Common use of OWNERSHIP AND RISK Clause in Contracts

OWNERSHIP AND RISK. 14.1 The Goods/Works and/or Services supplied shall be and remain at the sole risk of the Supplier and the Supplier shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to the CSIR. 14.2 Ownership of the Goods/Works and/or Services supplied shall pass to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied by the CSIR. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 The Goods/Works and/or Services supplied shall be and remain at the sole risk i. Ownership of the Supplier Goods supplied by Xxxx will remain with Mico and will not pass to the Supplier shall be responsible for and bear buyer until all and amounts owing by the buyer to Mico or any costs whatsoever arising from or Related Company in respect of the Goods or otherwise have been paid for in full and all losses the buyer’s other obligations to Mico or any Related Company in respect of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied the Goods or otherwise have been met. Until ownership of the Goods passes to the CSIRbuyer, whereupon the buyer agrees as follows: (a) The buyer will hold the Goods on trust for Xxxx as Xxxx’s bailee. (b) The buyer will store the Goods safely at his, hers or its cost so that the Goods can be readily identified as belonging to Xxxx and shall not relinquish possession or remove the Goods from the buyer’s premises except in the ordinary course of business. (c) The buyer will only use or sell the Goods in the ordinary course of business. This authority is revoked immediately if a default or Enforcement Event occurs. (d) The buyer must keep full and complete records of the Goods and make such records available to Mico upon Xxxx’s reasonable request. (e) The buyer will disclose to Mico all information reasonably required regarding the Goods and any on-sale of the Goods by the buyer. (f) The buyer will immediately inform Xxxx of any attempt by any third party to exercise remedies against the Goods or of any circumstances that might xxxxxxxxxx Xxxx’s rights or interest in the Goods. (g) The buyer gives Xxxx the right to inspect the Goods or any part of them at all reasonable times. (h) The buyer must not do or allow to be done anything that might contribute to deterioration in the value of the Goods or otherwise adversely affect Mico’s rights or interest in the Goods. (i) The buyer must return the Goods if requested to do so by Xxxx following non-payment of any amount owing by the buyer to Mico or any Related Company or non-fulfilment of any of the buyer’s other obligations to Mico or any Related Company, without limiting any other right Mico or the buyer may have. ii. If the Goods have not been paid for in full by the due payment date or are at risk (as defined in PPSA), Mico or Mico’s agent(s) may (in addition to Xxxx’s other rights but subject to the Credit Contracts and Consumer Finance Act 2003) enter the buyer’s premises (or other premises to which the buyer have access and where the Goods are stored or where Mico reasonably believes the Goods are stored) at any time, without notice, and search for and recover the Goods and may resell the Goods or retain the Goods for Xxxx’s own benefit or the benefit of any Related Company, without incurring any liability to the buyer or any person claiming through the buyer. The buyer may not revoke the permission granted in this sub-clause. iii. Where the buyer provides material to Mico to be processed, then Mico will have a general and particular lien in respect of those goods (of which the aforementioned material may be a part) for all sums due at any time from the buyer to Mico or any Related Company. Mico may sell or dispose of such loss, damage and/or destruction shall pass goods at the buyer’s expense and without liability to the CSIRBuyer and may apply the proceeds in or towards such sums. 14.2 Ownership of the Goods/Works and/or Services supplied shall pass to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien iv. Notwithstanding that ownership of any natureGoods may remain with Mico, all risk in respect of such Goods/Works and/or Services Goods will pass to the buyer upon delivery. The buyer will insure (and keep insured) the passing Goods for full replacement value against all risks of ownership as aforesaidloss or damage in the buyer’s and Xxxx’s name for Xxxx’s respective interests. Such passing of ownership shall be without prejudice to Mico may, at any right of subsequent rejection time, request a copy of the Goods/Works and/or Services supplied policy of insurance and the buyer will promptly provide the same to Mico. The buyer will remain liable for all Goods which are ordered by the CSIR. 14.3 Signature of a buyer notwithstanding that the buyer has not taken delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the GoodsGoods and/or have changed his/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goodsher/Works and/or Services or any part thereof are its mind as to whether they wish for those Goods to be supplied by a third party: 14.4.1 delivered. If the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier buyer has failed to pay take delivery of the third party Goods within 30 days of the date that the Goods are available for delivery then Mico shall, at its sole discretion, sell and/or dispose of the Goods in respect thereofany manner that Xxxx sees fit and shall recover from the buyer the difference in the price Mico would have received from the buyer and the price that Mico has received from their disposal together with interest and costs, including the Supplier indemnifies costs of recovery, in accordance with the CSIR against any claim that can be made by the third partyTerms and Conditions.

