Reservation of ownership. 8.1 ACO reserves the right of ownership, copyright and exploitation rights for all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided to the CUSTOMER. Documents of a confidential nature must not be made available to third parties without ACO’S prior written consent. Should the CUSTOMER not place an order with ACO or cancel the AGREEMENT, the CUSTOMER shall return the documents immediately upon ACO’S request. Information provided in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACO. 8.2 ACO shall retain title to the GOODS (GOODS supplied under reservation of ownership) until full payment of all amounts owed for whatever legal reason including future amounts owed or contingent amounts owed, also from contracts concluded at the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts owed. 8.3 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment ACO may elect without detracting from other remedies which may be available to it, to continue with the AGREEMENT or to cancel it and cancel the sale of any further GOODS to the CUSTOMER and to rely on the provisions of this clause 8 to repossess those GOODS sold and delivered by ACO to the CUSTOMER or to claim specific performance of all the CUSTOMER’S obligations whether or not such obligations would otherwise have fallen due for performance, in either event, without prejudice to ACO’S rights to claim damages. 8.4 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment, the CUSTOMER shall deliver the GOODS to ACO upon receipt of notice by the CUSTOMER from ACO, without undue delay. 8.5 The CUSTOMER herewith assigns the amounts owed to it from the resale of the GOODS subject to reservation of ownership of ACO. Such amounts owed shall serve ACO as a security to the same extent as the GOODS under reservation of ownership. If the CUSTOMER sells the GOODS subject to reservation of ownership together with the GOODS not sold to it by ACO, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO only in such amounts as corresponds to the resale value of the GOODS delivered by ACO. 8.6 The CUSTOMER shall be entitled to collect the amounts due to it from the resale of the GOODS until revoked by ACO. ACO may revoke such entitlement at any time. The CUSTOMER shall not assign the amounts owed to it – this shall also apply to the sale of accounts receivable to factoring banks - without ACO’s prior written permission. Upon ACO’S request, the CUSTOMER shall be obliged to notify its own customers of such assignment, unless ACO itself decided to do so, and to provide the information and documents required for collection by ACO. 8.7 In case of payment by cheque, the ownership of the cheque shall pass to ACO as soon as the CUSTOMER acquires ownership of the cheque. In case of payment by xxxx of exchange, the CUSTOMER shall assign its rights arising therefrom in advance to ACO. The handing over of such documents shall be replaced by the CUSTOMER’S keeping them in safe custody for ACO or, in case the CUSTOMER does not obtain immediate possession of such documents, by the CUSTOMER’S hereby assigning its claim for return against third parties in advance to ACO. The CUSTOMER shall hand over such documents bearing the CUSTOMER’S endorsement immediately to ACO.
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Samples: General Terms and Conditions
Reservation of ownership. 8.1 ACO reserves the right 6.1 The Seller shall reserve ownership of ownershipall Goods delivered, copyright and exploitation rights for until receipt of all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided payments due to the CUSTOMERSeller have been paid in full. Documents of a confidential nature must not be made available to third parties without ACO’S prior written consent. Should the CUSTOMER not place an order with ACO or cancel the AGREEMENTFurther, the CUSTOMER shall return Seller reserves ownership of retained Goods until the documents immediately upon ACO’S request. Information provided Purchaser has paid all amounts due to the Seller in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACOfull.
8.2 ACO shall retain title to the GOODS (GOODS supplied under reservation of ownership) until full payment of all amounts owed for whatever legal reason including future amounts owed or contingent amounts owed, also from contracts concluded at the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts owed.
8.3 6.2 In the event that the CUSTOMER acts contrary Purchaser defaults in payment, the Purchaser shall return the Goods to the terms Seller upon demand by the Seller, without undue delay. In addition hereto the Seller shall be entitled, but not obligated, to collect the Goods from wherever such Goods are located without the need of a Court order authorising the CONTRACT in any way or defaults in payment ACO collection. In this regard the Purchaser hereby irrevocably authorises the Seller to enter upon the Purchaser’s premises to take possession of such Goods.
6.3 The Seller may elect without detracting retracting from other any other remedies which may be available to it, :
6.3.1 to continue with the AGREEMENT or agreement between the Parties;
6.3.2 to cancel it and cancel the sale of any further GOODS Goods to the CUSTOMER Purchaser and to rely on the provisions of this clause 8 to repossess those GOODS Goods sold and delivered by ACO the Seller to the CUSTOMER Purchaser;
6.3.3 or to claim specific performance of all the CUSTOMER’S Purchaser’s obligations whether or not such obligations would otherwise have fallen due for performance, performance in either event, without prejudice to ACO’S the Seller’s rights to claim damages.
