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Price of delivery is $[{deliveryPrice}] | ||
Acceleration must be between [{accelerationMin}] and [{accelerationMax}] | ||
For every reading outside this range pay a $[{accelerationBreachPenalty}] penalty | ||
Delivery must take less than [{deliveryLimitDuration}]. | ||
Late deliveries pay a $[{lateDeliveryPenalty}] penalty. | ||
6.1.7 Liquidated Damages for Delayed Delivery. | ||
In the event the EXW delivery date of the Equipment is delayed beyond the delivery schedule as indicated in Annex A, solely through the fault of the Seller, and unless the parties mutually agreed to an extension thereto, the Buyer is entitled to claim liquidated damages in an amount equivalent to $[{lateDeliveryPenalty}]. | ||
Prior to implementing the provisions of Article 16.4 pursuant to this section, Buyer agrees that it shall discuss with Seller alternate remedies in good faith.. . . . | ||
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7.1 The Equipment to be shipped to the Buyer shall be packed and shipped in accordance with the Specifications and if not specified therein.... | ||
Additionally the Equipment should have proper devices on it to record any shock during transportation as any instance of acceleration outside the bounds of [{accelerationMin}]g and [{accelerationMax}]g. | ||
Each shock shall reduce the Contract Price by $[{accelerationBreachPenalty}]. Packing containing fragile materials should be so marked in bold stout letters. . . . . | ||
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ANNEX A | ||
Equipment Description, Contract Price and Delivery Schedule | ||
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Contract Price is $[{deliveryPrice}] per unit of Equipment. | ||
Delivery Schedule: no later than [{deliveryLimitDuration}] after initiation. |
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Price of delivery is $1000.00 | ||
Acceleration must be between -0.5 and 0.5 | ||
For every reading outside this range pay a $5.00 penalty | ||
Delivery must take less than 10 seconds. | ||
Late deliveries pay a $200 penalty. | ||
6.1.7 Liquidated Damages for Delayed Delivery. | ||
In the event the EXW delivery date of the Equipment is delayed beyond the delivery schedule as indicated in Annex A, solely through the fault of the Seller, and unless the parties mutually agreed to an extension thereto, the Buyer is entitled to claim liquidated damages in an amount equivalent to $200.00. | ||
Prior to implementing the provisions of Article 16.4 pursuant to this section, Buyer agrees that it shall discuss with Seller alternate remedies in good faith.. . . . | ||
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||
7.1 The Equipment to be shipped to the Buyer shall be packed and shipped in accordance with the Specifications and if not specified therein.... | ||
Additionally the Equipment should have proper devices on it to record any shock during transportation as any instance of acceleration outside the bounds of -0.5g and 0.5g. | ||
Each shock shall reduce the Contract Price by $5.00. Packing containing fragile materials should be so marked in bold stout letters. . . . . | ||
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ANNEX A | ||
Equipment Description, Contract Price and Delivery Schedule | ||
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Contract Price is $1000.00 per unit of Equipment. | ||
Delivery Schedule: no later than 10 seconds after initiation. |
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Volume Discount Rate. The discount rate is defined according to the following table: | ||
| annual charge | discount rate | | ||
| <[{firstVolume}]M | [{firstRate}]% | | ||
| <[{secondVolume}]M | [{secondRate}]% | | ||
| >[{secondVolume}]M | [{thirdRate}]% | | ||
Volume-Based Card Acceptance Agreement [Abbreviated] | ||
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This Agreement is by and between Card, Inc., a New York corporation, and you, the Merchant. By accepting the Card, you agree to be bound by the Agreement. | ||
Discount means an amount that we charge you for accepting the Card, which amount is: | ||
(i) a percentage (Discount Rate) of the face amount of the Charge that you submit, or a flat per- | ||
Transaction fee, or a combination of both; and/or | ||
(ii) a Monthly Flat Fee (if you meet our requirements). | ||
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Transaction Processing and Payments. Our Card acceptance, processing, and payment requirements are set forth in the Merchant Regulations. Some requirements are summarized here for ease of reference, but do not supersede the provisions in the Merchant Regulations. | ||
Payment for Charges. We will pay you, through our agent, according to your payment plan in US dollars for the face amount of Charges submitted from your Establishments less all applicable deductions, rejections, and withholdings, which include: | ||
