TAB-Austria Max Fire HD, Руководство по эксплуатации

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page 46
goods in proportion of the invoice value of goods delivered by TAB to the invoice value of
the remaining goods.
7.5 In case of Customer's acting in violation of the Agreement, in particular in case of
default in payment, TAB will be entitled to reclaim the provisional goods at Customer's
expense. Such recovery claim, as well as levy of execution of the goods by TAB, will not
constitute a cancellation of the Agreement.
7.6 As soon as he has stopped payments, in fact immediately after announcement of the
cessation of payments, Customer will be obligated to send to TAB a list of the still existing
provisional goods, even if processed, and a list of claims towards third party debtors plus
copies of invoices. Amounts received from assigned claims will have to be kept separately
until bank transfer.
8. Transfer Prohibition
All claims of Customer's resulting from this Agreement will be unassignable.
9. Payment, Default, Set-Off
9.1 Unless agreed otherwise, all payments will have to be made immediately upon receipt
of invoice without deductions.
9.2 Acceptance of cheques or bills of exchange will only be effected for payment
purposes. Discount- and bank costs as well as costs of bills of exchange will have to be
borne by Customer.
9.3 In case of default in payment, refund of all reminder- and collecting charges, as well as
interest in the amount of 10% above the applicable base interest rate will be deemed as
agreed upon. Incoming payments will be set-off first against the costs, then against the
interest and last against the main obligation to be performed.
9.4 Non-compliance with payment conditions or circumstances suitable to impair
Purchaser's credit worthiness will result in maturity of all of Seller's claims. It will
furthermore entitle Seller to perform outstanding deliveries against advance payment only
or to cancel the Agreement, and/or to demand compensation for damage due to non-
performance.
9.5 Customer will not be entitled to withhold payment or a part thereof for counterclaim
reasons or to set-off counterclaims, including such resulting from complaints.