PROPERTY AND RISK. (a) Unless otherwise stated, the risk in the goods shall pass to the Buyer when the goods leave the Seller's works, but the goods shall remain the property of the Seller until paid for in full and the Buyer shall hold the goods on trust for the Seller until payment is made in full for all moneys owing by the Buyer to the Seller. (b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer shall insure the goods to their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Seller’s interest in the goods noted on the insurance policy, Until property in the goods passes to the Buyer, the Buyer shall hold the proceeds of any claim ion such insurance policy on trust for the Seller an shall forthwith account to the Seller with such proceeds. (c) If any of the goods are incorporated in or used as material for other goods along with other property belonging to the Buyer before such payment is made to the Seller, the property in the whole of such goods and other goods shall be and remain with the Seller until such payment has been made and all the Seller's rights hereunder in or in relation to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent of the Buyer. (d) The Buyer shall, until such payment is made to the Seller, store the goods separately and such as to make clear that they remain the property of the Seller. (e) All goods held by the Buyer following delivery must be stored and protected correctly. All goods supplied must be stored within a weatherproof building. (f) Before title has passed to the Buyer and without prejudice to any of its other rights the Seller shall have the right at any time to recover and resell the goods or any of them. (g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
PROPERTY AND RISK. (a) Unless otherwise stated, the risk 6.1 Notwithstanding that property in the goods Goods shall not pass to the Buyer save as provided below, the Goods shall be at the risk of the Buyer from the time of collection by or Delivery to him of the Goods or after the expiration of the rent free period referred to below, whichever is earlier save where it is agreed that the seller will deliver the Goods to the Buyer. Goods will be stored rent free for 14 days from the date of this Contract or the date of collection (if any is agreed upon) or the date when the goods leave Goods are available for collection which ever is the Seller's workslater, but after which time the goods Buyer shall remain pay rent at the rate of £20 per ton (or part thereof) per week under cover and £10 per ton (or part thereof) per week in the open. Any delay caused by the unreasonable act or default of either party to rail or road transport or craft furnished by other to be for the account of the party causing the delay.
6.2 Notwithstanding Delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller until paid to the Buyer for which payment is then due.
6.3 Until such time as the property in full and the Goods passes to the Buyer the Buyer shall hold the goods on trust as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to re-sell or use the Goods in the ordinary course of its business but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the event of tangible proceeds, properly stored, protected and insured.
6.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been re-sold) the Seller until payment is made shall be entitled at any time to require the Buyer to deliver up the Goods to Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
6.5 The Buyer shall not be entitled to pledge or in full any way charge by the way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller.
Seller shall (b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer shall insure the goods to their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Seller’s interest in the goods noted on the insurance policy, Until property in the goods passes to the Buyer, the Buyer shall hold the proceeds of any claim ion such insurance policy on trust for the Seller an shall forthwith account to the Seller with such proceeds.
(c) If any of the goods are incorporated in or used as material for other goods along with other property belonging to the Buyer before such payment is made to the Seller, the property in the whole of such goods and other goods shall be and remain with the Seller until such payment has been made and all the Seller's rights hereunder in or in relation to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent of the Buyer.
(d) The Buyer shall, until such payment is made to the Seller, store the goods separately and such as to make clear that they remain the property of the Seller.
(e) All goods held by the Buyer following delivery must be stored and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed to the Buyer and without prejudice to any other right of its other rights the Seller shall have the right at any time to recover and resell the goods or any of them.
(g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any remedy of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting Seller) forthwith become due and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwisepayable.
Appears in 1 contract
Samples: Terms and Conditions
PROPERTY AND RISK. (a) Unless otherwise stated, 9.1 The Goods shall be at the sole risk of the Customer at the time of delivery to the Customer in accordance with clause 8.1
9.2 The Supplier may mark or label the goods shall Goods to identify the Goods in any manner which the Supplier considers appropriate.
9.3 Property in and title to the Goods will not pass to the Buyer when Customer until the goods leave Price and all other amounts owed to the Seller's works, but Supplier by the goods shall remain the property of the Seller until Customer have been paid for in full and the Buyer shall Customer has complied with these Terms and until then:
a) the Customer will hold the goods Goods as trustee and agent for the Supplier;
b) the Goods must be stored separately and in a manner enabling them to be identified as Goods of the Supplier and cross-referenced to particular invoices and the Customer acknowledges that if it should process or mix the Goods with other products or items such that the Goods are no longer separately identifiable then the Customer and the Supplier will be owners in common of the new product;
c) the Customer may sell the Goods in the ordinary course of its business as trustee and agent of the Supplier and must hold the proceeds of sale in a separate account on trust for the Seller until payment is made in full Supplier and account to the Supplier for all moneys owing those proceeds; and
d) the Supplier may require the Customer to return the Goods to the Supplier or its authorised representative on demand and the Supplier may enter upon the premises of the Customer or any other premises occupied or controlled by the Buyer Customer to inspect or repossess the SellerGoods.
