any money payable to the Creditor Sitesec becomes overdue, or in the CreditorSitesec’s opinion opinion, the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(bii) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(ciii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Terms and Conditions of Services
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Vendor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of Purchaser owes the Vendor any invoice when due, money the Customer Purchaser shall indemnify the Creditor Vendor from and against all costs and disbursements incurred by the Creditor Vendor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Vendor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 18.3 Without prejudice to any other remedies the Creditor Vendor may have, if at any time the Customer Purchaser is in breach of any obligation (including those relating to payment), ) under these terms and conditions the Creditor Vendor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditionsPurchaser. The Customer acknowledges and agrees that the Creditor Vendor will not be liable to the Customer Purchaser for any loss or damage the Customer Purchaser suffers because the Creditor Vendor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 18.4 Without prejudice to the CreditorVendor’s other remedies at law the Creditor Vendor shall be entitled to cancel all or any part of any order of the Customer Purchaser which remains unfulfilled and all amounts owing to the Creditor Vendor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Vendor becomes overdue, or in the CreditorVendor’s opinion the Customer Purchaser will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Purchaser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Purchaser or any asset of the CustomerthePurchaser.
Appears in 1 contract
Sources: Vendor and Supplier Contracts
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at WBL’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes WBL any invoice when due, money the Customer shall indemnify the Creditor WBL from and against all costs and disbursements incurred by the Creditor WBL in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, WBL’s collection agency costs, and bank dishonour fees).
16.3 Further to any other rights or remedies WBL may have under this Contract, if a Customer has made payment to WBL, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by WBL under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorWBL’s other remedies at law the Creditor WBL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor WBL shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor WBL becomes overdue, or in the CreditorWBL’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by WBL;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, due daily until the date of payment, payment at a rate of two and one half percent (2.5%) % per calendar month and such interest shall compound monthly accrue at such a rate after as well as before any judgment.
10.2 12.2 If the Customer Buyer defaults in payment of any invoice when due, the Customer Buyer shall indemnify the Creditor Seller from and against all the entire Seller’s costs and disbursements incurred by the Creditor in pursuing the debt including legal costs on a solicitor and own client basis and in addition all of the Creditor’s debt collection costsSellers nominees costs of collection.
10.3 12.3 Without prejudice to any other remedies the Creditor Seller may have, if at any time the Customer Buyer is in breach of any obligation (including those relating to payment), ; the Creditor Seller may suspend or terminate the supply of Goods and/or Services to the Customer Buyer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor Seller will not be liable to the Customer Buyer for any loss or damage the Customer Buyer suffers because the Creditor has Seller exercised its rights under this clause.
10.4 12.4 If any account remains overdue unpaid at the end of the second month after thirty (30) days then an supply of the goods or services the following shall apply: An immediate amount of the greater of twenty dollars ($20.00) 50.00 or ten percent (10.00%) % of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor shall, whether or not due for payment, become immediately payable in 12.5 In the event that;:
(a) any money payable to the Creditor Seller becomes overdue, or in the Creditor’s Sellers opinion the Customer Buyer will be unable to meet its to payments as they fall due; or
(b) the Customer Buyer becomes insolventInsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer; then without prejudice to the Seller’s other remedies at law
(i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
Appears in 1 contract
Sources: Credit Application Agreement
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at WPC’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of Client owes WPC any invoice when due, money the Customer Client shall indemnify the Creditor WPC from and against all costs and disbursements incurred by the Creditor WPC in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, WPC’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies WPC may have under this Contract, if a Client has made payment to WPC, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by WPC under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorWPC’s other remedies at law the Creditor WPC shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor WPC shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor WPC becomes overdue, or in the CreditorWPC’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by WPC;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Construction Contract
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Customvac’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes Customvac any invoice when due, money the Customer shall indemnify the Creditor Customvac from and against all costs and disbursements incurred by the Creditor Customvac in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Customvac’s collection agency costs, and bank dishonour fees).
