DEFAULT OF THE CUSTOMER Sample Clauses

The "Default of the Customer" clause defines the consequences and procedures that apply if the customer fails to fulfill their contractual obligations, such as not making payments on time or breaching other key terms. Typically, this clause outlines the steps the service provider or seller can take in response, which may include suspending services, charging interest on overdue amounts, or even terminating the contract. Its core practical function is to protect the provider by establishing clear remedies and recourse in the event of customer non-compliance, thereby reducing financial and operational risks.
DEFAULT OF THE CUSTOMER. 12.1. If the Customer fails to pay any sum when it becomes due, CPSL shall have the right, but without prejudice to any other rights or remedies, to suspend further work until payment is received with interest at the rate specified at condition 22 or to cancel the Contract so far as any Services remain to be provided in which case the Customer will indemnify CPSL in accordance with condition 3 above. 12.2. If the Customer shall make default in or commit any breach of any of his obligations to CPSL, or if any distress or execution shall be levied upon the Customer, his property or assets, or if the Customer shall make or offer to make any arrangement or composition with Creditors or commits any act of bankruptcy, or if any petition for bankruptcy shall be presented, or if the Customer shall be a limited company and any resolution or petition to wind up the Customer’s business or for the appointment of an Administrator shall be passed or presented otherwise than for reconstruction or amalgamation, or if an Administrative Receiver of such company’s undertaking property or assets or any part thereof shall be appointed, CPSL may determine the Contract by written notice to the Customer’s registered office address or otherwise as set out in the Proposal, without prejudice to any claim or right CPSL might otherwise have.
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DEFAULT OF THE CUSTOMER i) If the Customer shall make default in or commit a breach of the terms or conditions of any contract with the Company, or if any distress or execution shall be levied upon the Customer’s property or assets, or if the Customer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or a Statutory Demand is served on him, of if the Customer is a limited company and any resolution or petition to wind up such Company’s business shall be passed or presented, or if a Receiver of such Company’s undertaking, property or assets or any part thereof shall be appointed, the Company shall have right without notice to the Customer and without prejudice to any other claims or rights the Company may make or exercise to determine all or any of its contracts with the Customer. ii) If it should come to the notice of the Company that any work done or any goods to be supplied under this contract infringe or are alleged to infringe any patent registered design, copyright,or other rights in the manufacture of the goods then the Company shall have the right to cease the manufacture of these goods and to be bound by this contract and the Customer shall indemnify the Company against the Company for such infringement or alleged infringement or for royalties, and against all costs, expenses and other payments arising therefrom and shall pay to the Company the value of work done on and the materials used in the manufacture of the goods prior to such cessation of manufacture.
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DEFAULT OF THE CUSTOMER. 12.1 The Customer shall be deemed to be in “Default” where the Customer fails to make any payment as and when due and payable, commits an act of bankruptcy, has liens placed on a project or assets frozen or restrained, appoints a liquidator or has a liquidator appointed, is insolvent or becomes subject to any form of external administration or an application for any form of external administration is made against the Customer, or passes a resolution to be wound up or have a liquidator appointed, or similar events or actions to such effect occur. 12.2 If the Customer is in Default, the Company may, at its discretion, issue a notice to the Customer to remedy the Default. If the Customer continues to be in Default beyond the period of fourteen (14) days from the Customer’s notice to remedy the Default, or where the Default is incapable of being remedied, without limiting the Company’s rights, the Company may, at its discretion withhold further deliveries or terminate the Agreement with immediate effect by way of written notice to the Customer. Where such Default occurs, this shall not in any way prejudice the right of the Company to recover any amounts due for materials previously supplied or manufactured to the Customer’s requirements or for any other amounts otherwise owing by the Customer to the Company. 12.3 Further to the above, should the Company have any reason to believe the Customer: a) may Default on the Agreement; b) may be unable to repay to the Company any amounts it presently owes; or c) may be unable in future to repay to the Company any amounts it may become liable to the Company for, then the Company may give the Customer the written notice requesting that the Customer satisfy the Company that it will not Default or will otherwise be able to pay its debts as and when they fall due, and within fourteen (14) days of such notice, should the Customer fail to satisfy the Company to such effect, the Company may, with further written notice to the Customer, terminate this Agreement with immediate effect.
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DEFAULT OF THE CUSTOMER. If the Customer is in default according to this Terms of Sale, and the Seller early terminates this Terms of Sale (including the end of the current initial or renewal term) and/or this Terms of Sale becomes terminated due to the termination of the Merchant Contract between the “Merchant Company” (or another “Merchant Company” authorized by Seller) and the Seller due to request of the “Merchant Company” then the Customer is responsible for the Early Termination Fee (as defined in the paragraph 4.5), and the Customer immediately becomes liable for 10% (Ten percent) of the total amount of this Terms of Sale from the beginning and until the end of the then current term as liquidated damages, and also for the total costs of shipping of the POS and its components to the Customer. All other fees owed by the Customer to the Seller shall be paid additionally to the ETF.