(b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer 9.4 The Customer shall insure the goods Goods against theft or any damage until the Price and all other amounts owed to their the Supplier by the Customer have been paid for in full value and the Customer has complied with a reputable insurance office. Upon requestthese Terms , or until the Buyer shall use reasonable endeavours Goods are sold by the Customer, whichever occurs first and the Supplier will be entitled to have the Seller’s interest in the goods noted on request for all documentation and details of the insurance policy, Until property in . If the goods passes Customer does not insure the Goods or fails to supply any documentation and details of its insurance policy as requested by the BuyerSupplier, the Buyer shall hold the proceeds of any claim ion Supplier may arrange such insurance policy on trust and the Customer will reimburse the Supplier for all costs associated with the Seller an shall forthwith account to the Seller with arranging of such proceedsinsurance.
(c) 9.5 If any of the goods Goods are incorporated damaged or destroyed prior to property in or used as material for other goods along with other property belonging and title to the Buyer before such payment is made Goods passing to the SellerCustomer, the property Customer hereby assigns to the Supplier all insurance proceeds payable to the Customer for the loss or damage to the Goods. The Customer shall at the time that it makes any claim on an insurer in the whole of such goods and other goods shall be and remain connection with the Seller until such payment has been made and all the Seller's rights hereunder in loss or in relation damage to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent Goods notify that insurer of the Buyerassignment of rights pursuant to this clause.
(d) 9.6 The Buyer shall, until such payment is made Customer agrees to the Seller, store the goods separately Goods in good and serviceable condition, and in such a manner as to make clear identify that they the Goods remain the property of the Seller.
(e) All goods held by Supplier until the Buyer following delivery must be stored conditions in clause 9.3 are met, and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed the Customer agrees to keep complete records as to the Buyer use and without prejudice sale to any third parties of its other rights the Seller shall have the right at any time to recover and resell the goods or any of themsuch Goods.
(g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise
Appears in 1 contract
Samples: Terms and Conditions
PROPERTY AND RISK. (a) Unless otherwise stated, 9.1 The Goods shall be at the sole risk of the Customer at the time of delivery to the Customer in accordance with clause 8.1
9.2 The Supplier may xxxx or label the goods shall Goods to identify the Goods in any manner which the Supplier considers appropriate.
9.3 Property in and title to the Goods will not pass to the Buyer when Customer until the goods leave Price and all other amounts owed to the Seller's works, but Supplier by the goods shall remain the property of the Seller until Customer have been paid for in full and the Buyer shall Customer has complied with these Terms and until then:
a) the Customer will hold the goods Goods as trustee and agent for the Supplier;
b) the Goods must be stored separately and in a manner enabling them to be identified as Goods of the Supplier and cross-referenced to particular invoices and the Customer acknowledges that if it should process or mix the Goods with other products or items such that the Goods are no longer separately identifiable then the Customer and the Supplier will be owners in common of the new product;
c) the Customer may sell the Goods in the ordinary course of its business as trustee and agent of the Supplier and must hold the proceeds of sale in a separate account on trust for the Seller until payment is made in full Supplier and account to the Supplier for all moneys owing those proceeds; and
d) the Supplier may require the Customer to return the Goods to the Supplier or its authorised representative on demand and the Supplier may enter upon the premises of the Customer or any other premises occupied or controlled by the Buyer Customer to inspect or repossess the SellerGoods.
(b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer 9.4 The Customer shall insure the goods Goods against theft or any damage until the Price and all other amounts owed to their the Supplier by the Customer have been paid for in full value and the Customer has complied with a reputable insurance office. Upon requestthese Terms , or until the Buyer shall use reasonable endeavours Goods are sold by the Customer, whichever occurs first and the Supplier will be entitled to have the Seller’s interest in the goods noted on request for all documentation and details of the insurance policy, Until property in . If the goods passes Customer does not insure the Goods or fails to supply any documentation and details of its insurance policy as requested by the BuyerSupplier, the Buyer shall hold the proceeds of any claim ion Supplier may arrange such insurance policy on trust and the Customer will reimburse the Supplier for all costs associated with the Seller an shall forthwith account to the Seller with arranging of such proceedsinsurance.
