Common use of Payment by Client Clause in Contracts

Payment by Client. 4.1 The Client must pay BD Building Projects Australia Pty Ltd the BD Charges calculated in accordance with the Charge Rates for every BD Personnel supplied by BD Building Projects Australia Pty Ltd being calculated as a multiple of the number of hours/days (as appropriate) during which BD Personnel have been provided at the relevant Charge Rate. 4.2 The BD charges incurred for the supply of BD Personnel must be paid by the Client whether or not the services of the BD Personnel are utilised by the Client. 4.3 The Charge Rates include BD Building’s fees, calculated as a percentage of a BD Worker’s Charge Rate. BD Building Projects Australia Pty Ltd may on reasonable notice increase the Charge Rates to take into account any statutory or other legal change, including, without limitation, changes to superannuation entitlements and compulsory employee benefits, which leads to an increase in BD Building Projects Australia Pty Ltd’s statutory and/or legal obligations resulting in an increase in the cost of supply. 4.4 The Client agrees to pay to BD Building Projects Australia Pty Ltd any costs (including legal costs on a solicitor client basis) incurred by BD Building Projects Australia Pty Ltd in recovering any money payable by the Client under the Work Order or the General Contract Terms and that these costs may be included in any Tax Invoice. Tax Invoices 4.5 BD Building Projects Australia Pty Ltd will issue a Tax Invoice every week. 4.6 A Tax Invoice may include BD Charges, Interest payable under clause 4.10 the following clause and costs payable under the preceding clause 4.4. 4.7 The Client must pay the Tax Invoice within 7 days of the date of a Tax Invoice. Unless otherwise agreed by BD Building Projects Australia Pty Ltd all payments due to it by the Client are to be paid by direct bank transfer to an account nominated by BD Building Projects Australia Pty Ltd on the Tax Invoice or by eWay, cheque made payable to BD Building Projects Australia Pty Ltd, credit card or by any other method listed on the relevant tax invoice. 4.8 If the client does not agree with any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice it must notify BD Building Projects Australia Pty Ltd within 5 Business Days of the date of the Tax Invoice providing BD Building Projects Australia Pty Ltd with the reasons for its disagreement and in this respect time is of the essence of the Agreement. The Client has no right of set-off, counter claim or defence whether at law or in equity are under any statute to any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice. If the Client fails to notify BD Building Projects Australia Pty Ltd that it disputes any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice within 5 Business Days of the date of the Tax Invoice, the Client agrees that it is liable to pay the whole of the amount charged in a Tax Invoice without any set-off, counter claim or defence whether at law or in equity or under any statute. 4.9 If the Client wishes to provide to BD Building Projects Australia Pty Ltd a payment schedule in accordance with the Building and Construction Industry Security of Payment ▇▇▇ ▇▇▇▇, NSW, it must do so within 5 Business Days of the date of the Tax Invoice.

Payment by Client. 4.1 The Client client must pay BD Building Projects Australia Pty Ltd the BD Charges charges calculated in accordance with the Charge Rates for every BD Personnel supplied by BD Building Projects Australia Pty Ltd being calculated as a multiple of the number of hours/days (as appropriate) during which BD Personnel have been provided at the relevant Charge Rate., 4.2 The the BD charges incurred for the supply of BD Personnel must be paid by the Client whether or not the services of the BD Personnel are utilised by the Client. 4.3 The Charge Rates include BD Building’s fees, calculated as a percentage of a BD Workerworker’s Charge Rate. BD Building Projects Australia Pty Ltd may on reasonable notice increase the Charge Rates to take into account any statutory or other legal change, including, without limitation, changes to superannuation entitlements and compulsory employee benefits, which leads to an increase in BD Building Projects Australia Pty LtdBuilding’s statutory and/or legal obligations resulting in an increase in the cost of supply. 4.4 The Client agrees to pay to BD Building Projects Australia Pty Ltd any costs (including legal costs on a solicitor client basis) incurred by BD Building Projects Australia Pty Ltd in recovering any money payable by the Client client under the Work Order or the General Contract Terms and that these costs may be included in any Tax Invoice. Tax Invoices 4.5 BD Building Projects Australia Pty Ltd will issue a Tax Invoice every week. 4.6 A Tax Invoice may include BD Charges, Interest payable under clause 4.10 the following clause and costs payable under the preceding clause 4.4. 4.7 The Client must pay the Tax Invoice within 7 % days of the date of a Tax Invoice. Unless otherwise agreed by BD Building Projects Australia Pty Ltd all payments due to it by the Client are to be paid by direct bank transfer to an account nominated by BD Building Projects Australia Pty Ltd on the Tax Invoice or by eWayPaypal, cheque made payable to BD Building Projects Australia Management Pty Ltd, credit card or by any other method listed on the relevant tax invoice. 4.8 If the client does not agree with any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice it must notify BD Building Projects Australia Pty Ltd within 5 Business Days of the date of the Tax Invoice providing BD Building Projects Australia Pty Ltd with the reasons for its disagreement and in this respect time is of the essence of the Agreement. The Client has no right of set-off, counter claim or defence whether at law or in equity are under any statute to any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice. If the Client client fails to notify BD Building Projects Australia Pty Ltd that it disputes any amount charged by BD Building Projects Australia Pty Ltd in a Tax Invoice within 5 Business Days of the date of the Tax Invoice, the Client agrees that it is liable to pay the whole of the amount charged in a Tax Invoice without any set-off, counter claim or defence whether at law or in equity or under any statute. 4.9 If the Client wishes to provide to BD Building Projects Australia Pty Ltd a payment schedule in accordance with the Building and Construction Industry Security of Payment ▇▇▇ ▇▇▇▇, NSW, it must do so within 5 Business Days of the date of the Tax Invoice.