OWNERSHIP & RISK. 5.1 Subject to Clause 5.2 below, the Product shall at all times, remain the sole and exclusive property of the Company and the Customer shall have no right or interest in the Product except for the quiet possession and the right to use the Product upon the terms and conditions contained in this Agreement. Notwithstanding the foregoing, risk in the Product shall pass to the Customer on delivery of the Product to the Site.
5.2 Provided Always that there is no outstanding payment due to the Company by the Customer, the ownership of the Product shall automatically be transferred to the Customer upon expiry of the Rental Period.
OWNERSHIP & RISK. 8.1 Ownership as well as risk in the Citrus products shall pass to YYYwhen they are delivered in port to YYYby the Pack House.
8.2 The Citrus products shall be sold and delivered by YYYto third parties as purchasers thereof. YYYwill not be liable for any loss or damage suffered by XXX unless it is proven that the loss was caused by the deliberate or grossly negligent conduct of YYYor its employees which resulted in the Citrus products not being sold to third parties. Notwithstanding anything to the contrary contained herein, it is agreed that YYYshall not be liable for consequential damages suffered by XXX.
OWNERSHIP & RISK. 6.1 The risk of damage to or loss of Goods supplied by Gem will pass to the Customer when the goods are loaded on to the delivery vehicles at Gem premises. However the property in the Goods shall not pass from Gem to the Customer until:
i) The Customer shall have paid the price of the Goods including VAT in full, and
ii) No other sums whatever shall remain owing to Gem.
6.2 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Gem. The Customer shall store the Goods (at no cost to Gem) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Gem property. Notwithstanding that the Goods (or any part of them) remain the property of Gem the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of Gem. Any such sale or dealing shall be a sale or use of Gem property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Gem the entire proceeds of sale or otherwise of the Goods shall be held in trust for Gem and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Gem money. Gem shall be entitled to recover the price of the Goods (including VAT and all other monies due to Gem from the Customer) notwithstanding that property in any of the Goods has not passed from Gem.
6.3 Until such time as the property in the Goods passes from Gem, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Gem. If the Customer fails to return Goods, Gem may apply to enter any premises owned, occupied or controlled by the Customer where the Goods are situated and repossess the goods.
6.4 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Gem. Without prejudice to the other rights of Gem, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.
6.5 The Customer shall insure and keep insured the Goods to the full value against “all risks” to the reasonable satisfaction of Gem until the date that property in the Goods passes from Gem and shall, whenever requested by Gem, produce a copy of the policy of insurance and evidence ...
OWNERSHIP & RISK. (a) Risk in the components and equipment comprising the System will pass to you immediately when they arrive at the Property.
(b) Ownership of the System will only pass to you when you have made payment in full to us of the Purchase Price in accordance with this Agreement.
(c) If you fail to make payment in full, we reserve the right to involve a third-party agency for the recovery of any amounts owing including any legal costs associated with recovery of the unpaid amount.
OWNERSHIP & RISK. Ownership risk in the Bike remains with Bolt Bikes until ownership of the bike is formally transferred to you, at which time risk in the bike transfers to you.
OWNERSHIP & RISK. 5.1 Unencumbered ownership of goods shall pass to the Buyer upon delivery thereof to the Buyer, provided that if all or a part of the price thereof is paid prior to such delivery, then ownership shall pass when such payment is made irrespective of the location of such goods.
5.2 Subject to clause 11.1 and irrespective of the basis on which the price is calculated, risk in respect of goods shall remain with the Supplier until full and complete delivery thereof to the Buyer is made.
OWNERSHIP & RISK. 7.1 All risks and liabilities associated with the loss of or damage to or by the Equipment vests in the Customer at all times, unless and to the extent that the loss or damage is caused or contributed to by the grossly negligent act or omission of LBT, its employees, subcontractors, agents and other representatives.
