Marine Rescue Technologies sMRT AU10 User Manual page 26

26 sMRT AU10 User Manual v1.8
(b) The price of the Equipment shall be as stated in the Supplier's acknowledgement of order or quotation,
or where no price has been quoted (or a quoted price is no longer v alid), the price listed in the Supplier's
price list current at the date of acceptance of the order.
(c) The Supplier reserv es the right, by giv ing notice to the Customer at any time bef ore deliv ery , to
increase the price of such of the Equipment as has not been deliv ered to ref lect any increase in the cost
to the Supplier which is due to any f actor bey ond the control of the Supplier (including without limitation
any f oreign exchange f luctuation, currency regulation, alteration of duties, change in legislation,
signif icant increase in the costs of labour, materials or other costs of manuf acture), any change in
deliv ery dates, quantities or specif ications f or the Equipment which is requested by the Customer, or any
delay caused by any instructions of the Customer or f ailure of the Customer to giv e the Supplier
adequate inf ormation or instructions.
(d) The prices pay able f or Annual Maintenance/Support and/or Annual Recertif ication shall be as stated in
the Supplier's acknowledgement of order or as specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement. The Supplier reserv es the right, by giv ing sixty (60) day s written notice to the
Customer at any time, to increase the prices charged by the Supplier f or Annual Maintenance/Support
and/or Annual Recertif ication, unless otherwise specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement or otherwise agreed in writing by the Supplier (f or example, price changes f or
prepaid Annual Maintenance & Recertif ication will usually be agreed separately in writing between the
parties).
6 Payment
(a) Subject to any special terms agreed in writing between the Customer and the Supplier, the Supplier
may inv oice the Customer f or the price of the Equipment on or at any time af ter deliv ery of the
Equipment, unless:
(i) the Equipment is to be collected by the Customer; or
(ii) the Customer wrongf ully f ails to take deliv ery of the Equipment,
and in either case the Supplier shall be entitled to inv oice the Customer f or the price at any time af ter the
Supplier has notif ied the Customer that the Equipment is ready f or collection.
(b) The Supplier may inv oice the Customer f or Annual Maintenance/Support and/or Annual Recertif ication
in adv ance of the start of the relev ant period, or as specif ied in the relev ant Annual Maintenance &
Recertif ication Agreement.
(c) Credit pay ment terms are only av ailable to the Customer with the prior approv al of the Supplier, and
will be subject to an assessment of the Customer's creditworthiness. The Supplier may change the
Customer's credit or pay ment terms at any time if (in the opinion of the Supplier) the Customer's f inancial
condition or prev ious pay ment record justif ies this.
(d) Subject to clause 6(c), unless an alternativ e pay ment period is stated in the Supplier's inv oice,
pay ment by the Customer shall be made within 30 day s of the date of the Supplier's inv oice, whether or
not deliv ery has taken place or title in the Equipment has passed to the Customer.
(e) Unless otherwise specif ied in the Supplier's inv oice, all pay ments shall be made in British Pounds
(GBP) to the Supplier's designated bank account by direct debit, credit card or electronic transf er. Time
f or pay ment shall be of the essence of the Contract.
(f ) If the Customer f ails to make pay ment in f ull on the due date, the whole of the balance of the price of
the Equipment and any Annual Maintenance/Support and/or Annual Recertif ication then outstanding shall
become immediately due and pay able and, without prejudice to any other right or remedy av ailable to the
Supplier, the Supplier shall be entitled to:
(i) terminate the Contract or suspend any f urther deliv eries of Equipment and/or prov ision of warranty
serv ice or Annual Maintenance/Support and/or Annual Recertif ication (whether ordered under the same
contract or not) to the Customer;
(ii) appropriate any pay ment made by the Customer to such of the Equipment or Annual Maintenance/
Support or Annual Recertif ication (whether under this Contract or any other contract between the
Customer and the Supplier) as it thinks f it (despite any purported appropriation by the Customer);
(iii) charge interest on the amount outstanding f rom the due date to the date of receipt by the Supplier
(whether or not af ter judgment), at the annual rate of 5% abov e the base lending rate f rom time to time of
NatWest Bank plc, accruing on a daily basis and being compounded quarterly until pay ment is made,
whether bef ore or af ter any judgment. The Supplier reserv es the right to claim interest under the Late
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