Common use of Default by the Customer Clause in Contracts

Default by the Customer. (a) Late Payment by the Customer shall make all sums owing by Customer to WP (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to WP’s right to charge automatically and without prior Notification, the Interest Rate. (b) The Customer shall be liable for all costs, charges and other liabilities incurred by WP as a result of the Late Payment. WP is entitled to charge all costs of collection, including attorney’s fees to the extent permitted by law, in addition to all other amounts due. For payments that do not take place on the due date, WP reserves the right to levy a Charge in respect of such late payment. (c) All payments from and any credits or refunds due to the Customer will be used to pay off: (i) any interest due; (ii) any unsecured portions of the debt; (iii) any secured portions of the debt; and finally (iv) any other indebtedness to WP. (d) WP may use, without prior Notification or demand, any or all of the security to set off or satisfy all or any part of any indebtedness or obligation of the Customer and/or any of the Customer’s Affiliates to WP, including indebtedness arising from purchases under this Agreement or from any other agreement concluded between Customer and/or any of the Customer’s Affiliates and WP. (e) If a cash deposit has been made by the Customer and/or any of the Customer’s Affiliates then such deposit can be used, at WP’s sole discretion, as payment of Transactions which have been invoiced or not yet invoiced or in satisfaction of any other sums owed by Customer and/or any of the Customer’s Affiliates to WP.

Default by the Customer. (a) Late Payment by the Customer shall make all sums owing by Customer to WP DCI (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to WPDCI’s right to charge automatically and without prior Notification, the Interest Rate. (b) The Customer shall be liable for all costs, charges and other liabilities incurred by WP DCI as a result of the Late Payment. WP DCI is entitled to charge all costs of collection, including attorney’s 's fees to the extent permitted by law, in addition to all other amounts due. For payments that do not take place on the due date, WP DCI reserves the right to levy a Charge in respect of such late payment. (c) All payments from and any credits or refunds due to the Customer will be used to pay off: (i) any interest due; (ii) any unsecured portions of the debt; (iii) any secured portions of the debt; and finally (iv) any other indebtedness to WPDCI. (d) WP DCI may use, without prior Notification or demand, any or all of the security to set off or satisfy all or any part of any indebtedness or obligation of the Customer and/or any of the Customer’s Affiliates to WPDCI and/or any of its Affiliates, including indebtedness arising from purchases under this Agreement or from any other agreement concluded between Customer and/or any of the Customer’s Affiliates and WPDCI and/or any of its Affiliates. (e) If a cash deposit has been made by the Customer and/or any of the Customer’s Affiliates then such deposit can be used, at WP’s DCI's sole discretion, as payment of Transactions which have been invoiced or not yet invoiced or in satisfaction of any other sums owed by Customer and/or any of the Customer’s Affiliates to WPDCI and/or any of its Affiliates. (f) In case of Late Payment, failure to provide or maintain adequate security, exceeding the Credit Limit, or if DCI, in its sole discretion, determines that there are objective reasons to conclude that the financial status of Customer has become, or is likely to become, impaired or unsatisfactory, DCI may immediately, without prior Notification, block or cancel the Customer's Cards. (g) In the case of Late Payment, DCI reserves the right to apply a Charge to all Transactions for a period of three (3) months immediately following the occurrence of the Late Payment. (h) DCI reserves the right to terminate this Agreement, suspend Cards or levy a Charge in the event that the Customer’s Credit Limit is exceeded. (i) If the Customer’s account is suspended for any reason with a subsequent reactivation, the Customer may incur a Charge for any such reactivation requested. DCI does not accept any liability for accounts that are not reactivated. (j) DCI (or its agents or representatives) may perform credit checks on the Customer. The Customer hereby gives its consent to DCI (or its agents or representatives) to carry out such checks. The Customer hereby acknowledges and agrees that the credit checks may involve giving information about the Customer to licensed credit reference agencies or third parties. Occasionally DCI may use the information provided as a result of the credit checks to inform the Customer about any other product offering of DCI or any third party from time to time. (k) DCI may undertake periodic risk assessments of the Customers using industry-recognised risk exposure management tools and/or general market intelligence. If, following such risk assessment, the Customer’s risk exposure reaches a specified risk exposure level determined by DCI in its sole discretion, a risk-based Charge may be applied to all purchases of Fuel Products for the duration of the increased risk exposure level until such point as the original risk level resumes.