PASSING OF RISK AND TITLE. 13.1 All Parts are at the risk of the Customer from delivery Ex Works (Incoterms 2010) the AJW Facility. Parts Repaired are at the risk of the Customer until received by AJW Delivered Duty Paid (Incoterms 2010) AJW Facility. If the Customer loses or damages a Unit whilst in its care, custody or control, it shall be responsible for either the cost of the Repair (if the unit is BER) or shall pay the replacement value (as defined in the Exchange Order) if the Unit has to be replaced.
13.2 The Customer agrees and warrants that title to and ownership of:
(i) Parts Sold by AJW shall remain with and be vested in AJW until AJW has received from the Customer full payment in accordance with these Standard Terms;
(ii) Parts Exchanged shall remain with and be vested in AJW until AJW has received from the Customer full payment in accordance with these Standard Terms or until such time as the Exchange Unit is installed on the Customer’s aircraft (whichever is the earlier) at which point in time AJW shall pass full legal and beneficial title to the Exchange Unit to Customer and Customer shall automatically and simultaneously pass full legal and beneficial title to and ownership of the Off Unit to AJW. In the event that an Off Unit is BER, title shall transfer in accordance with Clause 3.9;
(iii) any Loan Unit shall remain at all times with AJW, free from all liens and encumbrances other than any security interest created by or through AJW and the Customer shall have no right, title or interest in or to the Loan Unit except as authorised and permitted by these Standard Terms. The Customer agrees not to sell or pledge the Loan Unit, or to allow the Loan Unit to be the subject of any lien or encumbrance.
PASSING OF RISK AND TITLE. The Goods remain at the Supplier’s risk and title will not pass to the Principal until the Goods are delivered to, inspected by, and accepted by, the Principal at the relevant Delivery Point.
PASSING OF RISK AND TITLE. 8.1 Risk of damage to and loss of the Goods passes to the Buyer on Delivery. It is the responsibility of the Buyer to insure the Goods on and from Delivery.
8.2 Title to the Goods, whether delivered in full or in instalments, passes to the Buyer only if and when the Buyer has fully paid the Seller all amounts owing to the Seller for those Goods.
8.3 Until title passes to the Buyer, the Buyer:
(a) is a bailee of the Goods;
(b) will not remove or change the manner in which the Goods have been labelled by the Seller;
(c) will store the Goods in a manner which shows clearly that they are the property of the Seller;
(d) will not modify, change, intermix or attach the Goods to any other goods or property in any way that cannot be promptly reversed without causing damage to the Goods;
(e) holds the benefit of any insurance of the Goods on trust for the Seller and in the event the Goods are lost, damaged or destroyed, will pay the proceeds of such insurance to the Seller up to any outstanding amount owed by the Buyer under the Agreement;
(f) irrevocably authorises the Seller to enter any premises where the Goods are kept to inspect and/or recover possession of the Goods; and
(g) will not encumber or grant any interest in the Goods, by means of security or otherwise, in breach of this clause 8.3 and clause 11 (Personal Property Security).
8.4 Where the Goods are sold or used before title passes to the Buyer, any proceeds resulting from such sale or use will be held by the Buyer in a separate account on trust for the Seller until any outstanding amount owed by the Buyer under this Agreement has been fully paid to the Seller.
8.5 In the event of a default by the Buyer, the Seller may, without limiting any of its other rights or remedies, demand the immediate return of the Goods to the Seller at the Buyer’s expense or payment of proceeds
PASSING OF RISK AND TITLE. 14.1. At all times during a Repair or Overhaul, title to the Components shall remain vested in the Customer subject to AJWT’s rights under clause 9.
14.2. The Customer agrees and warrants that title to and ownership of Components Sold by AJWT shall remain with and be vested in AJWT until AJWT has received from the Customer full payment in accordance with these Standard Terms.
14.3. Any Loan Unit shall remain at all times with AJWT, free from all liens and encumbrances other than any security interest created by or through AJWT and the Customer shall have no right, title or interest in or to the Loan Unit except as authorised and permitted by these Standard Terms. The Customer agrees not to sell or pledge the Loan Unit, or to allow the Loan Unit to be the subject of any lien or encumbrance.
PASSING OF RISK AND TITLE. 13.1. All Parts are at the risk of the Customer from delivery Ex Works (Incoterms 2010) the AP&S Facility. Parts Repaired are at the risk of the Customer until received by AP&S Delivered Duty Paid (Incoterms 2010) the AP&S Facility.