8.4 In 6.4 The Purchaser undertakes to handle the event that delivery items with care and is obliged to insure them adequately at the CUSTOMER acts contrary reinstatement value against damage caused by fire, water, and theft at the Purchaser’s expense until such time as all amounts owed to the terms Seller have been paid in full.
6.5 In case of the CONTRACT in any way attachments or defaults in paymentother intervention by third parties, the CUSTOMER Purchaser shall deliver inform the GOODS to ACO upon receipt of notice by the CUSTOMER from ACO, Seller in writing without undue delay.. The Purchaser shall be liable to the
8.5 6.6 The CUSTOMER Purchaser herewith assigns the amounts owed to it from the resale of the GOODS Goods subject to reservation of ownership of ACOthe Seller. Such amounts owed shall serve ACO the Seller as a security to the same extent as the GOODS Goods under reservation of ownership. If .
6.7 Any processing, altering or manufacturing of the CUSTOMER sells Goods under the GOODS subject to reservation Seller’s retention of ownership together with by the GOODS Purchaser shall be for the benefit of the Seller, without committing the Seller to any obligations in any way and until such time as the Goods have been paid for in full. Should items be utilised by the Purchaser which do not sold belong to it by ACOthe Seller, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO only in such amounts as corresponds to the resale value of the GOODS delivered by ACO.
8.6 The CUSTOMER Seller shall be entitled to collect co-ownership in the amounts due to it from the resale new object in proportion of the GOODS until revoked by ACO. ACO may revoke such entitlement at any time. The CUSTOMER shall not assign the amounts owed to it – this shall also apply to the sale of accounts receivable to factoring banks - without ACO’s prior written permission. Upon ACO’S request, the CUSTOMER shall be obliged to notify its own customers of such assignment, unless ACO itself decided to do so, and to provide the information and documents required for collection by ACO.
8.7 In case of payment by cheque, the ownership Invoice value of the cheque shall pass to ACO as soon as the CUSTOMER acquires ownership of the cheque. In case of payment by xxxx of exchange, the CUSTOMER shall assign its rights arising therefrom in advance to ACO. The handing over of such documents shall be replaced by the CUSTOMER’S keeping them in safe custody for ACO or, in case the CUSTOMER does not obtain immediate possession of such documents, by the CUSTOMER’S hereby assigning its claim for return against third parties in advance to ACO. The CUSTOMER shall hand over such documents bearing the CUSTOMER’S endorsement immediately to ACOGoods.
Appears in 1 contract
Reservation of ownership. 8.1 9.1 ACO reserves the right of ownership, copyright and exploitation rights for all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided to the CUSTOMER. Documents of a confidential nature must not be made available to third parties without ACO’S prior written consent. Should the CUSTOMER not place an order with ACO or cancel the AGREEMENT, the CUSTOMER shall return the documents immediately upon ACO’S request. Information provided in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACO.
8.2 9.2 ACO shall retain title to the GOODS (GOODS supplied under reservation of ownership) until full payment of all amounts owed for whatever legal reason including future amounts owed or contingent amounts owed, also from contracts concluded at the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts owed.
8.3 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment 9.3 ACO may elect without detracting from other remedies which may be available to it, to continue with the AGREEMENT or to cancel it and cancel the sale of any further GOODS to the CUSTOMER and to rely on the provisions of this clause 8 to repossess those GOODS sold and delivered by ACO to the CUSTOMER or to claim specific performance of all the CUSTOMER’S obligations whether or not such obligations would otherwise have fallen due for performance, in either event, without prejudice to ACO’S rights to claim damages.
8.4 9.4 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment, the CUSTOMER shall deliver the GOODS to ACO upon receipt of notice by the CUSTOMER from ACO, without undue delay.
8.5 9.5 The CUSTOMER herewith assigns the amounts owed to it from the resale of the GOODS subject to reservation of ownership of ACOLAYER. Such amounts owed shall serve ACO as a security to the same extent as the GOODS under reservation of ownership. If the CUSTOMER sells the GOODS subject to reservation of ownership together with the GOODS not sold to it by ACO, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO only in such amounts as corresponds to the resale value of the GOODS delivered by ACO.. ACO Systems (Pty) Ltd 000 Xxxx Xxxx Xxxxxxxxx 0000, X.X. Xxx 00000 Xxxxxxxxx 0000. Nedbank Ltd Account Number: 1026074800 Branch Code: 00000000 Swift Code: XXXXXXXX Registration No: 2012/065757/07 VAT No: 4960262071 Directors: Jens-Xxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxx Giorgio Xxxxxx Xxxxxxxxx Tel: (+00) 00 000 0000 Fax: (+00)000000000 Email:xxxx@xxx.xx.xx Website: xxx.xxx.xx.xx
8.6 9.6 The CUSTOMER shall be entitled to collect the amounts due to it from the resale of the GOODS until revoked by ACO. ACO may revoke such entitlement at any time. The CUSTOMER shall not assign the amounts owed to it – this shall also apply to the sale of accounts receivable to factoring banks - without ACO’s prior written permission. Upon ACO’S request, the CUSTOMER shall be obliged to notify its own customers of such assignment, unless ACO itself decided to do so, and to provide the information and documents required for collection by ACO.
