Common use of Fee and Payments Clause in Contracts

Fee and Payments. 10.1 The Client undertakes to pay the Contract Engineer a lump-sum Fee of EUR [●] (in words: [●] euro), as full remuneration for the proper performance of the Services and other obligations arising under the Agreement. No Fee will be payable to the Contract Engineer for any of the Services or other obligations of the Contract Engineer arising under the Agreement that have not been performed by the Contract Engineer in accordance with the Agreement. 10.2 Since the Fee for the Service is a lump-sum fee, it covers all variations, modifications, additions, and corrections, etc. not explicitly referred to in the Agreement, but not extending beyond the scope set out in the Agreement. 10.3 The Fee shall constitute the only payment for the Services, covering all the costs and expenses incurred by the Contract Engineer in connection with the Services provided, including the costs of travel and any accommodation, Documentation printing costs etc. The Fee shall remain unchanged throughout the term of the Agreement, irrespective of the content of or any amendments to the terms of the Contractor Agreement, actual acceptance dates of the design works or construction works, the scope and value of the Client’s orders for the Contractor to perform additional works and substitute works, as well the number of Construction Defects during the guarantee and warranty period arising from the Contractor Agreement. 10.4 The Fee shall be paid to the Contract Engineer in equal monthly instalments. First invoice shall be delivered to the Client not earlier than one month after signing of this Agreement. If any part of the Services is not provided, the Fee shall be adjusted in order to reflect the value of the Services actually provided by the Contract Engineer. 10.5 Together with each invoice, the Contract Engineer shall present to the Client a breakdown of the Services provided in relation to the Fee. 10.6 Within 10 (ten) Business Days of the receiving the above-mentioned breakdown, the Client shall provide to the Contract Engineer a notice of the proposed deductions from the amounts due under the Agreement, including justification thereof. After the aforementioned period of 10 (ten) Business Days expires, the Contract Engineer shall have the right to issue an invoice for any amounts not questioned by the Client. This Clause shall be without prejudice to any other rights vested in the Parties pursuant to the Agreement. 10.7 An invoice issued by the Contract Engineer must be marked properly with number 05/EU/T2/CERTG. 10.8 The Client shall make payment within 28 (twenty eight) days of the date of receiving an invoice correctly issued by the Contract Engineer, for the amount corresponding to the value of the Services actually provided by the Contract Engineer and approved by the Client in the given settlement period, by bank transfer to the Contract Engineer's bank account number [●]. 10.9 Any sums due under the Agreement shall be invoiced and paid in euro. 10.10 Any sums arising under the Agreement are net amounts, exclusive of VAT, and therefore VAT at the relevant rate applicable on the date of issue of the invoice shall be added. 10.11 If there is any delay in the payment of the Fee due to the Contract Engineer, the Contract Engineer shall be entitled to charge statutory interest.

Appears in 1 contract

Sources: Contract Engineer Services Agreement

Fee and Payments. 10.1 The Client undertakes to pay the Contract Engineer a lump-sum Fee of EUR [●] (in words: [●] euro), as full remuneration for the proper performance of the Services and other obligations arising under the Agreement. No Fee will be payable to the Contract Engineer for any of the Services or other obligations of the Contract Engineer arising under the Agreement that have not been performed by the Contract Engineer in accordance with the Agreement. 10.2 Since the Fee for the Service is a lump-sum fee, it covers all variations, modifications, additions, and corrections, etc. not explicitly referred to in the Agreement, but not extending beyond the scope set out in the Agreement. 10.3 The Fee shall constitute the only payment for the Services, covering all the costs and expenses incurred by the Contract Engineer in connection with the Services provided, including the costs of travel and any accommodation, Documentation printing costs etc. The Fee shall remain unchanged throughout the term of the Agreement, irrespective of the content of or any amendments to the terms of the Contractor Agreement, actual acceptance dates of the design works or construction works, the scope and value of the Client’s orders for the Contractor to perform additional works and substitute works, as well the number of Construction Defects during the guarantee and warranty period arising from the Contractor Agreement. 10.4 The Fee shall be paid to the Contract Engineer in equal monthly instalments. First invoice shall be delivered to the Client not earlier than one month after signing of this Agreement. If any part of the Services is not provided, the Fee shall be adjusted in order to reflect the value of the Services actually provided by the Contract Engineer. 10.5 Together with each invoice, the Contract Engineer shall present to the Client a breakdown of the Services provided in relation to the Fee. 10.6 Within 10 (ten) Business Days of the receiving the above-mentioned breakdown, the Client shall provide to the Contract Engineer a notice of the proposed deductions from the amounts due under the Agreement, including justification thereof. After the aforementioned period of 10 (ten) Business Days expires, the Contract Engineer shall have the right to issue an invoice for any amounts not questioned by the Client. This Clause shall be without prejudice to any other rights vested in the Parties pursuant to the Agreement. 10.7 An invoice issued by the Contract Engineer must be marked properly with number 0503/EU/T2/CERTGCESTS. 10.8 The Client shall make payment within 28 (twenty eight) days of the date of receiving an invoice correctly issued by the Contract Engineer, for the amount corresponding to the value of the Services actually provided by the Contract Engineer and approved by the Client in the given settlement period, by bank transfer to the Contract Engineer's bank account number [●]. 10.9 Any sums due under the Agreement shall be invoiced and paid in euro. 10.10 Any sums arising under the Agreement are net amounts, exclusive of VAT, and therefore VAT at the relevant rate applicable on the date of issue of the invoice shall be added. 10.11 If there is any delay in the payment of the Fee due to the Contract Engineer, the Contract Engineer shall be entitled to charge statutory interest.

Appears in 1 contract

Sources: Contract Engineer Services Agreement