14.3 Further to any other rights or remedies Customvac may have under this Contract, if a Customer has made payment to Customvac, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Customvac under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 14.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorCustomvac’s other remedies at law the Creditor Customvac shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Customvac shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Customvac becomes overdue, or in the CreditorCustomvac’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Customvac;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Packserv’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of Client owes Packserv any invoice when due, money the Customer Client shall indemnify the Creditor Packserv from and against all costs and disbursements incurred by the Creditor Packserv in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Packserv’s contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies Packserv may have under this Contract, if the Client has made payment to Packserv, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Packserv under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 15.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorPackserv’s other remedies at law the Creditor Packserv shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed and all amounts owing to the Creditor Packserv shall, whether or not due for payment, become immediately payable in the event that;:
(a) any money payable to the Creditor Packserv becomes overdue, or in the CreditorPackserv’s opinion the Customer Client will be unable to meet its payments as they fall due; or
(b) the Customer Client has exceeded any applicable credit limit provided by Packserv;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at ZEN Energy’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of Client owes ZEN Energy any invoice when due, money the Customer Client shall indemnify the Creditor ZEN Energy from and against all costs and disbursements incurred by the Creditor ZEN Energy in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, ZEN Energy’s collection agency costs, and bank dishonour fees).
20.3 Further to any other rights or remedies ZEN Energy may have under this Contract, if a Client has made payment to ZEN Energy, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ZEN Energy under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorZEN Energy’s other remedies at law the Creditor ZEN Energy shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor ZEN Energy shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor ZEN Energy becomes overdue, or in the CreditorZEN Energy’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by ZEN Energy;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Agent’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 15.2 If the Customer defaults in payment of owes the Agent any invoice when duemoney, the Customer shall indemnify the Creditor Agent from and against all costs and disbursements incurred by the Creditor Agent in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Agent’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 15.3 Further to any other rights or remedies the Creditor Agent may havehave under this Contract, if at any time a Customer has made payment to the Agent, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Agent under this clause 15, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 15.4 Without prejudice to the CreditorAgent’s other remedies at law law, the Creditor Agent shall be entitled to cancel all all, or any part part, of any order of the Customer which remains unfulfilled unfulfilled, and all amounts owing to the Creditor Agent shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Agent becomes overdue, or in the CreditorAgent’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Agent;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at TMF’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of owes TMF any invoice when due, money the Customer shall indemnify the Creditor TMF from and against all costs and disbursements incurred by the Creditor TMF in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, TMF’s contract default fee, and bank dishonour fees).
17.3 Further to any other rights or remedies TMF may have under this Contract, if a Customer has made payment to TMF, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by TMF under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 17.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorTMF’s other remedies at law the Creditor TMF shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor TMF shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor TMF becomes overdue, or in the CreditorTMF’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by TMF;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Project Stone’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes Project Stone any invoice when due, money the Customer shall indemnify the Creditor Project Stone from and against all costs and disbursements incurred by the Creditor Project Stone in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, Project Stone’s contract default fee, and bank dishonour fees).
18.3 Further to any other rights or remedies Project Stone may have under this Contract, if a Customer has made payment to Project Stone, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Project Stone under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 18.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorProject Stone’s other remedies at law the Creditor Project Stone shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Project Stone shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Project Stone becomes overdue, or in the CreditorProject Stone’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Project Stone;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at RAL’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of owes RAL any invoice when due, money the Customer shall indemnify the Creditor RAL from and against all costs and disbursements incurred by the Creditor RAL in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, RAL’s collection agency costs, and bank dishonour fees).
20.3 Further to any other rights or remedies RAL may have under this Contract, if a Customer has made payment to RAL, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by RAL under this clause 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor▇▇▇’s other remedies at law the Creditor RAL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor RAL shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor RAL becomes overdue, or in the Creditor▇▇▇’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by RAL;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of Buyer owes the Seller any invoice when due, money the Customer Buyer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 16.3 Further to any other rights or remedies the Creditor Seller may havehave under this Agreement, if at any time a Buyer has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Buyer shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableBuyer’s obligations under this Agreement.
