Common use of Reservation of Title Clause in Contracts

Reservation of Title. STÜKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKEN. STÜKEN's assertion of the reservation of title as well as the pledging of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not the property of STÜKEN, Customer shall grant to STÜKEN partial ownership of the created product in relation to the value of the STÜKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit these to STÜKEN immediately. STÜKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %.

Appears in 3 contracts

Samples: stueken.com, stueken.com, stueken.com

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Reservation of Title. STÜKEN reserves a) Supplier shall retain the right title to Goods supplied by it until all claims of Supplier from the entire business relationship with the Buyer have been satisfied in full (current account reservation). b) The Buyer shall carefully store, maintain and repair the Goods which are subject to retention of title at its own expense, and insure such Goods against fire, water damage, burglary and theft. The Buyer shall immediately inform Supplier of any damage to the property for Goods subject to retention of title. Supplier shall be shown the insurance policy on request. The Buyer hereby assigns to Supplier in advance all claims against the insurance provider resulting from the insurance policy. Supplier hereby accepts this assignment. If the Buyer has insufficiently insured the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign Goods, Supplier shall be entitled but not obligated to insure the delivered object for security. He must inform XXXXXX immediately in Goods at the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms expense of the written contract, including delinquent payment, STÜKEN reserves Buyer. c) In the right to reclaim the goods and the Customer agrees to return said goods to STÜKEN. STÜKEN's assertion event of attachment or other third party seizures of the reservation Goods subject to retention of title as well as title, the pledging of the delivered object Buyer shall not immediately inform Supplier thereof. d) The Buyer shall be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not the property of STÜKEN, Customer shall grant to STÜKEN partial ownership of the created product in relation to the value of the STÜKEN goods to the created product. The Customer is entitled to sell the Goods subject to retention of title in the ordinary course of business provided the Buyer is not in default of payment. Goods subject to retention of title shall not be pledged or title thereto transferred as collateral. The Buyer hereby assigns the claims arising from the resale or on another legal basis (in particular, transfer of title to the end customer, taking out insurance, claims in tort, civil offenses and other unlawful acts) regarding the Goods subject to the retention of title as collateral in full to Supplier. Supplier hereby accepts this assignment. Supplier shall revocably authorise the Buyer to collect the claims assigned to Supplier on Supplier's behalf in its own name. If the Buyer breaches the Agreement, in particular if the Buyer is in default regarding its payment obligations, Supplier shall be entitled to notify the third party debtor of the assignment or/and to require the Buyer to disclose the assignment and to be provided with the information and documentation required for the collection of the claims by the Buyer. e) If the Buyer defaults on payment, Supplier shall be entitled to rescind the Agreement and require the Buyer to return the Goods subject to retention of title without needing to set a reasonable grace period for rectification. After the Goods have been returned Supplier shall be authorised to utilise the Goods. The right to assert additional claims for compensation shall remain unaffected by the foregoing. f) Should the value of collateral or any other securities provided to Supplier in accordance with the above provisions exceed the amount of Supplier's claims by more than 10% Supplier shall be obligated to release this excess value. Supplier shall be entitled to choose which securities to release. g) If the law of the country where the delivered goods - also after further processing - items are located does not allow for retention of title or only in usual and proper business transactions. Howevera restricted format, he undertakes to Supplier shall reserve the right to ownership until his purchase price claim has been paid in fullretain other rights to the delivered Goods. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale The Buyer shall cooperate with all secondary required measures (e.g. registration) to realise the retention of title or other rights in place of retention of title and to STÜKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit protect these to STÜKEN immediately. STÜKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %rights.

Appears in 3 contracts

Samples: Terms and Conditions of Sale, schroeder-maschinen.de, ttwbfiles.s3.amazonaws.com

