Common use of PASSING OF RISK AND TITLE Clause in Contracts

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.

Appears in 4 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions

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PASSING OF RISK AND TITLE. 13.1 12.1 All Parts are at the risk of the Customer from delivery Ex Works (Incoterms 2010) the AJW DAI Facility. Parts Repaired are at the risk of the Customer until received by AJW DAI Delivered Duty Paid (Incoterms 2010) AJW DAI 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 repair (if the unit is BERnot beyond economic repair) or shall pay the replacement value (as defined in the Exchange Order) if the Unit has to be replaced. 13.2 12.2 The Customer agrees and warrants that title to and ownership of: (i) Parts Sold by AJW DAI shall remain with and be vested in AJW DAI until AJW DAI has received from the Customer full payment in accordance with these Standard Terms; (ii) Parts Exchanged shall remain with and be vested in AJW DAI until AJW DAI 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 DAI 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;DAI. (iii) any Loan Unit shall remain at all times with AJWDAI, free from all liens and encumbrances other than any security interest created by or through AJW DAI and the Customer shall have no right, title or interest in or to the Loan Unit except as authorised authorized 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.

Appears in 3 contracts

Samples: Standard Terms Agreement, Standard Terms Agreement, Standard Terms Agreement

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.

Appears in 1 contract

Samples: Standard Terms and Conditions

PASSING OF RISK AND TITLE. 13.1 All Parts are at the risk of the Customer from delivery Ex Works (as defined in Incoterms 2010) the AJW APEX AERO LTD Facility. Parts Repaired are at the risk of the Customer until received by AJW APEX AERO LTD Delivered Duty Paid (as defined in Incoterms 2010) AJW APEX AERO LTD 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 repair (if the unit is BERnot beyond economic repair) or shall pay the replacement value (as defined in the Component Exchange OrderAgreement) 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 APEX AERO LTD shall remain with and be vested in AJW APEX AERO LTD until AJW APEX AERO LTD 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 it is installed on the Customer’s aircraft (whichever is the earlier) at which point in time, title to the Exchange Unit will automatically pass from APEX AERO LTD to the Customer; (ii) An Exchange Unit supplied by APEX AERO LTD shall remain with and be vested in APEX AERO LTD until APEX AERO LTD has received from the Customer full payment or until such time AJW as it is installed on the Customer’s aircraft (whichever is the earlier) at which point APEX AERO LTD shall pass full legal and beneficial title to the Exchange Unit to Customer and AND the 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 3.9APEX AERO LTD; (iii) any Loan Unit shall remain at all times with AJWUntil transfer of title, free from all liens and encumbrances other than any security interest created by or through AJW and the Customer holds the Exchange Unit as bailee and owes to the company the normal fiduciary obligations of a bailee by way of custody in respect thereof. (iv) The Customer acknowledges that APEX AERO LTD has the legal right to assert such lien (or any other statutory or common law liens applicable in law, foreign or domestic). (v) If the Customer fails to tender payment accrued due under any agreement with APEX AERO LTD (or any of its affiliates), APEX AERO LTD shall have no right, title or interest in or the right to withhold supply of any unit to the Loan Unit except Customer Property until such time as authorised and permitted by payment has been made. (vi) By accepting these Standard Terms. The , Customer agrees not acknowledges that it has granted a power of sale to sell APEX AERO LTD in respect of Customer’s Property in APEX AERO LTD’s possession which may be exercised by APEX AERO LTD in the event that any amount owed to APEX AERO LTD (or pledge any affiliate of APEX AERO LTD) remains payable sixty days are the Loan Unit, or to allow date of the Loan Unit to be original invoice in respect of the subject of any lien or encumbranceservices delivered.

Appears in 1 contract

Samples: Standard Terms and Conditions

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PASSING OF RISK AND TITLE. 13.1 All Parts are at the risk of the Customer from delivery Ex Works (Incoterms 2010) the AJW AJWTE Facility. Parts Repaired are at the risk of the Customer until received by AJW AJWTE Delivered Duty Paid (Incoterms 2010) AJW AJWTE Facility. If the Customer loses or damages a Unit whilst in its care, custody custody 13.2 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 13.3 The Customer agrees and warrants that title to and ownership of: (i) Parts Sold by AJW AJWTE shall remain with and be vested in AJW AJWTE until AJW AJWTE has received from the Customer full payment in accordance with these Standard Terms; (ii) Parts Exchanged shall remain with and be vested in AJW AJWTE until AJW AJWTE 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 AJWTE 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 AJWAJWTE. 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 AJWAJWTE, free from all liens and encumbrances other than any security interest created by or through AJW AJWTE 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.

Appears in 1 contract

Samples: Standard Terms and Conditions

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