10.5 16.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Buyer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Buyer has exceeded any applicable credit limit provided by the Seller;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer.
Appears in 1 contract
Sources: Terms & Conditions of Trade
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Supplier;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Services Agreements
Default and Consequences of Default. 10.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 13.2 If the Customer defaults in payment of Buyer owes the Supplier any invoice when due, money the Customer Buyer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 13.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Buyer has made payment to the Customer Supplier, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Buyer shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 13 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableBuyer’s obligations under this Contract.
10.5 13.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer Buyer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Buyer has exceeded any applicable credit limit provided by the Supplier;
(c) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Buyer or any asset of the CustomerBuyer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Burnback’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of owes Burnback any invoice when due, money the Customer shall indemnify the Creditor Burnback from and against all costs and disbursements incurred by the Creditor Burnback in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Burnback’s contract default fee, and bank dishonour fees).
17.3 Further to any other rights or remedies Burnback may have under this Contract, if a Customer has made payment to Burnback, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Burnback under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 17.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorBurnback’s other remedies at law the Creditor Burnback shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Burnback shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Burnback becomes overdue, or in the CreditorBurnback’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Burnback;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at MCS’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of owes MCS any invoice when due, money the Customer shall indemnify the Creditor MCS from and against all costs and disbursements incurred by the Creditor MCS in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, MCS’ contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 17.3 Without prejudice to any other remedies the Creditor MCS may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor ) under these terms and conditions MCS may suspend or terminate the supply of Goods and/or Services Works to the Customer and any of its other obligations under the terms and conditionsCustomer. The Customer acknowledges and agrees that the Creditor MCS will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor MCS has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 17.4 Without prejudice to the Creditor’s MCS’ other remedies at law the Creditor MCS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor MCS shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor MCS becomes overdue, or in the Creditor’s MCS’ opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by MCS;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Agent’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 21.2 If the Customer defaults in payment of Client owes the Agent any invoice when due, money the Customer Client shall indemnify the Creditor Agent from and against all costs and disbursements incurred by the Creditor Agent in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Agent’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 21.3 Further to any other rights or remedies the Creditor Agent may havehave under this Contract, if at any time a Client has made payment to the Customer Agent, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Agent under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 21.4 Without prejudice to the CreditorAgent’s other remedies at law the Creditor Agent shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Agent shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Agent becomes overdue, or in the CreditorAgent’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Agent;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices amounts (whether the Fee or Commission) shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 If 12.2 In the Customer defaults in payment event of any invoice when duedefault by the Lessee and/or Lessor, the Customer defaulting party shall indemnify the Creditor from and against be liable for all costs and disbursements incurred by for the Creditor in pursuing recovery of the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, collection agency costs, and bank dishonour fees).
12.3 Further to any other rights or remedies Bull Man may have under this Contract, if a Lessee and/or Lessor has made payment to Bull Man, and the Creditortransaction is terminated, the Lessee and/or Lessor shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Bull Man under this clause 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Lessee and/or Lessor’s debt collection costsobligations under this Contract.
10.3 12.4 Without prejudice to any other remedies the Creditor may have, at law:
(a) if at any time the Customer Lessor and/or Lessee is in breach of any obligation (including those relating to payment)) under this Contract, Bull Man may (as an agent for the Creditor may suspend or affected party) notify the parties of the Breach and require remedy within 14 days and if remain unremedied can terminate the supply of Goods and/or Services to Contract. Bull Man and the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor affected party will not be liable to the Customer for any loss or damage suffered by the Customer suffers because defaulting party due to exercising the Creditor has exercised its rights under right to enforce this clause.
10.4 If any account remains overdue after thirty (30b) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor Bull Man shall be entitled to cancel terminate all or any part of any order of the Customer Contract which remains unfulfilled and all amounts owing to the Creditor Bull Man shall, whether or not due for payment, become immediately payable in the event that;if:
(ai) any money payable to the Creditor becomes overdue, or in the CreditorBull Man’s opinion the Customer defaulting party will be unable to meet its payments as they fall make a payment when it falls due; or;
(bii) the Customer defaulting party becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(ciii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer defaulting party or any asset of the Customerdefaulting party.