Reservation of Title. STÜKEN For any current or future sale of goods to a pur- chaser located outside of Germany the following retention of title has been agreed: BHJ reserves the right title to the property goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance of the goods have been paid by the purchaser or security for the delivered object until all payments under purchase price has been provided as agreed. Until this has happened, the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKEN. STÜKEN's assertion of the reservation of title as well as the pledging of the delivered object purchaser shall not be deemed as entitled to resell the goods or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a withdrawal from pur- chaser located in Germany the contract. Further processing or rework following retention of STÜKEN title has been agreed: The goods (“reserved goods”) delivered by BHJ to the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not purchaser remain the property of STÜKENBHJ until full payment of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, Customer shall grant to STÜKEN partial ownership it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item is higher than the value of the re- served goods - co-ownership (fractional owner- ship) of the newly created product item in relation the ratio of the value of the reserved goods to the value of the STÜKEN newly created item. In the event that no such ac- quisition of ownership should occur at BHJ, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, BHJ, insofar as the main item belongs to BHJ, transfers to the created product. The Customer is entitled to sell purchaser proportionate co-own- ership of the delivered goods - also after further processing - uniform item in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKENabove specified ratio. In the event of resale of the resale after processing reserved goods, the assignment shall apply purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if their value exceeds the amount of the sale value secured claims by more than 50%. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods of STÜKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit these to STÜKEN immediately. STÜKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %goods.

Appears in 3 contracts

Samples: bhj.com, bhj.com, bhj.com

Reservation of Title. STÜKEN STUEKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX STUEKEN immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN STUEKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKENSTUEKEN. STÜKENSTUEKEN's assertion of the reservation of title as well as the pledging of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN STUEKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKENSTUEKEN. Should the STÜKEN STUEKEN goods be further assembled or combined with other product/components which are not the property of STÜKENSTUEKEN, Customer shall grant to STÜKEN STUEKEN partial ownership of the created product in relation to the value of the STÜKEN STUEKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKENSTUEKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKENSTUEKEN. The buyer is entitled to collect the assigned accounts receivable from the third third-party buyer, undertakes however to remit these to STÜKEN STUEKEN immediately. STÜKEN STUEKEN reserves the right to also collect the account receivable directly from the third third-party buyer, who is to be named for this purpose. STÜKEN STUEKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %.

Appears in 2 contracts

Samples: stueken.de, stueken.de

Reservation of Title. STÜKEN reserves the right to the property for the delivered object until Until all payments under the contract of delivery claims have been made satisfied (including all current account balances) that we are entitled to on any legal basis now and in fullfuture vis-à-vis the customer we shall be granted the following securities: The goods remain our property. The Processing or transformation is always done for us as the manufacturer, however, without any obligation. If our (co)-ownership is lost during processing, it is already now agreed that the customer's (co)-ownership in the joint item is ceded to us in proportion to its value (invoice value including VAT). Customer shall store our (co)-owned property free of charge. Customer shall agree to treat the goods under retention of title carefully and to insure them sufficiently at its own cost against fire, water damage and theft. Hereinafter, goods that are (co)-owned by us shall be called goods subject to retention of title. As long as customer is not in arrears, customer shall be entitled to process and sell the goods subject to retention of title in the due course of business. Pledging or assignments as security shall not be permitted. By way of security, customer shall already now assign to us in full all claims (including all current account balances) arising from resale or another legal basis (insurance, unlawful act, etc.) of the goods subject to retention of title. We revocably authorise customer to collect the claims assigned to us for customer's account in customer's own name. This direct debit authorisation may neither pledge nor assign be revoked in particular if customer does not fulfil its payment obligations properly. In cases where third parties access the delivered object for security. He must inform XXXXXX immediately goods subject to retention of title, particularly in the case of pledges as well as seizure distraint, and in case an initiation of a composition or any other disposals by insolvency proceeding is filed, customer shall point out our ownership and shall notify us immediately so that we may enforce our ownership rights. If the third partiesparty is not able to reimburse us the judicial or extra-judicial costs incurred in this context, customer shall be liable to us for such costs. Should In the Customer breach case of customer acting contrary to the terms of the written contract, including delinquent in particular if customer is in default of payment, STÜKEN reserves we shall be entitled to rescind the right contract and to reclaim demand that the goods and the Customer agrees subject to return said goods to STÜKEN. STÜKEN's assertion of the reservation retention of title as well as be returned to us. At the pledging discretion of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not the property of STÜKENcustomer, Customer shall grant to STÜKEN partial ownership of the created product in relation to the value of the STÜKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit these to STÜKEN immediately. STÜKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN shall insofar we will release the securities held by him as goods customer desires, provided their value shall exceed exceeds, on a permanent basis, the accounts receivable to be secured claims mentioned above by more than 10%. If, according to the legal provisions in customer's country, retention of title is not permitted or permitted only to a total of 20 %limited extent, our above-named rights shall be limited to the statutory scope.

