Common use of Default by Customer Clause in Contracts

Default by Customer. 15.1 In the event of: a) any default or failure by the Customer in making due and punctual payment to the Supplier of any moneys owing by the Customer: b) an administrator, liquidator or provisional liquidator is appointed in respect of the Customer: c) a receiver and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customer; d) the Customer goes into bankruptcy or is wound up; e) the Customer becomes, admits in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due; f) there is a breach by the Customer of any of these Terms; g) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional Material, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, without prejudice to any other rights it may have, do any or all of the following: (1) withdraw any credit facilities which may have been extended to the Customer; (2) withhold any further deliveries of Goods; (3) in respect of Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods; (4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery; (5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the Customer, and the Price shall become the Supplier’s standard Price as at the date of the original sale; and/or (6) cease to supply Goods and/or Services to the Customer.

Default by Customer. 15.1 In (a) Each of the following occurrences constitutes an event ofof default: a(i) the Customer breaches or is alleged to have breached these Terms of Trade for any default or failure reason (including, but not limited to, defaulting on any payment due under these Terms of Trade) and fails to remedy that breach within 14 days of being given notice by the Customer in making due and punctual payment Supplier to the Supplier of any moneys owing by do so; (ii) the Customer, being a natural person, commits an act of bankruptcy; (iii) the Customer, being a corporation, is subject to: b) a. a petition being presented, an administratororder being made or a meeting being called to consider a resolution for the Customer to be wound up, liquidator deregistered or provisional liquidator is dissolved; b. a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations ▇▇▇ ▇▇▇▇ being appointed in respect to all or any part of the Customer: c) a receiver 's property and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customerundertaking; dc. the entering of a scheme of arrangement (other than for the purpose of restructuring); and d. any assignment for the benefit of creditors; (iv) the Customer goes into bankruptcy or is wound up;purports to assign its rights under these Terms of Trade without the Supplier's prior written consent; or e(v) the Customer becomesceases or threatens to cease conduct of its business in the normal manner. (b) Where an event of default occurs, admits except where payment in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due; f) there is a breach full has been received by the Customer of any of these Terms; g) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional MaterialSupplier, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, without prejudice to any other rights it may have, do : (i) terminate these Terms of Trade; (ii) terminate any or all of the following: Orders and credit arrangements (1if any) withdraw any credit facilities which may have been extended to with the Customer; (2iii) withhold any refuse to deliver Goods or provide further deliveries of GoodsServices; (3iv) in respect of pursuant to clause 9(c), repossess and re-sell any Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods; (4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery; (5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the Customer, and the Price shall become the Supplier’s standard Price as at the date of the original salepayment for which has not been received; and/oror (6v) cease retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise. (c) In addition to supply Goods and/or Services any action permitted to be taken by the CustomerSupplier under paragraph 12(b), on the occurrence of an event of default all invoices will become immediately due and payable.

Default by Customer. 15.1 In (a) Each of the following occurrences constitutes an event ofof default: a(i) the Customer breaches or is alleged to have breached these Terms of Trade for any default or failure reason (including, but not limited to, defaulting on any payment due under these Terms of Trade) and fails to remedy that breach within 14 days of being given notice by the Customer in making due and punctual payment Supplier to the Supplier of any moneys owing by do so; (ii) the Customer, being a natural person, commits an act of bankruptcy; (iii) the Customer, being a corporation, is subject to: b(A) a petition being presented, an administratororder being made or a meeting being called to consider a resolution for the Customer to be wound up, liquidator deregistered or provisional liquidator is dissolved; (B) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations ▇▇▇ ▇▇▇▇ being appointed in respect to all or any part of the Customer: c) a receiver 's property and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customerundertaking; d(C) the entering of a scheme of arrangement (other than for the purpose of restructuring); and (D) any assignment for the benefit of creditors; (iv) the Customer goes into bankruptcy or is wound up;purports to assign its rights under these Terms of Trade without the Supplier's prior written consent; or e(v) the Customer becomesceases or threatens to cease conduct of its business in the normal manner. (b) Where an event of default occurs, admits except where payment in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due; f) there is a breach full has been received by the Customer of any of these Terms; g) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional MaterialSupplier, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, without prejudice to any other rights it may have, do : (i) terminate these Terms of Trade; (ii) terminate any or all of the following: Orders and credit arrangements (1if any) withdraw any credit facilities which may have been extended to with the Customer; (2iii) withhold any refuse to deliver Goods or provide further deliveries of GoodsServices; (3iv) in respect of pursuant to clause 9(c), repossess and re-sell any Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods; (4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery; (5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the Customer, and the Price shall become the Supplier’s standard Price as at the date of the original salepayment for which has not been received; and/oror (6v) cease retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise. (c) In addition to supply Goods and/or Services any action permitted to be taken by the CustomerSupplier under paragraph 12(b), on the occurrence of an event of default all invoices will become immediately due and payable.