12.5 Upon termination of this Contract, the Lessee will immediately return all Livestock owned by the Lessor to the Lessor’s Return Address at the Lessee’s sole cost.
Appears in 1 contract
Sources: Livestock Lease Agreement
Default and Consequences of Default. 10.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at LEAP’S sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 24.2 If the Customer defaults in payment of Client owes LEAP any invoice when due, money the Customer Client shall indemnify the Creditor LEAP from and against all costs and disbursements incurred by the Creditor LEAP in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, LEAP’S Contract default fees, and bank dishonour fees).
24.3 Further to any other rights or remedies LEAP may have under this Contract, if the Client has made payment to LEAP by credit card, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by LEAP under this clause 24 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 24.4 Without prejudice to any other remedies the Creditor LEAP may have, if at any time the Customer Client is in breach of any obligation (including those relating to payment and/or where the Client fails to cooperate with LEAP or hinders LEAP’S ability to provide the Services hereunder) under these terms and conditions LEAP may suspend the provision of Services to the Client or terminate this Contract. LEAP will not be liable to the Client for any loss or damage the Client suffers because LEAP has exercised its rights under this clause.
24.5 Without prejudice to any other remedies LEAP may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations ) under the these terms and conditions. The Customer acknowledges and agrees that the Creditor will not be conditions LEAP may, at their sole discretion (without being liable to the Customer Client for any loss or damage the Customer Client suffers because the Creditor LEAP has exercised its rights under this clause):
(a) suspend or terminate this Contract and/or any of the Services without notice or refund;
(b) make an additional charge to the Client; or
(c) block access to any part of the Services (including but not limited to, restricting the publics and/or Client’s access to the website, withholding domain codes, passwords and Goods or removing the Web Site from the web entirely and/or supply of Services in respect any phone system.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 24.6 Without prejudice to the Creditor’s LEAP’S other remedies at law the Creditor LEAP shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor LEAP shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor LEAP becomes overdue, or in the Creditor’s LEAP’S opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by LEAP;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 17.2 If the Customer defaults in payment of owes the Supplier any invoice when due, money the Customer shall indemnify the Creditor Supplier from and against all costs and disbursements incurred by the Creditor Supplier in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, the Supplier’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 17.3 Further to any other rights or remedies the Creditor Supplier may havehave under this Contract, if at any time a Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Supplier under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 17.4 Without prejudice to the CreditorSupplier’s other remedies at law the Creditor Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Supplier shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Supplier becomes overdue, or in the CreditorSupplier’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Supplier;
(c) the Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Supply Agreement
Default and Consequences of Default. 10.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at MFM’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 20.2 If the Customer defaults in payment of owes MFM any invoice when due, money the Customer shall indemnify the Creditor MFM from and against all costs and disbursements incurred by the Creditor MFM in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, MFM’s collection agency costs, and bank dishonour fees).
20.3 Further to any other rights or remedies MFM may have under this Contract, if a Customer has made payment to MFM, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MFM under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 20.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorMFM’s other remedies at law the Creditor MFM shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor MFM shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any Any money payable to the Creditor MFM becomes overdue, or in the CreditorMFM’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the The Customer has exceeded any applicable credit limit provided by MFM;
(c) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s contract default fee, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 18.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Customer has made payment to the Seller, and the transaction is subsequently reversed, the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableCustomer’s obligations under this Contract.
10.5 18.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by the Seller;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at JSW’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 18.2 If the Customer defaults in payment of owes JSW any invoice when due, money the Customer shall indemnify the Creditor JSW from and against all costs and disbursements incurred by the Creditor JSW in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, JSW’s contract default fee, and bank dishonour fees).
