Common use of Reservation of Title Clause in Contracts

Reservation of Title. Title to any Products sold under any contract shall not pass to the Buyer until the Seller has received payment in full of all sums invoiced together with any interests accrued thereon and other charges. In the meantime, the Seller shall remain the full legal and beneficial owner of the Products and the Buyer shall hold any proceeds of sale of the Products as trustee or as bailee for the Seller free from any charge, lien or other incumbrance. The Buyer agrees that it will assign to the Seller upon the Seller’s request all of its rights under a contract of sale against any subsequent purchaser of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as the Products are sold, the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as they can be readily identified as being the Seller’s property. The Seller has the right to recover possession of all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer for the purpose of doing so. If the Buyer (i) fails to effect payment of the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage resulting thereof.

Appears in 3 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

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Reservation of Title. Title to any Products sold under any contract shall not pass to the Buyer until the Seller has received payment in full of all sums invoiced together with any interests accrued thereon and other charges. In the meantimeUntil that time, the Seller shall remain the full legal and beneficial owner of the Products and the Buyer shall hold any proceeds of sale of the Products as trustee or as bailee bail for the Seller free from any charge, lien lien, or other incumbranceencumbrance. The Buyer agrees that it will assign to the Seller (upon the Seller’s request request) all of its rights under a contract of sale against any subsequent purchaser buyer of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as the Products are sold, the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as so they can be readily identified as being the Seller’s property. The Seller has the right to recover possession of all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer for the purpose of doing so. If the Buyer (i) fails to effect payment of the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage resulting thereof.

Appears in 3 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Reservation of Title. Title to any Products sold under any contract shall not pass to the Buyer until the Seller has received payment in full of all sums invoiced together with any interests accrued thereon and other charges. In the meantime, meantime the Seller shall remain the full legal and beneficial owner of the Products and the Buyer shall hold any proceeds of sale of the Products as trustee or as bailee bail for the Seller free from any charge, lien or other incumbranceencumbrance. The Buyer agrees that it will assign to the Seller upon the Seller’s 's request all of its rights under a contract of sale against any subsequent purchaser Buyer of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as the Products are sold, the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as they can be readily identified as being the Seller’s 's property. The Seller has the right to recover possession of all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer for the purpose of doing so. If the Buyer (i) fails to effect payment of the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage damages resulting thereof.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Reservation of Title. Title to any Products sold under any contract shall not pass to the Buyer until the Seller has received payment in full of all sums invoiced together with any interests accrued thereon and other charges. In the meantime, meantime the Seller shall remain the full legal and beneficial owner of the Products and the Buyer shall hold any proceeds of sale of the Products as trustee or as bailee bail for the Seller free from any charge, lien or other incumbranceencumbrance. The Buyer agrees that it will assign to the Seller upon the Seller’s 's request all of its rights under a contract of sale against any subsequent purchaser Buyer of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as the Products are sold, the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as they can be readily identified as being the Seller’s 's property. The Seller has the right to recover possession of all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer for the purpose of doing so. If the Buyer (i) fails to effect payment of the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage resulting thereof.

Appears in 2 contracts

Samples: Standard Terms & Conditions of Sale, Standard Terms and Conditions of Sale

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Reservation of Title. Title a) The ownership of the Goods shall remain in the Company until payment by the Buyer of all monies owed to the Company by the Buyer (whether or not having fallen due for payment), but the Buyer shall be responsible for any damage or loss sustained to the Goods whilst in his possession or care b) The Buyer shall permit the Company, its servants or agents to enter upon the Buyer's premises to repossess the Goods at any time prior to the payment of all monies owed to the Company by the Buyer (whether or not having fallen due for payment). c) The Buyer shall have the right to dispose of the Goods in the ordinary course of business for the account of the Company and to pass good title to the Goods to his customer being a bona fide purchaser for value without notice of the Company's rights provided however that the Buyer will stand possessed of the proceeds sale in trust for the Company to whom the Buyer will account but the Buyer may retain there from any excess of such proceeds over the amount outstanding under this or any other sale contract between them, and the Company has the additional right to recover the Xxxxx agrees to be joined as a party to any Products sold under any contract proceedings and the Company shall not pass account to the Buyer until for any such excess as aforesaid less any expense incurred by the Seller has received payment Company in full respect of all sums invoiced together with such recovery. d) The Buyer's power of sale shall automatically cease if a Receiver or Administrator is appointed over any interests accrued thereon and other charges. In the meantime, the Seller shall remain the full legal and beneficial owner of the Products and assets or the Buyer shall hold any proceeds undertaking of sale of the Products as trustee or as bailee for the Seller free from any charge, lien or other incumbrance. The Buyer agrees that it will assign to the Seller upon the Seller’s request all of its rights under a contract of sale against any subsequent purchaser of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as a winding-up order is made against the Products are sold, buyer or the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as they can be readily identified as being the Seller’s property. The Seller has the right to recover possession of all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer goes into voluntary liquidation (otherwise than for the purpose of doing so. If reconstruction or amalgamation) or convenes a meeting of or make any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods. e) For the purpose of this clause, the Buyer (i) fails hereby agrees to effect payment of waive any counterclaim or off-set claim against the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage resulting thereofCompany.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Reservation of Title. Title to any Products sold under any contract Contract shall not pass to the Buyer until the Seller Company has received payment in full of all sums invoiced together with any interests interest accrued thereon and other charges. In the meantimeUntil payment in full, the Seller Company shall remain the full legal and beneficial owner of the Products and the Buyer shall hold any proceeds of sale of the Products as trustee or as bailee bail for the Seller Company free from any charge, lien or other incumbranceencumbrance. The Buyer agrees that it will assign to the Seller Company upon the Seller’s Company's request all of its rights under a contract of sale against any subsequent purchaser buyer of the Products or any of them or of the equipment in which the Products have been incorporated. Until such time as title to the Products passes to the Buyer or until such time as the Products are sold, the Buyer shall keep the Products fully insured with a reputable insurer and shall store them in such a way as they can be readily marshaled and identified as being the Seller’s Company's property. The Seller has the right If Buyer fails to recover possession of timely pay for Products, Company may repossess all or any of the Products or to seize any of the Products at any time and is entitled to enter upon any of the premises of the Buyer for the purpose of doing so. If the Buyer (i) fails to effect payment of the full price, or part of it, (ii) makes an assignment for the benefit of creditors, (iii) is adjudicated bankrupt or insolvent, (iv) has any proceedings commenced against it for reorganization, readjustment of debt, dissolution or liquidation, or (v) has its business wound up, the Seller Company shall be entitled to claim back as its property any Products delivered but not yet paid for or not paid for in full, without prejudice to its rights to demand compensation for any losses or damage resulting thereof.

Appears in 1 contract

Samples: Standard Terms and Conditions

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