Smith withhold the right to invoice for work completed and ready for installation if client/site delays, outside of Smith control, cause more than 1 month delay in installation work.
For ‘supply only’ items payment is 100% before shipment.
6.2 The Deposit shall be paid to Smith within 7 days of the Contract coming into effect pursuant to condition 2.2. Deposits are not refundable except at the sole discretion of Smith.
6.3 The total Price shall be paid to Smith (without deduction or set-off) in accordance with the payment timetable set out in the Proposal or Purchase Order (or otherwise when the Deliverables have been supplied).
6.4 Smith shall invoice the Client when any proportion of the Price becomes due under the payment timetable set out in the Proposal or Purchase Order.
6.5 Smith reserves the right to charge the Client additional charges (the “Additional Charges”) in respect of:
6.5.1 any time spent assessing a request for change pursuant to condition 5.4;
6.5.2 any Additional Deliverables; or
6.5.3 any costs or expenses suffered or incurred by Smith resulting from any suspension of the Services which has been caused by the Client’s instructions or lack of instructions or any other cause for which the Client is responsible
6.6 Any time and materials charges shall be calculated on the basis of the following:
6.6.1 the charges payable for the Additional Deliverables or in respect of any Additional Charges shall be calculated in accordance with Smith’s daily fee rates, as amended from time to time;
6.6.2 Smith’s standard daily fee rates for each individual person are calculated on the basis of an eight-hour day, worked between 08:00 am and 5:00 pm on weekdays (excluding public holidays);
6.6.3 Smith shall be entitled to charge an overtime rate of 25% of the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals outside the hours referred to in condition 6.6.2; and
6.6.4 Smith shall invoice the Client monthly in arrears for its charges for time, expenses and materials (with a 25% mark up on all material costs) for the month concerned, calculated as provided in this condition 6.6.
6.7 Unless otherwise agreed in the Proposal or Purchase Order, the Price and any Additional Charges exclude:
6.7.1 any costs in terms of hotel, subsistence, travelling and any other ancillary expenses incurred in the installation of the Goods; and
6.7.2 any costs associated with the provision of ladders above a height of 20 feet, scaffolding or other access equipment,
6.7.3 the provision of an electrical supply and the making of final electrical connections for any installation of the Goods
6.8 The Price, any Additional Charges and any additional costs shall be exclusive of VAT which Smith shall add to its invoices at the appropriate rate.
6.9 The Client shall pay each invoice submitted to it by Smith, in full and in cleared funds, without counterclaim, deduction or set off within 30 days of receipt. Time for payment shall be of the essence of the Contract.
6.10 Without prejudice to any other right or remedy that it may have, if the Client fails to pay Smith on the due date, Smith may (at Smith’s sole discretion):
6.10.1 charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of the HSBC Bank plc, accruing on a daily basis and being compounded quarterly until payment is made; or
6.10.2 immediately suspend all provision of the Deliverables until payment of either the total Price or the outstanding amount (at the sole discretion of Smith) has been made in full.
6.11 All sums payable to Smith under the Contract shall become due immediately on its termination, despite any other provision. This condition 6.11 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
6.12 Smith may, without prejudice to any other rights it may have, set off any liability of the Client to Smith against any liability of Smith to the Client.