(c) 9.5 If any of the goods Goods are incorporated damaged or destroyed prior to property in or used as material for other goods along with other property belonging and title to the Buyer before such payment is made Goods passing to the SellerCustomer, the property Customer hereby assigns to the Supplier all insurance proceeds payable to the Customer for the loss or damage to the Goods. The Customer shall at the time that it makes any claim on an insurer in the whole of such goods and other goods shall be and remain connection with the Seller until such payment has been made and all the Seller's rights hereunder in loss or in relation damage to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent Goods notify that insurer of the Buyerassignment of rights pursuant to this clause.
(d) 9.6 The Buyer shall, until such payment is made Customer agrees to the Seller, store the goods separately Goods in good and serviceable condition, and in such a manner as to make clear identify that they the Goods remain the property of the Seller.
(e) All goods held by Supplier until the Buyer following delivery must be stored conditions in clause 9.3 are met, and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed the Customer agrees to keep complete records as to the Buyer use and without prejudice sale to any third parties of its other rights the Seller shall have the right at any time to recover and resell the goods or any of themsuch Goods.
(g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise
Appears in 1 contract
Samples: Conditions of Sale
PROPERTY AND RISK. (a) Unless otherwise stated, 9.1 The Goods shall be at the sole risk of the Customer at the time of delivery to the Customer in accordance with clause 8.1
9.2 The Supplier may mark or label the goods shall Goods to identify the Goods in any manner which the Supplier considers appropriate.
9.3 Property in and title to the Goods will not pass to the Buyer when Customer until the goods leave Price and all other amounts owed to the Seller's works, but Supplier by the goods shall remain the property of the Seller until Customer have been paid for in full and the Buyer shall Customer has complied with these Terms and until then:
a) the Customer will hold the goods Goods as trustee and agent for the Supplier;
b) the Goods must be stored separately and in a manner enabling them to be identified as Goods of the Supplier and cross-referenced to particular invoices and the Customer acknowledges that if it should process or mix the Goods with other products or items such that the Goods are no longer separately identifiable then the Customer and the Supplier will be owners in common of the new product;
c) the Customer may sell the Goods in the ordinary course of its business as trustee and agent of the Supplier and must hold the proceeds of sale in a separate account on trust for the Seller until payment is made in full Supplier and account to the Supplier for all moneys owing those proceeds; and
d) the Supplier may require the Customer to return the Goods to the Supplier or its authorised representative on demand and the Supplier may enter upon the premises of the Customer or any other premises occupied or controlled by the Buyer Customer to inspect or repossess the Seller.Goods. CONDITIONS OF SALE August, 20 2020
(b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer 9.4 The Customer shall insure the goods Goods against theft or any damage until the Price and all other amounts owed to their the Supplier by the Customer have been paid for in full value and the Customer has complied with a reputable insurance office. Upon requestthese Terms , or until the Buyer shall use reasonable endeavours Goods are sold by the Customer, whichever occurs first and the Supplier will be entitled to have the Seller’s interest in the goods noted on request for all documentation and details of the insurance policy, Until property in . If the goods passes Customer does not insure the Goods or fails to supply any documentation and details of its insurance policy as requested by the BuyerSupplier, the Buyer shall hold the proceeds of any claim ion Supplier may arrange such insurance policy on trust and the Customer will reimburse the Supplier for all costs associated with the Seller an shall forthwith account to the Seller with arranging of such proceedsinsurance.
(c) 9.5 If any of the goods Goods are incorporated damaged or destroyed prior to property in or used as material for other goods along with other property belonging and title to the Buyer before such payment is made Goods passing to the SellerCustomer, the property Customer hereby assigns to the Supplier all insurance proceeds payable to the Customer for the loss or damage to the Goods. The Customer shall at the time that it makes any claim on an insurer in the whole of such goods and other goods shall be and remain connection with the Seller until such payment has been made and all the Seller's rights hereunder in loss or in relation damage to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent Goods notify that insurer of the Buyerassignment of rights pursuant to this clause.
(d) 9.6 The Buyer shall, until such payment is made Customer agrees to the Seller, store the goods separately Goods in good and serviceable condition, and in such a manner as to make clear identify that they the Goods remain the property of the Seller.
(e) All goods held by Supplier until the Buyer following delivery must be stored conditions in clause 9.3 are met, and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed the Customer agrees to keep complete records as to the Buyer use and without prejudice sale to any third parties of its other rights the Seller shall have the right at any time to recover and resell the goods or any of themsuch Goods.