18.3 Further to any other rights or remedies JSW may have under this Contract, if a Customer has made payment to JSW, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by JSW under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 18.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorJSW’s other remedies at law the Creditor JSW shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor JSW shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor JSW becomes overdue, or in the CreditorJSW’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by JSW;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 22.2 If the Customer defaults in payment of Client owes the Seller any invoice when due, money the Customer Client shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 22.3 Further to any other rights or remedies the Creditor Seller may havehave under this Contract, if at any time a Client has made payment to the Customer Seller, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Seller under this clause 22, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 22.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Seller;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 23.2 If the Customer defaults in payment of Client owes the Contractor any invoice when due, money the Customer Client shall indemnify the Creditor Contractor from and against all costs and disbursements incurred by the Creditor Contractor in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Contractor’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 Without prejudice 23.3 Further to any other rights or remedies the Creditor Contractor may havehave under this Contract, if at any time a Client has made payment to the Customer Contractor, and the transaction is in breach of any obligation (including those relating to payment)subsequently reversed, the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not Client shall be liable to for the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) reversed transaction, in addition to any further costs incurred by the Contractor under this clause 23, where it can be proven that such reversal is found to be illegal, fraudulent or ten percent (10.00%) of in contravention to the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payableClient’s obligations under this Contract.
10.5 23.4 Without prejudice to the CreditorContractor’s other remedies at law the Creditor Contractor shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Contractor shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Contractor becomes overdue, or in the CreditorContractor’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Service King’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes Service King any invoice when due, money the Customer shall indemnify the Creditor Service King from and against all costs and disbursements incurred by the Creditor Service King in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Service King’s collection agency costs, and bank dishonour fees).
16.3 Further to any other rights or remedies Service King may have under this Contract, if a Customer has made payment to Service King, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Service King under this clause 16, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorService King’s other remedies at law the Creditor Service King shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Service King shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Service King becomes overdue, or in the CreditorService King’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by Service King;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at TDD’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of owes TDD any invoice when due, money the Customer shall indemnify the Creditor TDD from and against all costs and disbursements incurred by the Creditor TDD in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis Customer basis, TDD’s collection agency costs, and bank dishonour fees).
19.3 Further to any other rights or remedies TDD may have under this Contract, if a Customer has made payment to TDD, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by TDD under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 19.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorTDD’s other remedies at law the Creditor TDD shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor TDD shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor TDD becomes overdue, or in the CreditorTDD’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by TDD;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 11.1 Interest on overdue invoices shall accrue daily from the date when the payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 11.2 If the Customer defaults in payment of Hirer owes the Owner any invoice when due, money the Customer Hirer shall indemnify the Creditor Owner from and against all costs and disbursements incurred by the Creditor Owner in pursuing recovering the debt (including but not limited to legal costs on a solicitor and own client basis and the Creditor’s debt collection costsbasis).
10.3 Without prejudice 11.3 Unless otherwise agreed to between the parties, any other remedies monies received from the Creditor may have, if at any time the Customer is Hirer shall be applied firstly in breach reduction of any obligation (including those relating to payment)outstanding Charges and interest, and secondly on account of any Charges for the Creditor may suspend or terminate hire of the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clauseCabin.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 11.4 Without prejudice to the CreditorOwner’s other remedies at law the Creditor Owner shall be entitled to collect any Cabin on hire to the Hirer, cancel all or any part of any order of the Customer Hirer which remains unfulfilled and all amounts owing to the Creditor Owner shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Owner becomes overdue, or in the CreditorOwner’s opinion the Customer Hirer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Hirer has exceeded any applicable credit limit provided by the Owner;
(c) the Hirer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or;
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Hirer or any asset of the CustomerHirer; or
(e) the Hirer otherwise breaches any term of this Contract. The Owner will not be liable for any loss or damage the Hirer suffers because the Owner has exercised its rights under this clause.
11.5 The Owner shall be entitled to cancel the Contract if the Owner:
(a) reasonably believes that a third party may attempt to take possession of the Cabin;
(b) considers the Cabin is otherwise at risk.