(i) the Discount, | ||
(ii) any amounts you owe us or our Affiliates, | ||
(iii) any amounts for which we have Chargebacks and | ||
(iv) any Credits you submit. Your initial Discount is indicated in the Agreement or otherwise provided to you in writing by us. In addition to your Discount we may charge you additional fees and assessments, as listed in the Merchant Regulations or as otherwise provided to you in writing by us. We may adjust any of these amounts and may change any other amount we charge you for accepting the Card. | ||
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SETTLEMENT | ||
a) Settlement Amount. Our agent will pay you according to your payment plan, as described below, in US dollars for the face amount of Charges submitted from your Establishments less all applicable deductions, rejections, and withholdings, which include: | ||
(i) the Discount, | ||
(ii) any amounts you owe us or our Affiliates, | ||
(iii) any amounts for which we have Chargebacks, and (iv) any Credits you submit. Our agent will subtract the full amount of all applicable deductions, rejections, and withholdings, from this payment to you (or debit your Bank Account), but if it cannot, then you must pay it promptly upon demand. | ||
b) Discount. The Discount is determined according to the following table: | ||
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| Annual Dollar Volume | Discount | | ||
| Less than $[{firstVolume}] million | [{firstRate}]% | | ||
| $[{firstVolume}] million to $[{secondVolume}] million | [{secondRate}]% | | ||
| Greater than $[{secondVolume}] million | [{thirdRate}]% | | ||
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_______________________ _____________________ | ||
Card, Inc. Merchant |
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Original file line number | Diff line number | Diff line change |
---|---|---|
@@ -1,5 +1,29 @@ | ||
Volume Discount Rate. The discount rate is defined according to the following table: | ||
| annual charge | discount rate | | ||
| <1M | 3% | | ||
| <10M | 2.9% | | ||
| >10M | 2.8% | | ||
Volume-Based Card Acceptance Agreement [Abbreviated] | ||
|
||
This Agreement is by and between Card, Inc., a New York corporation, and you, the Merchant. By accepting the Card, you agree to be bound by the Agreement. | ||
Discount means an amount that we charge you for accepting the Card, which amount is: | ||
(i) a percentage (Discount Rate) of the face amount of the Charge that you submit, or a flat per- | ||
Transaction fee, or a combination of both; and/or | ||
(ii) a Monthly Flat Fee (if you meet our requirements). | ||
|
||
Transaction Processing and Payments. Our Card acceptance, processing, and payment requirements are set forth in the Merchant Regulations. Some requirements are summarized here for ease of reference, but do not supersede the provisions in the Merchant Regulations. | ||
Payment for Charges. We will pay you, through our agent, according to your payment plan in US dollars for the face amount of Charges submitted from your Establishments less all applicable deductions, rejections, and withholdings, which include: | ||
(i) the Discount, | ||
(ii) any amounts you owe us or our Affiliates, | ||
(iii) any amounts for which we have Chargebacks and | ||
(iv) any Credits you submit. Your initial Discount is indicated in the Agreement or otherwise provided to you in writing by us. In addition to your Discount we may charge you additional fees and assessments, as listed in the Merchant Regulations or as otherwise provided to you in writing by us. We may adjust any of these amounts and may change any other amount we charge you for accepting the Card. | ||
|
||
SETTLEMENT | ||
a) Settlement Amount. Our agent will pay you according to your payment plan, as described below, in US dollars for the face amount of Charges submitted from your Establishments less all applicable deductions, rejections, and withholdings, which include: | ||
(i) the Discount, | ||
(ii) any amounts you owe us or our Affiliates, | ||
(iii) any amounts for which we have Chargebacks, and (iv) any Credits you submit. Our agent will subtract the full amount of all applicable deductions, rejections, and withholdings, from this payment to you (or debit your Bank Account), but if it cannot, then you must pay it promptly upon demand. | ||
b) Discount. The Discount is determined according to the following table: | ||
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||
| Annual Dollar Volume | Discount | | ||
| Less than $1 million | 3.00% | | ||
| $1 million to $10 million | 2.90% | | ||
| Greater than $10 million | 2.80% | | ||
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_______________________ _____________________ | ||
Card, Inc. Merchant |