(g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise
Appears in 1 contract
Samples: Conditions of Sale
PROPERTY AND RISK. (a) Unless otherwise stated, the risk in the goods Risk shall pass to the Buyer when on delivery and the goods leave Goods should be insured accordingly.
(i) Property (both legal and beneficial) in the Seller's works, but the goods Goods shall remain in the property of Company until all sums owing to the Seller until paid for in full Company whether under the Contract or any other contract at any time between the Company and the Buyer shall hold made prior to the goods on trust date of the Contract or which may arise at any time before payment for the Seller until payment Goods is made under the Contract ("the Indebtedness") shall have been paid in full for all moneys owing by the Buyer full. Until such time, and subject to the Seller.
(b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer shall insure the goods to their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Seller’s interest in the goods noted on the insurance policy, Until property in the goods passes to the Buyerprovisions hereof, the Buyer shall hold the Goods as bailee for the Company and shall store the Goods in a separate and identifiable form as being the Goods of the Company
(ii) The Buyer until otherwise notified by the Company or on the happening of any of the events specified in (ix) ("the Events") may in the ordinary course of its business offer for sale and sell the Goods, or any new product created by the Goods being admixed or converted into new goods ("the New Products") at the best obtainable price as a principal vis a vis sub-buyers and not as the agent of the Company. Prior to any such sub-sale of the Goods or the New Products the Buyer shall first notify the Company of its intention to sell the Goods or the New Products.
(iii) The entire proceeds of any claim ion such insurance policy on trust for sub-sale of the Seller an Goods or the New Products shall forthwith account belong legally and beneficially to the Seller Company subject to the provisions hereinafter set out and unless the Company demands payment of such proceeds of sale to be made directly to it, the Buyer shall pay the entire proceeds of sale into a separate interest bearing bank account in the name of the Company or if the Company gives its prior written consent the Buyer shall be entitled to place and maintain the proceeds of sale otherwise than by depositing the same in a designated bank account and shall ensure that all such proceeds are kept by or on behalf of the Company in a separate identifiable form.
(iv) In particular, but without prejudice to the generality of the foregoing the Buyer shall not pay the proceeds of sale into any bank account which is overdrawn.
(v) Forthwith upon receipt of the proceeds of sale the Buyer shall be liable to pay on demand to the Company the whole of the proceeds of sale subject to the Company undertaking to repay or set-off any balance remaining after payment in full of the Indebtedness and shall not use or deal with the proceeds of sale in anyway whatsoever until the Indebtedness has been paid in full.
(vi) If so required by the Company, the Buyer shall upon receipt of written notice from the Company, assign to the Company the benefit of all contracts made with third parties in respect of sub-sales of the Goods or the New Products.
(vii) If the Goods are not readily identifiable and removable from the products and materials of the Buyer forming the New Products, the legal and beneficial ownership of the New Products and the property therein shall vest in the Company subject to the following provisions.
(viii) Upon any sale of the New Products by the Company, if the proceeds of sale exceed the price or the balance of the price or the value of the Goods owing to the Company by the Buyer, the Company shall apply the balance of the proceeds of sale as follows :
(a) First in reimbursing the Company all costs and expenses incurred in the taking of possession and sale of the New Products;
(b) Secondly, in paying any amount due and owing to other creditors of the Buyer in respect of other products or materials incorporated in the manufacture of the New Products but only where the ownership of such proceeds.products or materials has been successfully reserved by such creditors and the claims of such creditors have been notified to the Buyer or the Liquidator, administrator or administrative receiver of the Buyer;
(c) If Thirdly, in paying any balancing amount remaining in respect of products or materials provided by the Buyer which were incorporated into the New Products.
(ix) The Events are : -
(A) the giving of any notice to the Buyer that a receiver, manager, administrative receiver, supervisor, nominee or administrator is to be or has been appointed over any of the goods are incorporated in or used as material for other goods along with other property belonging to orassets of the Buyer before such payment or that a petition to wind up the Buyer is made to the Seller, the property in the whole of such goods and other goods shall be and remain with the Seller until such payment or has been presented or that an application for an administration order is to be or has been made and all the Seller's rights hereunder in or in relation of any notice of a resolution to the goods shall extend to those other goods. This shall be so whether such goods have remained with wind up the Buyer (save for the purposes of a bona fide reconstruction or amalgamation);
(B) a decision by the Buyer that the Buyer intends to make any arrangement or composition with its creditors generally;
(C) where the Buyer pursuant to Section 123 or 268 of the Insolvency Act 1986 appears to be unable to pay a debt or appears to have been delivered onwards no reasonable prospect of being able to pay a customer debt;
(D) any distress or agent execution levied or threatened to be levied on any property or assets of the Buyer;
(E) the inability of the Buyer to pay its debts as they fall due.