OWNERSHIP AND RISK. 14.1 3.1 The Goods/Works and/or Services Goods supplied shall be and remain at the sole risk of the Supplier Seller and the Supplier Seller shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services Goods and/or destruction thereof, until such Goods/Works and/or Services Goods are supplied to the CSIRPurchaser, whereupon risk of such loss, damage and/or destruction shall pass to the CSIRPurchaser. 14.2 3.2 Ownership of the Goods/Works and/or Services Goods supplied shall pass to the CSIR Purchaser upon delivery or payment therefor (whichever occurs first), and the Supplier Seller hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services Goods upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services Goods supplied by the CSIRPurchaser. 14.3 3.3 Signature of a delivery notice by a representative of the CSIR Purchaser shall not prevent the CSIR Purchaser from claiming that the Goods/Works and/or Services Goods were short-supplied, incorrectly supplied or delivered late and all the CSIRPurchaser's rights in this regard are strictly reserved. 14.4 3.4 Where the Goods/Works and/or Services Goods or any part thereof are to be supplied by a third party: 14.4.1 3.4.1 the Supplier Seller must ensure that ownership in and to the Goods/Works and/or Services Goods or any part thereof passes to the Supplier Seller from such third party upon delivery to, or upon payment therefor by the CSIR Purchaser to the SupplierSeller, whichever is the earlier; 14.4.2 3.4.2 the CSIR Purchaser will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services Goods or any item thereof;; and 14.4.3 3.4.3 where the Supplier Seller is sequestrated or liquidated, and the CSIR Purchaser has paid the Supplier Seller for the Goods/Works and/or Services Goods or any part thereof at the time of such insolvency or liquidation, but the Supplier Seller has failed to pay the third party in respect thereof, the Supplier Seller indemnifies the CSIR Purchaser against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 The Goods9.1. OWNERSHIP IN ANY GOODS DELIVERED BY THE COMPANY TO THE CLIENT SHALL REMAIN VESTED IN THE COMPANY UNTIL PAID FOR IN FULL, HOWEVER RISK IN AND TO THE GOODS WILL TRANSFER TO THE CLIENT UPON DELIVERY TO THE CLIENT. 9.2. GOODS IN THE POSSESSION OF THE CLIENT WHICH BEAR THE COMPANY’S NAME AND/Works and/or Services supplied shall be and remain at the sole risk OR TRADEMARKS AND LABELS SHALL BE DEEMED TO BE GOODS FOR WHICH PAYMENT HAS NOT BEEN MADE IN FULL, OR AT ALL. 9.3. THE CLIENT SHALL FULLY INSURE THE GOODS PURCHASED AGAINST LOSS OR DAMAGE UNTIL THE FULL PURCHASE PRICE HAS BEEN PAID. PENDING PAYMENT FOR THE GOODS, ALL BENEFITS IN TERMS OF THE INSURANCE POLICY RELATING TO SUCH GOODS SHALL BE CEDED TO THE COMPANY; THE CLIENT HEREBY IRREVOCABLY AND UNCONDITIONALLY CEDING SUCH BENEFITS AND THE COMPANY HEREBY ACCEPTING SUCH CESSION. 9.4. In compliance with Section 97 of the Supplier CPA, the Client is required to disclose to the Company the location of the Goods delivered to it by the Company of any change concerning the Client’s residential address and/or the address of the premises in which any Goods that are the subject of this Agreement are ordinarily kept and the Supplier name and the address of any other person to whom possession of the Goods has been transferred. Should Client cause the Goods to be delivered to rented premises, the Client shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to immediately inform the CSIR, whereupon risk landlord of such loss, damage and/or destruction shall pass to the CSIR. 14.2 Ownership rented premises or any persons laying claim thereto of the Goods/Works and/or Services supplied shall pass to reservation of ownership by the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, Company in respect of such Goods/Works and/or Services upon . 9.5. Should the passing Company, at its sole discretion, pack and deliver the Goods in returnable containers; such containers shall remain the property of ownership as aforesaid. Such passing of ownership the Company and shall be without prejudice returned to any right of subsequent rejection the Company as soon as possible. 9.6. All costs related to the recovery of the Goods/Works and/or Services supplied by , shall be for the CSIR. 14.3 Signature of a delivery notice by a representative account of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-suppliedClient. THE CLIENT SHALL AT ALL TIMES WHETHER DURING OR AFTER TERMINATION OR EXPIRY OF THIS AGREEMENT INDEMNIFY AND KEEP THE COMPANY INDEMNIFIED AGAINST ALL LOSSES, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reservedCLAIMS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING ALL REASONABLE LEGAL FEES) INCURRED IN CONNECTION WITH THE REMOVAL OF ANY REPOSSESSED GOODS. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 4.1 With effect from the moment of delivery to LWB of the Vessel and the Hull and each batch of Equipment, LWB shall (a) bear all risks of loss and damage, and (b) assume full responsibility for the due and proper care, custody, safety, and security of the Vessel and the Hull and Equipment. 