8.7 9.7 In case of payment by cheque, the ownership of the cheque shall pass to ACO as soon as the CUSTOMER acquires ownership of the cheque. In case of payment by xxxx of exchange, the CUSTOMER shall assign its rights arising therefrom in advance to ACO. The handing over of such documents shall be replaced by the CUSTOMER’S keeping them in safe custody for ACO or, in case the CUSTOMER does not obtain immediate possession of such documents, by the CUSTOMER’S hereby assigning its claim for return against third parties in advance to ACO. The CUSTOMER shall hand over such documents bearing the CUSTOMER’S endorsement immediately to ACO.
Appears in 1 contract
Samples: General Terms and Conditions of Sale
Reservation of ownership. 8.1 ACO reserves the right of ownership, copyright and exploitation rights for all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided to the CUSTOMER9.1. Documents of a confidential nature must not be made available to third parties without ACO’S prior written consent. Should the CUSTOMER not place an order All Lilliputiens' Products are supplied with ACO or cancel the AGREEMENT, the CUSTOMER shall return the documents immediately upon ACO’S request. Information provided in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACO.
8.2 ACO shall retain title to the GOODS (GOODS supplied under reservation of ownership) .
9.2. The transfer of ownership of the Products is suspended until complete payment of their price is made by the Distributor, including additional costs, even if payment extensions are granted. Any contradictory clause, especially in the general terms and conditions of purchase, shall be deemed null and void.
9.3. It is expressly agreed that Lilliputiens can extend the rights which it possess by virtue of this reservation of ownership clause to all of the Distributor's debts which Lilliputiens holds and may consequently recover or request from the Distributor all products which remain in its ownership as a result of a non-payment, without prejudice to its right to terminate sales in progress. The recovery of Products by Lilliputiens will be carried out at the expense of the Distributor, which it hereby accepts.
9.4. The Distributor undertakes, until full payment of all amounts owed for whatever legal reason including future amounts owed the price, not to handle the Products in such a way as to harm the reservation of ownership. Failure to comply with this will result in the immediate recall of the Products by Lilliputiens. The Distributor also undertakes to inform Lilliputiens immediately of any collateral, seizure or contingent amounts owed, also from contracts concluded at any other intervention by a third party on the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts oweddelivered Products.
8.3 9.5. In the event of non-payment of an invoice on the due date, Lilliputiens has the right to demand the termination of a sale by issue of a formal demand. Equally, Lilliputiens may, unilaterally, after issuing a formal demand, produce or order the production of an inventory of Products held by the Distributor, which undertakes to allow free access to its warehouses, stores or other storage premises for this purpose. The Distributor shall ensure that the Lilliputiens Products remain identifiable.
9.6. In the event that the CUSTOMER acts contrary Distributor opens insolvency or liquidation proceedings, Lilliputiens reserves the right to recall the Products in stock.
9.7. However, all risks of loss, theft or deterioration in respect of the Products sold and any damage they might incur are transferred to the terms of the CONTRACT in any way or defaults in payment ACO may elect without detracting from other remedies which may be available to it, to continue with the AGREEMENT or to cancel it and cancel the sale of any further GOODS to the CUSTOMER and to rely on the provisions of this clause 8 to repossess those GOODS sold and delivered by ACO to the CUSTOMER or to claim specific performance of all the CUSTOMER’S obligations whether or not such obligations would otherwise have fallen due for performance, in either event, without prejudice to ACO’S rights to claim damages.
8.4 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment, the CUSTOMER shall deliver the GOODS to ACO upon receipt of notice by the CUSTOMER from ACO, without undue delay.
8.5 The CUSTOMER herewith assigns the amounts owed to it from the resale of the GOODS subject to reservation of ownership of ACO. Such amounts owed shall serve ACO as a security to the same extent as the GOODS under reservation of ownership. If the CUSTOMER sells the GOODS subject to reservation of ownership together with the GOODS not sold to it by ACO, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO only in such amounts as corresponds to the resale value of the GOODS delivered by ACO.
8.6 The CUSTOMER shall be entitled to collect the amounts due to it from the resale of the GOODS until revoked by ACO. ACO may revoke such entitlement at any time. The CUSTOMER shall not assign the amounts owed to it – this shall also apply to the sale of accounts receivable to factoring banks - without ACO’s prior written permission. Upon ACO’S request, the CUSTOMER shall be obliged to notify its own customers of such assignment, unless ACO itself decided to do so, and to provide the information and documents required for collection by ACO.