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DEFAULT OF THE CUSTOMER. 9.1 In the event of default in payment, ANYDESK is entitled to suspend the services at the Customer's expense. 9.2 If the Customer is in default of payment in a period exceeding two months in an amount equal to the monthly base price for two months, ANYDESK may extraordinarily terminate the contractual relationship without notice. 9.3 ANYDESK reserves the right to assert further claims due to delayed payment. 9.4 ANYDESK will not exercise its rights regarding a delay in payment and suspension of performance if overdue payments are the subject of an attempted settlement between the contracting parties and the Customer cooperates with ANYDESK.
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DEFAULT OF THE CUSTOMER. 11.1. If any of the events set out in (a) to (f) below occur, the Company may at its option and in its absolute discretion withhold further deliveries or cancel the agreement without notice to the Customer and without prejudice to any other action or remedy which the Company has or might otherwise have had and/or open a new trading account with the Customer with cash on delivery payment terms: (a) The Customer makes default in any payments or is unable, or states that it is unable, to pay its debts as and when they fall due; (b) The Customer, being an individual, commits an act of bankruptcy or has a controller or trustee or similar officer appointed in respect of the Customer's estate or any part of the Customer's property or assets; (c) The Customer passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it; (d) A receiver, receiver and manager, controller, voluntary administrator or similar officer is appointed over any part of the property or assets of the Customer; (e) The Customer cancels its Services with the Company; (f) The Customer experiences any analogous event having substantially similar effect to any of the events specified above; (g) For any other reason that the Company deems appropriate.
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DEFAULT OF THE CUSTOMER. 13.1. If the customer is not in a timely fashion, that is, within 8 days after the invoice date, is charged, the customer is in default. Unless otherwise agreed in writing, the customer from the time of default owe interest on the amount due amount, equal to the legal interest (trade), increased with an interest rate of 1.5% per month. 13.2. As from the date of default user shall be entitled to recovery of the open invoice. The associated (non-judicial) costs shall be borne by the customer. User shall be entitled to fix these costs at 15% of the outstanding principal amount, with a minimum of €40,--.
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DEFAULT OF THE CUSTOMER. 12.1 The Customer fails to make any payment as and when due and payable, commits an act of bankruptcy, has liens placed on a project or assets frozen or restrained, is insolvent or becomes subject to any form of external administration or an application for any form of external administration is made against the Customer (Default). 12.2 If the Customer continues to be in Default, the Company may issue a notice to the Customer to remedy the Default. If the Customer continues to be in Default for a period of twenty-eight (28) consecutive days or the Default is incapable of being remedied, without limiting the Company rights, the Company may at its discretion withhold further deliveries or terminate the Agreement. Where such Default occurs, this shall not in any way prejudice the right of the Company to recover any amounts due for materials previously supplied or manufactured to the Customer’s requirements.
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Related to DEFAULT OF THE CUSTOMER

  • Default of Tenant Each of the following shall constitute a default by Tenant under this Lease: (a) Tenant fails to pay any amount required under this Lease as and when the same becomes due and said failure is not cured within ten (10) days after written notice thereof from Landlord; (b) Tenant fails to perform any other term, condition, or obligation under this Lease and said failure is not cured within thirty (30) days after written notice thereof from Landlord. Upon the occurrence of any such default by Tenant, Landlord shall have the option to pursue any one or more of the following remedies without any additional notice or demand whatsoever: terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so Landlord may, without prejudice to any other remedy which Landlord may have for omission or arrearages in Rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof, without being liable for prosecution or any claim of damages therefor; or enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof without being liable for prosecution or any claim for damages therefor, with or without having terminated this Lease. In addition to the other remedies provided in this Lease, and anything contained herein to the contrary notwithstanding, Landlord shall be entitled to restrain any default or violation, or attempted or threatened default or violation of any of the terms, covenants, conditions or other provisions of this Lease, by injunction, order of specific performance or other appropriate equitable relief. The remedies provided to Landlord hereunder are intended to be cumulative, and may be exercised by Landlord in any order, or simultaneously, without such exercise being a waiver by Landlord of its right to exercise any other remedy granted to Landlord hereunder (or under applicable Laws) with respect to the same default. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance or surrender of the Leased Premises by ▇▇▇▇▇▇, whether by agreement or by operation of law, it being understood that such surrender can be affected only by the written agreement of Landlord and ▇▇▇▇▇▇.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • Notice of Default or Event of Default promptly, and in any event within five days after a Responsible Officer becoming aware of the existence of any Default or Event of Default or that any Person has given any notice or taken any action with respect to a claimed default hereunder or that any Person has given any notice or taken any action with respect to a claimed default of the type referred to in Section 11(f), a written notice specifying the nature and period of existence thereof and what action the Company is taking or proposes to take with respect thereto;