22 A-61578 September 2006
12.Billing and Terms of Payment. Commercial and some government
billings are in advance and prices will vary depending upon billing
arrangements (annual, quarterly, etc.) and a premium may apply.
Where government arrears billing is available, billings occur at the
end of the cycle, including renewals.
Payment terms are net 30 days from date of invoice, except for
renewals, which are due by the renewal date.
If payment has not been received by the due date, Kodak may, at its
sole discretion,
• cancel the invoice for non-payment. If the invoice is cancelled for
non-payment, Customer shall be liable for the greater of:
- the prorated value of the annual service rate of the invoice
or
- Per-Call charges for any service performed by Kodak,
OR
• place the Customer on Service hold.
13.Renewals. Nine (9) weeks prior to the expiration of this Agreement,
Customer will be sent an invoice for the renewal of this Agreement.
This invoice will be an offer for the same level of coverage as the
current Agreement at the prices then in effect, with payment due on
the expiration date of the current Agreement. Payment of this
invoice will be considered Customer’s acceptance of coverage for
the new contract term.
14.Product Use. Prices for Agreements based on use will be
determined by the previous year’s service history. If a year’s worth
of history is not available, the use will be annualized. The renewal
price paid for an Agreement is based on the past year’s usage, and
will be adjusted accordingly. If use of the Product changes, the price
will change accordingly, when applicable. Equipment operated on
multiple shift (more than eight hours per day) may be subject to an
extra charge and will be re-billed immediately at the pro-rated
amount.
15.Force Majeure. With the exception of any payments due hereunder,
neither party shall be liable for failure to perform under this
Agreement if such failure to perform arises out of cause(s) beyond
the control and without fault or negligence of the non-performing
party. Such cause(s) may include, but are not limited to, acts of God
or the public enemy, fires, floods, epidemics and unusually severe
weather, material shortages, strikes or similar labor disruptions.
16.Governing Law. This Agreement will be governed by and
construed in accordance with the substantive law of the State of
New York as applied to agreements entered into between two
residents of the State of New York, without regard to its conflict of
laws principles.
17.Additional Terms. These terms may be amended or supplemented
only by the express agreement of the parties, in writing and signed
by each party.