PASSING OF PROPERTY AND RISK a) Goods supplied by a Seller to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first).The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice on the insurance policy and shall produce a certificate of currency to this effect to that Seller upon request.
b) Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.
c) Until the goods have been paid for in full:
i) The Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and
ii) The Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.
d) The Buyer irrevocably authorises the Seller at any time to enter onto any premises upon which:
i) The Seller’s goods are stored to enable the Seller to:–inspect the goods;
ii) and/or–if the Buyer has breached these terms and conditions, reclaim the goods;
iii) The Buyer’s records pertaining to the goods are held to inspect and copy such records.
e) The Buyer and the Seller agree that the provisions of this clause apply notwithstanding any arrangement under which the Seller grants credit to the Buyer.
f) Each party consents to the other perfecting any security interest under these terms and conditions which arises by operation of the PPSA in any property by registration under the PPSA and agrees to do anything reasonably requested by the other party to enable it to do so.
g) The Buyer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to any security interest under these terms and conditions.
PASSING OF PROPERTY AND RISK. The property and risk in Goods shall pass to Pfizer when the Goods are delivered to it.
PASSING OF PROPERTY AND RISK. Property in the Goods shall pass from the Seller to QVC upon delivery of the Goods to QVC provided that receipt of delivery of the Goods by QVC shall be without prejudice to the rights of QVC set out in Conditions 8, 11 and 12 or any other right(s) which may accrue to QVC under these Conditions or otherwise. Risk in the Goods shall not pass to QVC until QVC has accepted the Goods in accordance with Condition 11.
PASSING OF PROPERTY AND RISK. (a) Title in the product shall pass, on payment being cleared and received by the Seller, in full into his bank account, for the whole of any delivery.
(b) Risk in the product passes to the Buyer on delivery.
(c) Delivery occurs:-
(i) In the case of product collected from the seller, when the drums or other containers are loaded on to the collecting vehicle or when the product has passed the delivery line of the Seller's storage tank.
(ii) In the case of product delivered to an address in the United Kingdom, or by agreement an address in mainland Europe, where the drums or other containers have been removed from the transporting vehicle at such address or where the product has passed out of the flexible hose or delivery line of the tanker, or
(iii) In the case of product delivered F.O.B. or C.I.F. when the drums or other containers have passed over the ship's rail or
(d) Where it is agreed that the product shall be collected by the Buyer notwithstanding that the Agreement provides that the Seller shall deliver, delivery of the products so collected shall occur as provided in paragraph (c)(i) above.
(e) In the case of deliveries made from tankers or storage installations the amount shown by the meters or dip sticks or other measuring or weighing equipment used by the Seller or carriers as the case may be, to have been delivered shall be conclusively deemed to be the quantity delivered.
PASSING OF PROPERTY AND RISK. 12.1 In case assembly of the Complete Vehicle is performed at SUPPLIER´s site, the risk in a Chassis passes to SUPPLIER upon delivery of it from VOLVO to SUPPLIER. SUPPLIER undertakes to inspect each Chassis for transport dam- ages, specification errors and shortages immediately upon arrival and shall in- form VOLVO of any damages, shortages or specification errors within 48 hours from receipt thereof, failing which SUPPLIER will be deemed to have received undamaged Chassis meeting the agreed specifications.
12.2 The risk in a Chassis shall pass to VOLVO or to the End Customer, as applica- ble, at the point of delivery or collection as further outlined in the Agreement.
12.3 Any VOLVO owned Chassis in SUPPLIER´s custody shall remain the sole property of VOLVO or the third party funder, if applicable. SUPPLIER may not, unless otherwise agreed in writing by VOLVO, resell or take any action, other than executing the assembly work and the mounting of the Superstructure onto the Chassis, which may weaken the ownership rights of VOLVO.
12.4 SUPPLIER shall also, with regard to any Chassis in SUPPLIER´s custody which is owned by VOLVO or a third party funder, if applicable (i) hold and maintain such Chassis on a fiduciary basis with due diligence and in accord- ance with the applicable VOLVO Group Body Builder Manual, (ii) at its own cost maintain adequate insurance for the protection of the Chassis; and (iii) store such Chassis in such a way that it is readily identifiable as VOLVO´s or third party funder´s property with clear and visible marks identifying the Xxxx- sis as the property of VOLVO.
12.5 VOLVO and the third party funder, if applicable, have the right, at all reasona- ble times, to inspect each Chassis in SUPPLIER´s possession or control. VOLVO and the third party funder, as appropriate, may further recover each Chassis from SUPPLIER at any time (in whatever state of build it is in at the relevant time), in which event VOLVO shall reimburse SUPPLIER the cost of any partially completed work conducted by SUPPLIER on such Chassis recov- ered by VOLVO or the third party funder, not to exceed in any event the agreed-to costs, in writing, between the Parties for any fully-completed work.
12.6 SUPPLIER shall not directly or indirectly seek to assert any lien of any kind whatsoever capable of existing at law or in equity in respect of any Chassis, Complete Vehicle or modification against VOLVO, the End Customer or a third party funder.
PASSING OF PROPERTY AND RISK. Property and risk in the GOODS shall remain with SUPPLIER until they are delivered at the point specified in the PURCHASE ORDER. The passing of property shall not affect the right to reject the GOODS.
PASSING OF PROPERTY AND RISK. Property in the Goods shall pass from the Seller to QVC immediately prior to the purchase of such Goods by a Customer. Risk in the Goods shall pass from the Seller to the Customer upon delivery of the Goods to the Customer pursuant to Condition 5.2. For the avoidance of doubt, QVC shall at no point hold the risk in the Goods.
PASSING OF PROPERTY AND RISK. The property and risk in Goods and Deliverables shall pass to Buyer when Goods and Deliverables or any part thereof are delivered to and accepted by Buyer.
PASSING OF PROPERTY AND RISK. The property and risk in Goods shall pass to Zoetis when the Goods are delivered to it.
PASSING OF PROPERTY AND RISK. Title to and risk of loss of the GOODS shall remain with SUPPLIER until the GOODS are delivered at the point specified in the PURCHASE ORDER and accepted by SIRE. The transfer of title and risk of loss shall not affect SIRE’s right to later reject the GOODS for failure to meet the requirements of the PURCHASE ORDER.