13.2. The Customer agrees and warrants that title to and ownership of Parts Sold by AP&S shall remain with and be vested in AP&S until AP&S has received from the Customer full payment in accordance with these Standard Terms and the Credit Agreement.
PASSING OF RISK AND TITLE. The passing of risk and title takes place at Delivery. The passing of risk and title shall take place:
1) when the SAT has been passed in accordance with the test management plan and the acceptance test procedures, and the SATC has been signed by both Parties
2) when all the associated documentation pertaining to the Deliverables have been delivered, including training material, NATO codification numbers, etc.
PASSING OF RISK AND TITLE. 11.1 Risk shall pass on delivery.
11.2 Where Goods supplied to you are made solely out of materials or components supplied by you, you acknowledge that we have a con- tractual lien over such Goods until we receive payment in full for work undertaken by us in respect of those Goods. In case any lien is not satisfied within a reasonable time from the date upon which we first gave you notice of the exercise of our lien the Goods may be sold and the proceeds of sale applied in or towards satisfaction of every such lien and all proper charges and expenses in relation thereto and we will account to you for any surplus but you must account to us for any deficit.
11.3 Property in the Goods supplied by us shall not pass until we have received payment by cash or cleared funds of all outstanding invoic- es whether due or not due.
11.4 If you sell the Goods supplied by us before property has passed to you, pursuant to section 25 of the Sales of Goods Xxx 0000 you are able to give good title for those Goods to your sub-buyer. In this case, however, you must keep the proceeds of such a sub-sale on trust for us.
PASSING OF RISK AND TITLE. 14.1 Risk in Products shall pass to the Customer on Delivery.
14.2 Title to Products shall not pass to the Customer until the earlier of:
14.2.1 the Supplier receiving payment in full (in cash or cleared funds) for such Products and all other sums which are, or which become, due to the Supplier from the Customer for sales of Products or on any connected account, in which case title to such Products shall pass at the time of payment of all such sums; and
14.2.2 the Customer reselling those Products, in which case title to such Products shall pass to the Customer at the time specified in clause 14.4.
14.3 Until title to Products has passed to the Customer, the Customer shall:
14.3.1 store such Products separately from all other Products held by the Customer so that they remain readily identifiable as the Supplier's property;
14.3.2 not remove, deface or obscure any identifying xxxx or packaging on or relating to such Products; and
14.3.3 maintain such Products in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks with an insurer that is reasonably acceptable to the Supplier. The Customer shall obtain an endorsement of the Supplier's interest in the Products on its insurance policy, subject to the insurer being willing to make the endorsement. On request, the Customer shall allow the Supplier to inspect such Products and the insurance policy.
14.4 Subject to clause 14.5, the Customer may resell or use Products in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Products. However, if the Customer resells the Products before that time:
14.4.1 it does so as principal and not as the Supplier's agent; and
14.4.2 title to those Products shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
14.5 If before title to Products passes to the Customer the Customer (a) ceases or threatens to cease trading; or (b) the Customer is unable or the Supplier has good reason to believe that the Customer is unable to settle its debts as they fall due; or (c) the Supplier can foresee that any of these events is about to occur in relation to the Customer; or (d) or in the event of non- payment on or before the due date then, without limiting any other right or remedy the Supplier may have:
14.5.1 the Customer's right to resell Products or use them in the ordinary course of its business ceases immediately; and
14.5.2 t...
PASSING OF RISK AND TITLE. 3.1. The risk and property in the Fixtures and Fittings shall not pass to the Purchaser until the Completion Date
3.2. Notwithstanding anything hereinbefore contained to the extent that any of the Assets hereby agreed to be sold are the subject of a lease and/or hire agreements and cannot effectively be transferred to the Purchaser except with the consent of or by an agreement of novation with one or more third parties the obligation of the Vendor to transfer the same shall be conditional upon the consent of such third parties being received or (as the case may be) such novation being effected and until such consent has been received or such novation has been effected the Purchaser shall pending the transfer thereof perform all the obligations of the Vendor under such lease or hire agreement and indemnify the Vendor against all liabilities thereunder
PASSING OF RISK AND TITLE. 7.1 Title and risks shall remain with Supplier until the goods or deliverables of the services under the PO are received and accepted by 3M at the destination specified in the PO. 3M shall acquire good and marketable title to all the goods and deliverables of the services supplied under the PO, free and clear of all liens, claims or encumbrances.