(dx) The Buyer shall, until such payment is made to On Receipt of notification from the Seller, store Company under (ii) or on the goods separately and such as to make clear that they remain the property happening of any of the Seller.
(e) All goods held by Events, the power of sale of the Buyer following delivery must be stored in respect of the Goods or the New Products shall cease and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed to the Buyer and without prejudice shall immediately deliver the Goods and/or the New Products to any such address as the Company shall specify in default of its other rights which, or in the Seller alternative, the Company shall have the right at to enter on any time to recover and resell premises or land in the goods ownership control or any possession of them.
(g) The the Buyer who shall indemnify the Company on a full indemnity basis against all loss, damage, costs or expenses so arising including loss, damage, costs or expenses in respect of third party claims. For the avoidance of doubt the Buyer hereby grants an irrevocable right unconditionally and licence to irrevocably authorises the Seller and Company or its servants and nominated agents or representatives to enter into or upon all premises or any land in the ownership possession or control of the Buyer’s premises with or without vehicles during normal business hours Buyer for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights re-possession of the Seller under such contracts Goods or otherwisethe New Products.
Appears in 1 contract
Samples: Conditions of Sale
PROPERTY AND RISK. (a) Unless otherwise stated, The goods shall be at the sole risk in of the Customer as soon as they are dispatched from the Supplier’s premises.
(b) The Supplier will remain the legal and equitable owner of the goods shall pass until the fully contractually agreed payment has been received by the Supplier in respect of all goods supplied and all other amounts owed by the Customer to the Buyer when the goods leave the Seller's works, but the goods shall remain the property of the Seller until Supplier have been paid for in full and until then:
(i) the Buyer shall Customer will hold the goods as fiduciary and bailee for the Supplier;
(ii) the Customer must retain the goods in good and merchantable condition;
(iii) the Customer will store the goods separately and in a manner enabling them to be identified as goods of the Supplier and cross-referenced to particular invoices and the Customer acknowledges that if it should process or mix the goods with other products or items such that the goods are no longer separately identifiable then the Customer and the Supplier will be owners in common of the new product;
(iv) the Customer may sell the goods in the ordinary course of its business as bailee for the Supplier and will hold the proceeds of sale in a separate account on trust for the Seller until payment is made in full for all moneys owing by the Buyer Supplier and account to the Seller.Supplier for those proceeds; and
(bv) From the time Supplier may require the goods leave the Seller’s works until property in the goods passes Customer to the Buyer in accordance with Condition 7 (a), the Buyer shall insure return the goods to their full value with a reputable insurance office. Upon request, it on demand and may enter upon the Buyer shall use reasonable endeavours premises of the Customer to have inspect or repossess the Seller’s interest in the goods noted on the insurance policy, Until property in the goods passes to the Buyer, the Buyer shall hold the proceeds of any claim ion such insurance policy on trust for the Seller an shall forthwith account to the Seller with such proceedsgoods.
(c) If The Customer expressly and irrevocably agrees that the Supplier is entitled to enter any of the goods premises where they are incorporated in located to take possession, repossess, remove and sell such goods. The Customer, its successors and assigns (including any external manager or used as material for other goods along with other property belonging administrator) shall not object to the Buyer before such payment is made Supplier, or its agents, entering any premises for the purpose of this clause and agrees to indemnify and keep the SellerSupplier indemnified in respect of any claims, actions and costs that may arise against the property in the whole of such goods and other goods shall be and remain with the Seller until such payment has been made and all the Seller's rights hereunder in or Supplier in relation to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent removal, repossession and sale of the Buyer.goods pursuant to the Terms and Conditions including any claims brought by third parties
(d) The Buyer shall, Customer shall insure the goods against theft or any damage until such payment is made goods have been paid for or until they are sold by the Customer whichever occurs first and the Supplier will be entitled to the Seller, store the goods separately and such as to make clear that they remain the property call for details of the Sellerinsurance policy.
(e) All goods held by If the Buyer following delivery must be stored and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed to the Buyer and without prejudice to any of its other rights the Seller shall have the right at any time to recover and resell Customer does not insure the goods or fails to supply details of its insurance policy, the Customer will reimburse the Supplier for the cost of any insurance which the Supplier may reasonably arrange in respect of them.
(g) The Buyer hereby grants an irrevocable right and licence the goods supplied to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwiseCustomer.
Appears in 1 contract
Samples: Terms and Conditions