8.7 In case of payment by cheque, the ownership of the cheque shall pass to ACO Distributor as soon as the CUSTOMER acquires ownership of the cheque. In case of payment by xxxx of exchange, the CUSTOMER shall assign its rights arising therefrom in advance to ACO. The handing over of such documents shall be replaced by the CUSTOMER’S keeping them in safe custody for ACO or, in case the CUSTOMER does not obtain immediate possession of such documents, by the CUSTOMER’S hereby assigning its claim for return against third parties in advance to ACO. The CUSTOMER shall hand over such documents bearing the CUSTOMER’S endorsement immediately to ACOthey are delivered.
Appears in 1 contract
Samples: General Terms and Conditions of Sale
Reservation of ownership. 8.1 ACO 11.1 Notwithstanding delivery of any goods and the passing of risk, ownership and title to the GOODS, shall not pass until the CONTRACT PRICE has been paid in full. Until the date of transfer of ownership, the customer will not do or omit to do anything, which may adversely affect ORIGINBLU’S proprietary rights in and to the GOODS. Without limiting the generality of the aforegoing, the CUSTOMER shall notify its Landlord (if applicable) that the GOODS are owned by the ORIGINBLU.
11.2 ORIGINBLU reserves the right of ownership, copyright and exploitation rights for all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided to the CUSTOMER. Documents of a confidential nature must not be made available to third parties without ACOORIGINBLU’S prior written consent. Should the CUSTOMER not place an order with ACO ORIGINBLU or cancel the AGREEMENT, the CUSTOMER shall return the documents immediately upon ACOORIGINBLU’S request. Information provided in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACOORIGINBLU.
8.2 ACO 11.3 ORIGINBLU shall retain title to the GOODS (GOODS supplied under reservation of ownership) until full payment of all amounts owed for whatever legal reason including future amounts owed or contingent amounts owed, also from contracts concluded at the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts owed.
8.3 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment ACO 11.4 ORIGINBLU may elect without detracting from other remedies which may be available to it, to continue with or cancel the AGREEMENT or to cancel it AGREEMENT, and cancel the sale of any further GOODS to the CUSTOMER and to rely on the provisions of this clause 8 to repossess those GOODS sold and delivered by ACO ORIGINBLU to the CUSTOMER or to claim specific performance of all the CUSTOMER’S obligations whether or not such obligations would otherwise have fallen due for performance, in either event, without prejudice to ACOORIGINBLU’S rights to claim damages.
8.4 11.5 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment, the CUSTOMER shall deliver the GOODS to ACO ORIGINBLU upon receipt of notice by the CUSTOMER from ACOORIGINBLU, without undue delay. ORIGINBLU shall be entitled to institute action to recover the CONTRACT PRICE, notwithstanding the fact that ownership in the GOODS has not passed to the CUSTOMER.
8.5 11.6 The CUSTOMER herewith assigns the amounts owed to it from the resale of the GOODS subject to reservation of ownership of ACOORIGINBLU. Such amounts owed shall serve ACO ORIGINBLU as a security to the same extent as the GOODS under reservation of ownership. If the CUSTOMER sells the GOODS subject to reservation of ownership together with the GOODS not sold to it by ACOORIGINBLU, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO ORIGINBLU only in such amounts as corresponds to the resale value of the GOODS delivered by ACOORIGINBLU.
8.6 11.7 The CUSTOMER shall be entitled to collect the amounts due to it from the resale of the GOODS until revoked by ACOORIGINBLU. ACO ORIGINBLU may revoke such entitlement at any time. The CUSTOMER shall not assign the amounts owed to it – this shall also apply to the sale of accounts receivable to factoring banks - without ACOORIGINBLU’s prior written permission. Upon ACOORIGINBLU’S request, the CUSTOMER shall be obliged to notify its own customers of such assignment, unless ACO ORIGINBLU itself decided decides to do so, and to provide the information and documents required for collection by ACOORIGINBLU.
8.7 In case of payment by cheque, the ownership of the cheque shall pass to ACO as soon as the CUSTOMER acquires ownership of the cheque. In case of payment by xxxx of exchange, the CUSTOMER shall assign its rights arising therefrom in advance to ACO. The handing over of such documents shall be replaced by the CUSTOMER’S keeping them in safe custody for ACO or, in case the CUSTOMER does not obtain immediate possession of such documents, by the CUSTOMER’S hereby assigning its claim for return against third parties in advance to ACO. The CUSTOMER shall hand over such documents bearing the CUSTOMER’S endorsement immediately to ACO.
Appears in 1 contract
Samples: General Terms and Conditions