- Payment for any order of Products is due in full in cash on or before delivery.
- Where the Company has agreed to extend credit to the Purchaser, payment is due on the 20th of the month following delivery unless varied in writing by the Company.
- Payment by cheque or by any type of bank transfer will not be considered payment until the payment has been fully cleared through the banking system into the Company’s bank account.
- Time for payment is of the essence. If the Purchaser fails to make any payment on the due date then without prejudice to any of the Company’s other rights the Company may:
(a) suspend or cancel all deliveries of Products to the Purchaser without notice and/or treat this agreement as repudiated by the Purchaser; and/or
(b) appropriate any payment made by the Purchaser to such of the Products (or goods supplied under any other agreement with the Purchaser) as the Company may in the Company’s sole discretion think fit. The Company may at its sole discretion apply payments made by the Purchaser first in payment of default interest and secondly in reduction of invoiced amounts. The Company is entitled to recover from the Purchaser any discount given to the Purchaser for any goods for which the Purchaser is in default.
(c) Events of default for the purposes of section 109 of the Personal Property Securities Act include: failure to pay amounts due, failure of the Purchaser to comply with any other obligation owed to the Company, or in the Company’s opinion the Purchaser is likely to be unable to meet its obligations to the Company, or the Purchaser becomes insolvent or has a receiver appointed in respect of all or some of the Purchaser ‘s assets, or makes or is likely to make an arrangement with the Purchaser ‘s creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory management.
(d) In the event of a default, all amounts outstanding under all of the then current contracts between the Purchaser and the Company will, whether or not due for payment, immediately become due and payable.
- If payment is not made in full by the due date the Company is entitled to charge the Purchaser interest on the unpaid overdue balance at the rate of 2% per month from the due date.
- Products purchased on cash accounts are to be paid in full prior to the Products leaving the Company’s premises.
- The Purchaser will indemnify the Company for any expenses incurred (including solicitor/client costs) in the recovery of any monies owing to the Company.
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