PASSING OF TITLE. (A) Upon the Auctioneer's call of "SOLD", title of the offered lot will pass to the highest Bidder acknowledged by the Auctioneer, subject to the conditions set forth here, and such Bidder thereupon (a) assumes full risk and responsibility therefor and neither the Seller no Xxxxxxx- Xxxxxxx or its agents shall be responsible for the loss of, or any damage to any article due to the theft, fire, breakage or any cause whatsoever, however occasioned, (b) will sign a confirmation of purchase thereof, and (c) will thereupon pay the full purchase thereof. All property must be removed form our premises by the Purchaser at their expense no later than 72 hours following the completion of the sale, and if it is not so removed, a handling charge of 10% (ten percent) of the purchase price will be payable by the Purchaser per month, until its removed, with minimum of 20% (TWENTY PERCENT) for any property not so removed within 60 days after the sale. After 90 days, Xxxxxxx-Xxxxxxx may dispose of the property. PURCHASER HEREBY WAIVES ALL REQUIREMENTS OF NOTICE, ADVERTISEMENT AND DISPOSITION OF PROCEEDS REQUIRED BY LAW, AND RELEASES XXXXXXX-XXXXXXX FROM ANY LIABILITIES WHATSOEVER IN CONNECTION WITH SUCH DISPOSAL.
PASSING OF TITLE. (A) Upon the Auctioneer's call of "SOLD", title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth here, and such bidder or Buyer thereupon: (a) assumes full risk and responsibility therefor and neither the Seller no Xxxxxxx-Xxxxxxx or its agents shall be responsible for the loss of, or any damage to any article due to the theft, fire, breakage or any cause whatsoever, however occasioned, (b) will sign a confirmation of purchase thereof, and
PASSING OF TITLE. 5.1 Notwithstanding the passing of risk in accordance with clause 4.1, title in the Goods shall not pass to the Buyer until payment in full has been received by the Seller for all Goods and for all other amounts outstanding from the Buyer to the Seller on any account whatsoever.
5.2 The Buyer is hereby licensed by the Seller to use or to agree to sell the Goods subject to the express condition that:
5.2.1 any sale by the Buyer of the Goods whether or not incorporated into other goods shall be made as agent on behalf of the Seller;
5.2.2 the percentage of the proceeds of sale made by the Buyer pursuant to clause 5.2.1 which relates to the invoice price of the Goods sold shall be paid into a separate bank account and held in trust for the Seller and shall not be mixed with other monies or paid into an overdrawn bank account and shall at all times be identified as the Seller’s monies.
5.3 Until title to the Goods passes:-
5.3.1 The Buyer will hold the Goods as fiduciary agent and bailee for the Seller;
5.3.2 Subject to clause 5.2 the Goods shall be kept separate and distinct from all other property of the Buyer or of any third party and shall be stored (at no cost to the Seller) in such a way as to be clearly identifiable as belonging to the Seller;
5.3.3 The Seller may at any time revoke the power of sale and use contained in clause 5.2 by notice to the Buyer if the Buyer is in default for longer than 14 days in the payment of any sum whatsoever due to the Seller in respect of any Goods or if the Seller has bona fide doubts as to the solvency of the Buyer;
5.3.4 The Buyer’s power of sale and use contained in clause 5.2 shall automatically cease if the Buyer has a petition presented for its winding-up or passes a resolution for voluntary winding up other than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or becomes bankrupt or insolvent or enters into any arrangement with creditors or suffers from any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law;
5.3.5 Upon determination of the Buyer’s power of sale and use pursuant to clauses 5.3.3 or 5.
3.4 the Buyer shall place any unsold Goods in its possession or under its control at the disposal of the Seller and the Buyer hereby authorises the Seller using such force as may be reasonably necessary to enter upon the premises of the Buyer fo...
PASSING OF TITLE. 27.1 To the extent already paid for by the Managers using funds specifically provided by the Owners for such a purpose, title to any goods, materials or supplies purchased by the Managers for use in the performance of this Agreement shall belong to the Owners.
27.2 Upon termination of this Agreement all such goods, materials or supplies in the hands of the Managers shall be delivered to the Vessel or if requested by the Owners the Managers shall sell or dispose of such goods, materials or supplies at such price, terms and conditions as may be approved by the Owners and remit the proceeds thereof less any expenses incurred in selling or disposing of such goods to an account of the Owners, to be advised separately in writing to the Managers.
PASSING OF TITLE. Property in any Warrant-based Commodity shall pass at the time the Warrant is delivered. In any other case, unless otherwise agreed in writing, property shall pass upon delivery of the commodity. Notwithstanding the foregoing, in any Transaction under which you purchase a commodity, property in the commodity shall remain with us until we have received full payment for it.
PASSING OF TITLE. The Seller reserves the right of ownership for all deliveries made and services rendered under the contract until payment of the contract price has been made in full by the BUYER. The Buyer shall co-operate in any measures necessary for the protection of Buyer’s title, in particular reservation of title in the required form in public registers or similar records, all in accordance with relevant laws.
PASSING OF TITLE. (A) Upon the fall of the Auctioneer’s hammer, title of the offered Lot will pass to the highest Bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time Buyer: (i) assumes full risk and responsibility for the Lot and neither BJAC nor its agents shall be responsible for the loss of, or any damage to, any article due to theft, fire, breakage or any cause whatsoever; (ii) will sign the contract of sale confirming purchase of the Lot and any related purchase documents; (iii) will pay the full purchase price plus applicable commission;
PASSING OF TITLE. The Seller shall pass to the Purchaser legal and beneficial title to the Aircraft free and clear of all Third Party Interests on the Delivery Date immediately after receipt by the Seller of:
(a) the Purchase Price; and
(b) the other items referred to in clause 4.3.
PASSING OF TITLE. Title to, and risk of loss of, Refined Gold shall pass from the Seller to the Buyer at the Time of Delivery. The Seller represents, warrants and covenants to the Buyer that, immediately prior to each Time of Delivery:
(i) it will be the legal and beneficial owner of the Refined Gold credited or physically allocated to the designated metal account of the Buyer;
(ii) it will have good, valid and marketable title to such Refined Gold; and
(iii) such Refined Gold will be free and clear of all Encumbrances.
PASSING OF TITLE. Title to all material and equipment provided by Supplier as part of the System shall pass to System Owner upon the earlier of (a) the date of the Bxxx of Sale, (b) Substantial Completion and (c) the termination of this Agreement. Supplier shall execute instruments and documents effecting such transfer upon request by System Owner. Pending the passage of title, Supplier shall, upon request by System Owner, (y) grant a security interest to System Owner or its designee(s) in any such material and equipment for which Supplier has received payment and (z) execute and file (or authorize the execution and filing of) any document or instruments reasonably required to create and perfect such security interest.