Default by Customer. 15.1 In the (a) The following constitutes an event ofof default: a(i) the Customer breaches these Terms for any default or failure reason and fails to remedy that breach within 14 days of being given notice by the Customer in making due and punctual payment Supplier to the Supplier of any moneys owing by do so; (ii) the Customer, being a natural person, commits an act of bankruptcy; (iii) the Customer, being a corporation, is subject to: b(A) a petition being presented, an administratororder being made or a meeting being called to consider a resolution for the Customer to be wound up, liquidator deregistered or provisional liquidator is dissolved; (B) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed in respect to all or any part of the Customer: c) a receiver 's property and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customerundertaking; d(C) the entering of a scheme of arrangement (other than for the purpose of restructuring); (D) any assignment for the benefit of creditors; (iv) the Customer goes into bankruptcy or is wound uppurports to assign its rights under these Terms without the Supplier's prior written consent; e(v) the Customer becomesceases or threatens to cease conduct of its business in the normal manner. (b) Where an event of default occurs, admits in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due;the Supplier may: f(i) there is a breach by the Customer of any of terminate these Terms; g(ii) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional Material, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, without prejudice to any other rights it may have, do terminate any or all of the following: Orders and credit arrangements (1if any) withdraw any credit facilities which may have been extended to with the Customer; (2iii) withhold any refuse to deliver Goods or provide further deliveries of GoodsServices; (3iv) in respect of pursuant to clause 10(d), repossess and re-sell any Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods; (4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery; (5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the Customer, and the Price shall become the Supplier’s standard Price as at the date of the original salepayment for which has not been received; and/oror (6v) cease to supply retain (where applicable) all money paid on account of Goods and/or or Services to the Customeror otherwise. (c) On an event of default all invoices will become immediately due and payable.

Default by Customer. 15.1 In the event of: a) any default or failure by the Customer in making due and punctual payment to the Supplier of any moneys owing by the Customer:; b) an administrator, liquidator or provisional liquidator is appointed in respect of the Customer:; c) a receiver and manager, administrator or controller is appointed in respect of any assets or groups of assets of the Customer; d) the Customer goes into bankruptcy or is wound up; e) the Customer becomes, admits in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due; f) there is a breach by the Customer of any of these Terms;; or g) the Customer offers the Goods for sale through the internet on eBay or any like website or h) the Customer without the written approval of the Supplier sells Promotional Materialwebsite, then all monies payable by the Customer to the Supplier shall become immediately due and payable notwithstanding the due date of payment shall not have expired, and the Supplier may, may without prejudice to any other rights it may have, have do any or all of the following: (1) withdraw any credit facilities which may have been extended to the Customer; (2) withhold any further deliveries of GoodsGoods and/or cease to supply Services to the Customer; (3) in respect of Goods with which property in and title to has not passed to the Customer and already delivered onto the Customer’s premises, enter onto those premises and recover and resell the Goods; (4) recover from the Customer the cost of materials or Goods acquired for the purposes of future delivery;deliveries; and/or (5) withdraw or cancel any discount, markdown, reduction or special price, previously offered by the Supplier to the CustomerCustomer may be withdrawn, or cancelled, and the Price shall become the Supplier’s standard Price as at the date of the original sale; and/or (6) cease to supply Goods and/or Services to the Customer.