4.2 The Goods/Owner shall retain full and unrestricted ownership of the Vessel and the Hull, the OFI, the Parts, Equipment and the Works and/or Services supplied (in each case whether under construction or completed, whether unfinished or partly or wholly finished and whether at the Work Site or elsewhere) at all times during the term of this Contract. 4.3 The Owner shall be entitled to mortgage the Vessel and remain the Hull for the purposes of financing or refinancing its acquisition and completion of the Vessel and the Hull. 4.4 The Owner shall also be entitled to charge or pledge the OFI, Parts and other Equipment for the purposes of financing or refinancing its acquisition and completion of the Vessel and the Hull. 4.5 The Yard shall at its own cost promptly give all such assistance, provide all such information, and execute and deliver all such documents to the Owner and/or any other relevant person, body or entity (including, but not limited to the Registry of Ships under construction and the Bundesamt fur Seeschiffahrt und Hydrographie) as may from time to time be requested by the Owner in connection with the registration and deletion of the Vessel and/or the Hull in and from the Registry of Ships under Construction. In addition to the obligations set out in Clause 3.4.2, if the Vessel and/or the Hull are registered the Yard undertakes to identify and/or xxxx the Vessel and/or the Hull for the purposes of such registration. 4.6 Upon delivery the Yard will obtain actual possession (UNMITTELBARER BESITZ) of the Vessel, the OFI, the Parts and other Equipment thereby providing to the Owner German law constructive possession (MITTELBARER BESITZ) until the Owner re-obtains actual possession (UNMITTELBARER BESITZ) thereof. The same applies to all Parts and Equipment purchased by the Yard and built into the Vessel during completion of the Vessel as well as to all Parts and Equipment purchased by the Owner and delivered to the Yard and/or the Vessel during completion of the Vessel. 4.7 LWB shall at its own cost store the Hull and any Parts relating to the Hull for the Owner thereby obtaining actual possession (UNMITTELBARER BESITZ) and providing to the Owner constructive possession (MITTELBARER BESITZ) thereof for the period of the option granted under the terms of the Option Agreement, and up to sixty (60) Days following expiry of that option, in a safe and secure manner at the sole risk of the Supplier and the Supplier shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to the CSIRshipyard. 14.2 Ownership of the Goods/Works and/or Services supplied shall pass to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied by the CSIR. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 9.1 The Goods/Works and/or Services property in goods or materials fixed or unfixed supplied under the Contract will not pass to the customer until the price for all such goods and materials and all other sums due from the Customer under the contract have been paid in full. 9.2 If the Customer should convert any of such goods or materials into other goods or should such goods or materials in any way become incorporated into other goods, the Customer will hold such other goods on trust for us as security for the payment in full of the price and all other sums due to us from the Customer under the contract. 9.3 The Customer shall be entitled to resell goods or materials supplied under the Contract (whether or not prior to such resale any of such goods or materials have in any way been incorporated into other goods) in the ordinary course of his business. Where such goods or materials are resold by the Customer (whether or not prior to such resale any of such goods or materials have in any way been incorporated into other goods) and remain at the time of such resale the property in such goods or materials or any part of them has not passed to the Customer, then the proceeds of such resales (or other assets into which such proceeds have been converted) will be held by the Customer in a fiduciary capacity on trust for us and he will account to us for the same to the extent necessary to discharge the price and all other sums due to us from him under the Contract. 9.4 Without prejudice to any other rights (whether to damages or under Contract Terms or otherwise howsoever) we may at any time after the price for goods or materials or any other sum payable by the Customer to us under the contract has become due and remains unpaid rescind the contract and recover the goods or materials or any of them which are still our property and may enter onto the Customer’s premises either by our servants or agents for that purpose. 