7.2 All risks and liabilities associated with the loss of or damage to or by the Gear vests in the Customer from the time it is delivered to the Site and until such time as the Gear is removed from the Site, unless and to the extent that the loss or damage is caused or contributed to by the negligent or wrongful act or omission of LBT, its employees, subcontractors, agents and other representatives.
7.3 The Gear at all times remains the sole property of LBT or its subcontractors, as the case may be.
OWNERSHIP & RISK. 2.4.1 Each of the Goods shall become the property of the Purchaser, free of all liens and encumbrances, on the earlier of the following:
2.4.1.1 When the Supplier receives the payment for manufacture and storage of the Goods contemplated in clause 4.2.1.1
2.4.1.2 when the Supplier receives payment for the Delivery of the Goods in accordance with clause 4.2.1.2; or
2.4.1.3 Delivery of such Goods.
2.4.2 Without derogating from clause 2.4.1 the Purchaser shall, before making payment of any amount to the Supplier for any Goods, be entitled to require the Supplier to provide a certificate signed by the Supplier (and the applicable subcontractor, if any) confirming that ownership in such Goods has passed to the Supplier and/or will pass to the Purchaser, free of all liens and/or other encumbrances, against payment. The Purchaser shall be entitled to withhold payment of any such amount pending the receipt of such certificate.
2.4.3 The risk in the Goods shall (without relieving the Supplier from any guarantee or warranty undertaking or other responsibility or obligation in terms of this Supply Agreement) pass to the Purchaser on Delivery to the Delivery Place.
OWNERSHIP & RISK. 7.1 Notwithstanding that all risk in and to all goods sold by the Company to the Consumer shall pass on delivery, ownership in all goods sold and delivered shall remain vested in the Company until the full purchase price has been paid. In the event of breach of these terms and conditions by the Consumer, or if the Consumer is sequestrated or placed under liquidation or judicial management or commits any act in insolvency or enters into any compromise with its creditors or fail to satisfy a judgement granted against it within 7 days of the date of judgement or changes the structure of its ownership, the Company shall be entitled to take possession of the goods without prejudice to any further right vested in the Company.
7.2 Goods in the possession of the Consumer bearing the Company name, trademarks and labels shall be deemed to be those for which payment has not yet been made;
7.3 The Consumer shall fully insure the goods purchased from the Company against loss or damage, until the full price has been paid by the Consumer for such goods. Pending payment to the Company for goods purchased, all benefits in terms of the insurance policy relating to the insurance of such goods are ceded to the Company;
7.4 The Consumer will ensure that the Landlord of the premises rented by the Consumer waives its rights of hypothec on all goods supplied to the Consumer by the Company. The consumer is obliged to supply the Company with a copy of the written waiver of the Landlord’s Hypothec;
7.5 The Company has the right to pack goods into returnable containers and these crates remain the property of the Company.
OWNERSHIP & RISK. 4.1 All goods shall be at the Purchaser’s sole risk as soon as the Purchaser or the delivery agent has taken delivery of the goods at the Seller’s premises.
4.2 The Seller shall not be responsible for any damage whatsoever caused to any goods as a result of inadequate and/or improper loading or offloading, transportation, installation, tampering with the goods or negligence by the Purchaser or any delivery agent (or any person acting on their behalf or instruction).
4.3 Any goods returned to the Seller for any reason shall be at the sole risk of the Purchaser at all times and the Seller shall be at liberty to store the same otherwise than on its premises or deliver the same to such subcontractors as may need to carry out any part of work required in respect of the goods.
4.4 Notwithstanding anything to the contrary contained herein, ownership in all goods sold to the Purchaser by the Seller, as contemplated herein, shall remain solely and exclusively vested in the Seller until payment for such goods has been made in full.
4.5 If the Purchaser fails to make full payment of all amounts due to the Seller in terms hereof by the due date for such payments, the Seller shall be entitled, without prejudice to any rights which it may have in law, to enter the premises of the Purchaser or to trace the goods to such premises at which they may be located and to take possession of the goods
