Common use of PASSING OF RISK AND TITLE Clause in Contracts

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

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale

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PASSING OF RISK AND TITLE. 8.1 Risk of damage to 5.1 The risk in Products and loss of the Goods passes Buyer Property shall pass to the Buyer on Delivery. It is delivery as set forth herein. 5.2 Subject to Section 5.4, full legal, beneficial and equitable title to the responsibility of Products shall remain vested in the Seller (even though they have been delivered and risk has passed to the Buyer) until the Seller gives written notice to the Buyer to insure pass legal and beneficial ownership of the Goods on and from Delivery. 8.2 Title to the Goods, whether delivered in full or in instalments, passes Products to the Buyer only or, if earlier: (a) payment in full, in cash or cleared funds, for all the Products has been received by the Seller; and when (b) all other money payable by the Buyer has fully paid the Seller all amounts owing to the Seller for those Goodson any other account or under the Contract or any other contract or order has been received by the Seller. Seller shall have the right to file a UCC financing statement on the Products until and unless payment in full is received in accordance with the terms of these Terms and Conditions. 8.3 5.3 Until full legal, beneficial and equitable title to and property in the Products passes to the Buyer, the Buyer: (a) is the Buyer shall hold the Products on a fiduciary basis as the Seller’s bailee of and shall store the GoodsProducts at its premises, insure them without any charge to the Seller, and keep them clearly identifiable as belonging to the Seller; (b) will the Seller may, on demand and without prior notice, repossess and resell the Products if any of the events specified in Section 12.3 occurs or if any sum due to the Seller from the Buyer is not remove or change the manner in which the Goods have been labelled by paid when due and for this purpose, the Seller;, its employees, agents and sub-contractors will be entitled to unrestricted access to any premises where any of the Products are situated. (c) will store 5.4 The Seller hereby authorizes the Goods Buyer to use and/or sell the Products in a manner which shows clearly that the normal course of the Buyer’s business and to pass good title in the Products to its purchasers, if they are the property purchasers in good faith without notice of the Seller; (d) will not modify, change, intermix or attach 's rights. This right shall automatically cease on the Goods to occurrence of any other goods or property event set out in Section 12.3 and/or if any way that cannot be promptly reversed without causing damage sum owed to the Goods; Seller by the Buyer is not paid when due. If the Buyer sells the Products prior to paying the full price thereof: (ea) holds the benefit Buyer shall hold the proceeds of any insurance of the Goods sale on trust for the Seller Seller; and in the event the Goods are lost, damaged or destroyed, will pay the proceeds of such insurance (b) title to the Seller up to any outstanding amount owed by the Buyer under the Agreement; (f) irrevocably authorises Products shall pass from the Seller to enter the Buyer immediately prior to the Buyer entering into a contract for the sale of those Products. 5.5 The Seller’s rights and remedies set forth herein are in addition to and shall not in any premises where the Goods are kept to inspect and/or recover possession way prejudice, limit or restrict any of the Goods; and (g) will not encumber Seller’s other rights or grant any interest remedies under the Contract or in law or equity. The Seller shall be entitled to maintain an action against the Buyer for the price of the Products notwithstanding that legal, equitable and beneficial title to and property 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 Products has not passed 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

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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PASSING OF RISK AND TITLE. 8.1 Risk of damage to 5.1 The risk in Products and loss of the Goods passes Buyer Property shall pass to the Buyer on Delivery. It is delivery as set forth herein. 5.2 Subject to Section 5.4, full legal, beneficial and equitable title to the responsibility of Products shall remain vested in the Seller (even though they have been delivered and risk has passed to the Buyer) until the Seller gives written notice to the Buyer to insure pass legal and beneficial ownership of the Goods on and from Delivery. 8.2 Title to the Goods, whether delivered in full or in instalments, passes Products to the Buyer only or, if earlier: (a) payment in full, in cash or cleared funds, for all the Products has been received by the Seller; and when (b) all other money payable by the Buyer has fully paid the Seller all amounts owing to the Seller for those Goodson any other account or under the Contract or any other contract or order has been received by the Seller. Seller shall have the right to file a UCC financing statement on the Products until and unless payment in full is received in accordance with the terms of these Terms and Conditions. 8.3 5.3 Until full legal, beneficial and equitable title to and property in the Products passes to the Buyer, the Buyer: (a) is the Buyer shall hold the Products on a fiduciary basis as the Seller’s bailee of and shall store the GoodsProducts at its premises, insure them without any charge to the Seller, and keep them clearly identifiable as belonging to the Seller; (b) will the Seller may, on demand and without prior notice, repossess and resell the Products if any of the events specified in Section 12.3 occurs or if any sum due to the Seller from the Buyer is not remove or change the manner in which the Goods have been labelled by paid when due and for this purpose, the Seller;, its employees, agents and sub-contractors will be entitled to unrestricted access to any premises where any of the Products are situated. (c) will store 5.4 The Seller hereby authorizes the Goods Buyer to use and/or sell the Products in a manner which shows clearly that the normal course of the Buyer’s business and to pass good title in the Products to its purchasers, if they are the property purchasers in good faith without notice of the Seller; (d) will not modify, change, intermix or attach 's rights. This right shall automatically cease on the Goods to occurrence of any other goods or property event set out in Section 12.3 and/or if any way that cannot be promptly reversed without causing damage sum owed to the Goods; Seller by the Buyer is not paid when due. If the Buyer sells the Products prior to paying the full price thereof: (ea) holds the benefit Buyer shall hold the proceeds of any insurance of the Goods sale on trust for the Seller Seller; and in the event the Goods are lost, damaged or destroyed, will pay the proceeds of such insurance (b) title to the Seller up to any outstanding amount owed by the Buyer under the Agreement; (f) irrevocably authorises Products shall pass from the Seller to enter the Buyer immediately prior to the Buyer entering into a contract for the sale of those Products. 5.5 The Seller’s rights and remedies set forth herein are in addition to and shall not in any premises where the Goods are kept to inspect and/or recover possession way prejudice, limit or restrict any of the Goods; and (g) will not encumber Seller’s other rights or grant any interest remedies under the Contract or in law or equity. The Seller shall be entitled to maintain an action against the Buyer for the price of the Products notwithstanding that legal, equitable and beneficial title to and property 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 Products has not passed 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

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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