9.5 Whether or not the price for goods or materials or any other sums has become due from the Customer under any of the Contract Terms such price or such sum will be deemed to be due from the Customer immediately on his committing any act of bankruptcy, calling a meeting (whether formal or informal) of any of his creditors or (where the Customer is a body corporate) having a receiver or manager appointed of its undertaking or any part thereof or on a resolution being passed or on a petition being presented to any court for the winding-up of the Customer or on the happening of any act whatsoever or the commencement of any proceeding whatsoever to the insolvency of possible insolvency of the Customer. 9.6 All goods or materials fixed or unfixed on site will be at the sole risk of the Supplier and the Supplier shall be responsible for and bear all Customer. The cost of repairing or replacing any such goods or materials and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to the CSIR. 14.2 Ownership of the Goods/Works and/or Services supplied shall pass Contract work which are lost damaged or destroyed, from whatsoever cause will be charged by us as additional work in accordance with the provisions of Condition 8.2 and will be paid or reimbursed to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied us by the CSIRCustomer in accordance with the Contract Terms. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 6.1 Notwithstanding that ownership in the goods may not have passed to the Buyer risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer or into the custody of the party acting on the Buyer’s behalf or to a carrier and the Buyer shall be obliged to insure the goods from the time of delivery to the Buyer. 6.2 Notwithstanding anything else, legal and beneficial ownership of any and all goods shall remain with the Vendor until payment in full is made for them and for all other goods supplied by the Vendor to the Buyer. The Goods/Works Buyer hereby charges all the goods supplied by the Vendor from time to time to the Buyer with payment of all monies owing by the Buyer to the Vendor and grants to the Vendor a security interest in such goods. 6.3 If payment is dishonoured or not made in whole or in part in respect of any of the goods the Vendor may (without prejudice to any of its other rights) recover and/or Services supplied resell the goods or any of them and may enter upon the Buyer’s premises or any other place where the goods and/or the mixed goods are stored by its servants or agents for that purpose (and the Buyer grants to the Vendor an irrevocable right and authority to so recover, re-enter and re-sell) provided that the Vendor may only recover and resell for its own account sufficient of the goods and/or the mixed goods to satisfy all unpaid liability in respect of the goods and the costs of resale. If any excess is recovered by the Vendor, it shall not be liable in damages but shall account for the excess to the Buyer. 6.4 Until payment is made in full by the Buyer for the goods, the Buyer holds the goods as bailee for the Vendor and will store the goods in such a manner that they are clearly identifiable as the property of the Vendor and will keep separate records in respect of the goods. 6.5 If the goods are sold or otherwise disposed of by the Buyer prior to receipt by the Vendor of payment in full, the Buyer will have been deemed to have done so as agent for the Vendor and the proceeds of such sale will be the property of the Vendor. The Buyer will hold the proceeds of such sale on trust, on account for the Vendor, and keep them in a separate fund from its own money. 6.6 If any of the goods are mixed or incorporated in other goods (the "mixed goods") before payment is received, the Buyer agrees that the property in the mixed goods shall be and remain at with the sole risk Vendor until such payment has been made in full. The Buyer shall hold the mixed goods as bailee for the Vendor and will store the mixed goods in such a manner that they are clearly identifiable as the property of the Supplier Vendor and the Supplier shall be responsible for and bear all and any costs whatsoever arising from or will keep separate records in respect of all losses the same. If the Buyer sells the mixed goods it will hold the proceeds of such sale on trust for the Vendor and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied will account to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to Vendor for the CSIR. 14.2 Ownership value of the Goods/Works and/or Services supplied shall pass to goods and keep the CSIR upon delivery or payment therefor (whichever occurs first), proceeds in a fund separate from its own money and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, will keep separate records in respect of such Goods/Works and/or Services money. 