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
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Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale
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
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PASSING OF RISK AND TITLE. 8.1 Risk 13.1 All Parts are at the risk of damage the Customer from delivery Ex Works (as defined in Incoterms 2010) the APEX AERO LTD Facility. Parts Repaired are at the risk of the Customer until received by APEX AERO LTD Delivered Duty Paid (as defined in Incoterms 2010) 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 (if the unit is not beyond economic repair) or shall pay the replacement value (as defined in the Component Exchange Agreement) if the Unit has to be replaced.
13.2 The Customer agrees and warrants that title 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 Buyerownership of:
(ai) Parts Sold 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 as it is a bailee of installed on the GoodsCustomer’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;
(bii) will not remove 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 change until such time as it is installed on the manner in Customer’s aircraft (whichever is the earlier) at which point APEX AERO LTD shall pass full legal and beneficial title to the Goods have been labelled by Customer AND the SellerCustomer shall automatically and simultaneously pass full legal and beneficial title to and ownership of the Off Unit to APEX AERO LTD;
(ciii) will store Until transfer of title, the Goods Customer holds the Exchange Unit as bailee and owes to the company the normal fiduciary obligations of a bailee by way of custody in a manner which shows clearly that they are the property of the Seller;respect thereof.
(div) will not modify, change, intermix The Customer acknowledges that APEX AERO LTD has the legal right to assert such lien (or attach the Goods to any other goods statutory or property common law liens applicable in law, foreign or domestic).
(v) If the Customer fails to tender payment accrued due under any way that cannot be promptly reversed without causing damage agreement with APEX AERO LTD (or any of its affiliates), APEX AERO LTD shall have the right to withhold supply of any unit to the Goods;Customer Property until such time as payment has been made.
(evi) holds the benefit By accepting these Standard Terms, Customer acknowledges that it has granted a power of any insurance sale to APEX AERO LTD in respect of the Goods on trust for the Seller and Customer’s Property in APEX AERO LTD’s possession which may be exercised by APEX AERO LTD in the event the Goods are lost, damaged or destroyed, will pay the proceeds of such insurance to the Seller up to that any outstanding amount owed by to APEX AERO LTD (or any affiliate of APEX AERO LTD) remains payable sixty days are 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 date of the Goods; and
(g) will not encumber or grant any interest original invoice 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 respect of the Goods to the Seller at the Buyer’s expense or payment of proceedsservices delivered.
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Samples: Standard Terms and Conditions
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
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