Appears in 2 contracts

Samples: General Sales and Delivery Terms and Conditions, General Sales and Delivery Terms and Conditions

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Reservation of Title. STÜKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX STÜKEN immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKEN. STÜKEN's assertion of the reservation of title as well as the pledging of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not the property of STÜKEN, Customer shall grant to STÜKEN partial ownership of the created product in relation to the value of the STÜKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit these to STÜKEN immediately. STÜKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %.

Appears in 2 contracts

Samples: stueken.de, stueken.de

Reservation of Title. STÜKEN The Seller reserves the right title to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKEN. STÜKEN's assertion of the reservation of title as well as the pledging of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or combined with other product/components which are not the property of STÜKEN, Customer shall grant to STÜKEN partial ownership of the created product in relation to the value of the STÜKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve until the right to ownership until his purchase price claim owed to the Seller has been paid in full. Independent In addition, the Seller reserves title to the delivered goods until all of this the Seller’s claims arising from the business relationship with the Customer hereby assigns already are satis- fied. If the accounts receivable against his buyer delivered goods are processed, the Seller is considered to which he be the manufacturer and acquires ownership to the new created good. If processing is entitled from done together with other materials, the resale with all secondary rights to STÜKENSeller acquires ownership at the ratio between the invoice values of the Seller’s goods and the other materials. In the event case the Seller’s goods are combined or mixed with another thing of the resale after processing Customer, which is considered to be the assignment shall apply as in main thing, co-ownership to the amount of thing is transferred to the sale Seller at the ratio between the invoice value of the reserved Seller’s goods and the invoice value of STÜKENthe main thing, or if an invoice value of the main thing is not available at the main thing’s market value. In these cases, the Customer is considered to act as a custodian. The buyer Customer may not pledge or transfer by way of security any objects that are subject to a reservation of title or reservation of a right. The Customer is entitled only permitted, as a reseller, to collect resell such goods within the ordinary course of business subject to the conditi- on that the Customer assigned accounts receivable from with legal effect to the third party buyerSeller its claims against its customers in connection with the resale and that the Customer transfers ownership to its customers subject to payment. The Customer, undertakes however hereby, assigns to remit these the Seller, as a security, by signing this agreement, its claims against its customers in connection with such sales. The Seller hereby accepts this assignment. The Customer is obliged to STÜKEN immediatelypromptly notify the Seller in the event of any access to the goods owned or co-owned by the Seller or any assigned claims. STÜKEN reserves The Customer is obliged to promptly transfer to the right to also collect Seller any assigned amounts collected by the account receivable directly from Customer, provided the third party buyer, who Seller’s claim is to be named due for this purposepayment. STÜKEN shall insofar release To the securities held by him as their extent the value shall exceed of the accounts receivable to be Seller’s security interests exceeds the value of the secured claims by more than a total ten (10 ) percent, the Seller will, at the Customer‘s request, release the respective portion of 20 %such security interests.

Appears in 1 contract

Samples: www.bmsaudio.com

Reservation of Title. STÜKEN STUEKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX STUEKEN immediately in the case of pledges as well as seizure or any other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN STUEKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to STÜKENSTUEKEN. STÜKENSTUEKEN's assertion of the reservation of title as well as the pledging of the delivered object shall not be deemed as a withdrawal from the contract. Further processing or rework of STÜKEN STUEKEN goods by the Customer may only be performed subsequent to receipt of written authorization from STÜKENSTUEKEN. Should the STÜKEN STUEKEN goods be further assembled or combined with other product/components which are not the property of STÜKENSTUEKEN, Customer shall grant to STÜKEN STUEKEN partial ownership of the created product in relation to the value of the STÜKEN STUEKEN goods to the created product. The Customer is entitled to sell the delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKENSTUEKEN. In the event of the resale after processing the assignment shall apply as in the amount of the sale value of the reserved goods of STÜKENSTUEKEN. The buyer is entitled to collect the assigned accounts receivable from the third party buyer, undertakes however to remit these to STÜKEN STUEKEN immediately. STÜKEN STUEKEN reserves the right to also collect the account receivable directly from the third party buyer, who is to be named for this purpose. STÜKEN STUEKEN shall insofar release the securities held by him as their value shall exceed the accounts receivable to be secured by more than a total of 20 %.

Appears in 1 contract

Samples: stueken.de

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