6.7 Where the Vendor has reasonable cause to believe: 6.7.1 The Buyer has not strictly complied with these Terms and Conditions and in particular, default of payment. Or 6.7.2 The Buyer has or will commit an act of bankruptcy or (being a company) has had a receiver appointed, or is declared insolvent; The Vendor may recover any or all of the goods or the mixed goods and re-sell the goods or mixed goods and for such purpose may at any time of the day or night enter by force if necessary upon any premises where such goods or mixed goods are reasonably thought to be stored (and the passing of ownership as aforesaid. Such passing of ownership Buyer grants to the Vendor an irrevocable right and authority to so recover, re-enter and re-sell). 6.8 In exercising its rights pursuant to this clause, the Vendor shall be without prejudice entitled to deduct from any right sale of subsequent rejection of goods or mixed goods recovered from the Goods/Works and/or Services supplied Buyer all the liabilities and expenses (including legal expenses) incurred by the CSIRVendor in enforcing or attempting to enforce its rights pursuant to this clause 6. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 6.1 All risk in and to all Goods sold by CONDYN to the Partner/client shall pass to the Partner/client on delivery / collection, however, ownership in all Goods sold and delivered/ collected shall remain vested in CONDYN until the full purchase price has been paid. In the event of a breach of these Terms and Conditions by the Partner/client, or if the Partner/client is sequestrated or placed under liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgment granted against it within 3 (three) calendar days of the date of judgment or changes the structure of its ownership, CONDYN shall, subject to having complied with any further legal requirements, be entitled to take possession of the Goods irrespective of whether or not the Goods have been installed, without prejudice to any further rights vested in CONDYN. The GoodsPartner/Works and/or Services supplied client hereby indemnifies CONDYN against all claims, losses, damages, liabilities and expenses of whatsoever nature including consequential claims, should CONDYN remove Goods as a result of non- payment on the part of the Partner/client. Nothing contained in this clause precludes CONDYN from proceeding in terms of this clause with a Court order. 6.2 Goods in the possession of the Partner/client bearing either CONDYN's name or trade xxxx or labels shall be deemed to be those for which payment has not yet been made, and remain should any breach of these Terms and Conditions occur, may be re-possessed by CONDYN in terms of clause 6.1 above. 6.3 Prior to delivery, the Partner/client shall adequately insure the Goods to be delivered and or supplied by CONDYN against any form of loss or damage until the full purchase price has been paid by the Partner/client to CONDYN for such Goods. Pending payment to CONDYN for Goods purchased, all the benefits in terms of the insurance policy relating to the insurance of such Goods are hereby ceded to CONDYN. 6.4 The Partner/client shall inform the landlord of the premises at which the Goods are kept that such Goods are the sole risk and absolute property of CONDYN until such time as the Supplier full purchase price has been paid to CONDYN by the Partner/client and ownership passes to the Supplier Partner/client. The Partner/client shall be responsible for keep the Goods free from any other security interest until ownership in the Goods passes to the Partner/client. 6.5 The Partner/client hereby indemnifies CONDYN against all claims, losses, damages, liabilities and bear all and any costs expenses of whatsoever nature, including consequential claims, arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to the CSIR. 14.2 Ownership of the Goods/Works and/or Services supplied shall pass to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied by the CSIR. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereofconnection with, the Supplier indemnifies the CSIR against any claim that can be made by the third party.Partner/client failing to comply with its obligations in terms of this clause 6

OWNERSHIP AND RISK. 14.1 13.1 The Goods/Works and/or Services supplied shall be and remain at the sole risk of the Supplier and the Supplier shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction shall pass to the CSIR. 14.2 13.2 Ownership of the Goods/Works and/or Services supplied shall pass to the CSIR upon delivery or payment therefor (whichever occurs first), and the Supplier hereby expressly waives any lien or any claim to a lien of any nature, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied by the CSIR. 14.3 13.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-short supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 13.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 13.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 13.4.2 the CSIR will not be entitled or obliged, to pay such third party directly in respect of the Goods/Works and/or Services or any item thereof; 14.4.3 13.4.3 where the Supplier is sequestrated or liquidated, and the CSIR has paid the Supplier for the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.

