COMPLIANCE INFO_2019 - Laserfiche WebLink

Home Browse Search

DocuSign Envelope ID:05EFDA32-4C8F-4F23-93BC-D19E217654E0 SECTION 1116—GENERAL TERMS AND CONDITIONS 1 PERFORMANCE (a) CONTRACTOR will participate in business performance reviews to discuss HSSE performance, CONTRACTOR's financial condition and other key performance indicators (KPIs). (b) The frequency of business performance reviews will be established by the SCOPE DESCRIPTION or, alternatively, by COMPANY's representative. 2 TAXES 2.1 CONTRACTOR TAXES (a) COMPANY is not liable for any of CONTRACTOR's income taxes; any withholding taxes imposed on gross amounts; any franchise tax measured by capital, capital stock, net worth,gross margin, gross receipt, or gross profit; any minimum or alternative minimum tax; or any TAXES imposed by law on CONTRACTOR that are prohibited by law from being passed on to COMPANY. COMPANY is not liable to CONTRACTOR for any employment related TAX,fee, or charge. COMPANY is not liable for any of CONTRACTOR's inventory based taxes, ad valorem taxes, or property taxes. (b) COMPANY is responsible for filing returns and paying inventory-based taxes, ad valorem taxes, and property taxes on property or inventory that it owned on the assessment date. 2.2 INDIRECT TAXES COMPANY will pay all federal, state, and local TAXES or other TAXES that are imposed on transactions governed by the CONTRACT. For purposes of this Article, "TAXES" includes the following US taxes: federal, state, and local excise taxes, sales and transaction taxes, gross receipts taxes, utility taxes, environmental taxes and fees, or any other taxes that CONTRACTOR may be required to collect or pay on the transactions governed by the CONTRACT, except any taxes imposed on CONTRACTOR that by APPLICABLE LAW cannot be passed on to COMPANY. 2.3 Customs Responsibilities If the CONTRACT involves GOODS imported into the customs territory of the United States,the party acting as the importer of record for US Customs purposes is responsible for filing the clearance declaration and is liable for paying any applicable import related fees or TAXES, such as customs duties, harbor maintenance fees, merchandise processing fees, and oil spill fees. CONTRACTOR will provide the importer of record all documentation necessary to support the customs declaration. If the CONTRACT involves GOODS for which US import duty drawback can be claimed,the parties may separately negotiate the sharing of the drawback refund. 2.4 Local (USA) Requirements CONTRACTOR will provide to COMPANY a properly completed I.R.S. Form W-8 or I.R.S. Form W-9, as appropriate, to enable COMPANY to determine if US income tax withholding is required. If U.S. withholding applies, COMPANY will withhold amounts on its payments to CONTRACTOR as required under US law, unless CONTRACTOR provides COMPANY with the appropriate documentation to mitigate the TAX. Purchase Contract—GOODS and SERVICES Ver.2016a 10