Appears in 1 contract
Sources: Cabin Hire Contract
Default and Consequences of Default. 10.1 12.1. Where an invoice has remained unpaid for 7 days, a reminder will be sent to the Client, in writing, and an administration fee of $100.00 (exclusive of GST) will be charged to the Client.
12.2. If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged and the Client agrees to indemnify ARC for any reasonable collection costs (in accordance with clause 12.3 and clause 12 herein).
12.3. Interest on overdue invoices shall accrue daily from the date when that payment becomes was due, until the date of payment, at a rate of two and one half eight percent (2.58%) per calendar month and such interest shall compound monthly at such a rate annum pro rata, after as well as before any judgment.
10.2 12.4. If the Customer defaults in payment of Client owes ARC any invoice when due, money the Customer Client shall indemnify the Creditor ARC from and against all costs and disbursements incurred by the Creditor ARC in pursuing recovering the debt (including but not limited to collection fees, legal costs on a solicitor and own client basis basis, ARC’s contract default fee, Court or any other institution filing fees and the Creditor’s debt collection costsbank dishonour fees).
10.3 12.5. Without prejudice to any other remedies the Creditor ARC may have, if at any time the Customer Client is in breach of any obligation (including those relating to payment), the Creditor ) under this Agreement ARC may suspend or terminate the supply of Goods and/or Services Service to the Customer and any of its other obligations under the terms and conditionsClient. The Customer acknowledges and agrees that the Creditor ARC will not be liable to the Customer Client for any loss or damage the Customer Client suffers because the Creditor ARC has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 12.6. Without prejudice to the Creditor’s ARC other remedies at law the Creditor ARC shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor ARC shall, whether or not due for payment, become immediately payable in the event that;if:
(a) 12.6.1. any money payable to the Creditor ARC becomes overdue, or in the Creditor▇▇▇’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) 12.6.2. the Customer Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) 12.6.3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at Portcullis’ sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of Client owes Portcullis any invoice when due, money the Customer Client shall indemnify the Creditor Portcullis from and against all costs and disbursements incurred by the Creditor Portcullis in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, Portcullis’ contract default fee, and bank dishonour fees).
19.3 Further to any other rights or remedies Portcullis may have under this Contract, if a Client has made payment to Portcullis, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Portcullis under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 19.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s Portcullis’ other remedies at law the Creditor Portcullis shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor Portcullis shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Portcullis becomes overdue, or in the Creditor’s Portcullis’ opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by Portcullis;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at MNE’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 19.2 If the Customer defaults in payment of Client owes MNE any invoice when due, money the Customer Client shall indemnify the Creditor MNE from and against all costs and disbursements incurred by the Creditor MNE in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, MNE’s contract default fee, and bank dishonour fees).
19.3 Further to any other rights or remedies MNE may have under this Contract, if a Client has made payment to MNE, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MNE under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 19.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorMNE’s other remedies at law the Creditor MNE shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to the Creditor MNE shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor MNE becomes overdue, or in the CreditorMNE’s opinion the Customer Client will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer Client has exceeded any applicable credit limit provided by MNE;
(c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 12.1 Interest on overdue invoices amounts (whether the Fee or Commission) shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 If 12.2 In the Customer defaults in payment event of any invoice when duedefault by the Lessee and/or Lessor, the Customer defaulting party shall indemnify the Creditor from and against be liable for all costs and disbursements incurred by for the Creditor in pursuing recovery of the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, collection agency costs, and bank dishonour fees).
12.3 Further to any other rights or remedies Bull Man may have under this Contract, if a Lessee and/or Lessor has made payment to Bull Man, and the Creditortransaction is terminated, the Lessee and/or Lessor shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Bull Man under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Lessee and/or Lessor’s debt collection costsobligations under this Contract.