OWNERSHIP AND RISK. 14.1 The Goods/Works and/or Services supplied shall be and remain at the sole risk 8.1 Risk of damage to or loss of the Supplier and the Supplier shall be responsible for and bear all and any costs whatsoever arising from or in respect of all losses of and damages to such Goods/Works and/or Services and/or destruction thereof, until such Goods/Works and/or Services are supplied to the CSIR, whereupon risk of such loss, damage and/or destruction Goods shall pass to the CSIRPurchaser on the earliest of delivery, the date notified to the Purchaser on which the Goods were available for collection or the date on which the Seller attempted to deliver the Goods to the Purchaser. 14.2 Ownership 8.2 Notwithstanding delivery and the passing of risk in the Goods/Works and/or Services supplied Goods to the Purchaser, or any other provisions of these Conditions, ownership and title to the Goods shall not pass to the CSIR upon delivery Purchaser (and shall be retained in full by the Seller) until the Seller has received in cash or in cleared funds payment therefor (whichever occurs first), in full of the price of the Goods and all other sums which are or which become due to the Supplier hereby expressly waives Seller from the Purchaser on any lien or any claim to a lien of any natureaccount. 8.3 The Seller shall be at liberty, in respect of such Goods/Works and/or Services upon the passing of ownership as aforesaid. Such passing of ownership shall be without prejudice to any right of subsequent rejection of the Goods/Works and/or Services supplied by the CSIR. 14.3 Signature of a delivery notice by a representative of the CSIR shall not prevent the CSIR from claiming that the Goods/Works and/or Services were short-supplied, incorrectly supplied or delivered late and all the CSIR's rights in this regard are strictly reserved. 14.4 Where the Goods/Works and/or Services or any part thereof are to be supplied by a third party: 14.4.1 the Supplier must ensure that ownership in and to the Goods/Works and/or Services or any part thereof passes to the Supplier from such third party upon delivery to, or upon payment therefor by the CSIR to the Supplier, whichever is the earlier; 14.4.2 the CSIR will not be entitled or obligedits sole discretion, to pay such third party directly cancel the Contract and remove the Goods if the price is not paid in full at the time and in the manner stipulated in Condition 4 and, further, to recover damages from the Purchaser in respect of the Goods/Works and/or Services Purchaser’s failure to comply with the terms of the Contract and any instalment of the purchase price which may have been paid shall be retained by the Seller to be set off against such damages. 8.4 Until such time as title in the Goods passes to the Purchaser, the Purchaser shall hold the Goods as the Seller’s fiduciary agent and shall keep the Goods separate from those of the Purchaser and third parties and shall keep the Goods properly stored, protected, insured and identified as the Purchaser’s property. Until that time, the Purchaser shall be entitled to resell the Goods in the ordinary course of its business at full market value but shall account to the Seller for the proceeds of sale or otherwise the Goods including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Purchaser and third parties. 8.5 Until such time as title in the Goods passes to the Purchaser, and provided that the Goods are still in existence and have not been sold, the Seller shall be entitled at any time to require the Purchaser to deliver up the Goods to the Seller and, if the Purchaser fails to do so, to enter upon any premises of the Purchaser or any item thereof; 14.4.3 third party where the Supplier is sequestrated or liquidated, Goods are stored and the CSIR has paid the Supplier for repossess the Goods/Works and/or Services or any part thereof at the time of such insolvency or liquidation, but the Supplier has failed to pay the third party in respect thereof, the Supplier indemnifies the CSIR against any claim that can be made by the third party.