Common use of Default If Clause in Contracts

Default If. (a) the Customer fails to pay any amount owing on the due date or is in breach of any other terms and conditions of this contract or any other contract between the Customer and the Company, and such default continues for three days; (b) the Customer has an execution levied against it, becomes bankrupt or insolvent, or commits any act of bankruptcy or enters into or attempts to enter into any compromise or arrangement with its creditors (voluntary, informal or otherwise) or in the case of a company, does any act which would render it liable to be liquidated or have a receiver or statutory manager appointed over its property or if it has a liquidation order made against it or passes or attempts to pass a resolution for liquidation or is a party to the appointment of a liquidator or has a manager or receiver appointed over the whole or any part of its property or undertaking; (c) the Company believes the Goods to be at risk for any reason whatsoever, including but not limited to the manner in which the Goods are used, or adverse weather or work conditions; Or (d) the Goods are damaged lost, stolen or destroyed, Then: (e) the Contract Price and any other amounts outstanding with the Company together with any penalties and interest payable , will immediately become due and payable; (f) the Company may retake possession of any of the Goods provided to the Customer and for that purpose may, without notice, directly or by its agents, enter the premises where the Goods may be situated. In such event all costs and expenses incurred by the Company in the recovery of the Goods are to be paid by the Customer; and (g) the Company may cancel any outstanding order with the Customer or all or any part of any contract with the Customer which remains unperformed in addition to and without prejudice to its other remedies. The rights of the Company under this paragraph are exercisable without prejudice to all other rights and remedies of the Company in consequence of the default or defaults of the Customer. The Company will not be liable for any loss of profits, consequential, indirect or special damage, loss or injury of any kind suffered by the Customer or any other person arising from termination of the contract or repossession of the Goods.