10.3 12.4 Without prejudice to any other remedies the Creditor may have, at law:
(a) if at any time the Customer Lessor and/or Lessee is in breach of any obligation (including those relating to payment)) under this Contract, Bull Man may (as an agent for the Creditor may suspend or affected party) notify the parties of the breach and require remedy within 14 days and if the breach remains unremedied can terminate the supply of Goods and/or Services to Contract. Bull Man and the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor affected party will not be liable to the Customer for any loss or damage suffered by the Customer suffers because defaulting party due to exercising the Creditor has exercised its rights under right to enforce this clause.
10.4 If any account remains overdue after thirty (30b) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Creditor’s other remedies at law the Creditor Bull Man shall be entitled to cancel terminate all or any part of any order of the Customer Contract which remains unfulfilled and all amounts owing to the Creditor Bull Man shall, whether or not due for payment, become immediately payable in the event that;if:
(ai) any money payable to the Creditor becomes overdue, or in the CreditorBull Man’s opinion the Customer defaulting party will be unable to meet its payments as they fall make a payment when it falls due; or;
(bii) the Customer defaulting party becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(ciii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer defaulting party or any asset of the Customerdefaulting party.
12.5 Upon termination of this Contract, the Lessee will immediately return all Livestock owned by the Lessor to the Lessor’s Return Address at the Lessee’s sole cost.
Appears in 1 contract
Sources: Livestock Lease Agreement
Default and Consequences of Default. 10.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at MHS’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 14.2 If the Customer defaults in payment of owes MHS any invoice when due, money the Customer shall indemnify the Creditor MHS from and against all costs and disbursements incurred by the Creditor MHS in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, MHS’s contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies MHS may have under this Contract, if a Customer has made payment to MHS, and the Creditortransaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MHS under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s debt collection costsobligations under this Contract.
10.3 14.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorMHS’s other remedies at law the Creditor MHS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor MHS shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor MHS becomes overdue, or in the CreditorMHS’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer has exceeded any applicable credit limit provided by MHS;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of owes the Seller any invoice when due, money the Customer shall indemnify the Creditor Seller from and against all costs and disbursements incurred by the Creditor Seller in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, the Seller’s collection agency costs, and the Creditor’s debt collection costsbank dishonour fees).
10.3 16.3 Without prejudice to any other remedies the Creditor Seller may have, if at any time the Customer is in breach of any obligation (including those relating to payment)) under these terms and conditions the Seller may, the Creditor may at their sole discretion:
(a) suspend or terminate this agreement and/or any of the supply of Goods Goods, Services and/or Services Equipment without notice or refund;
(b) make an additional charge to the Customer and Customer; or
(c) block access to any part of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clauseGoods, Services and/or Equipment.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 16.4 Without prejudice to the CreditorSeller’s other remedies at law the Creditor Seller shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Creditor Seller shall, whether or not due for payment, become immediately payable in the event that;if:
(a) any money payable to the Creditor Seller becomes overdue, or in the CreditorSeller’s opinion the Customer will be unable to meet its payments as they fall make a payment when it falls due; or;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
16.5 The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller has exercised its rights under this clause 16.
Appears in 1 contract
Sources: Services Agreements
Default and Consequences of Default. 10.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at RJA’s sole discretion such interest shall compound monthly at such a rate rate) after as well as before any judgment.
10.2 16.2 If the Customer defaults in payment of Client owes RJA any invoice when due, money the Customer Client shall indemnify the Creditor RJA from and against all costs and disbursements incurred by the Creditor RJA in pursuing recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis basis, RJA’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies RJA may have under this Contract, if the Client has made payment to RJA, and the Creditortransaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by RJA under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s debt collection costsobligations under this Contract.
10.3 16.4 Without prejudice to any other remedies the Creditor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this clause.
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the CreditorRJA’s other remedies at law the Creditor RJA shall be entitled to cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed and all amounts owing to the Creditor RJA shall, whether or not due for payment, become immediately payable in the event that;:
(a) any money payable to the Creditor RJA becomes overdue, or in the CreditorRJA’s opinion the Customer Client will be unable to meet its payments as they fall due; or
(b) the Customer Client has exceeded any applicable credit limit provided by RJA;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(cd) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient.
Appears in 1 contract
Sources: Service Agreement