Retention of Ownership. 10.1. We reserve the right of ownership and the right of disposition to the delivery goods until such time as all payments from the supply agreement and any previous agreements have been received. This includes accounts receivable from checks and bills of exchange as well as those from current accounts. Should a liability related to payment by bill of exchange accrue to us in the course of the buyer's payment, then this shall in no way eliminate our retention to ownership before the possibility of us being invoked for the bill of exchange is excluded. 10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately. 10.3. In the event of behavior of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled, after issuing appropriate payment reminder, to reclaim the delivery goods and the buyer shall be obligated to relinquish these. 10.4. The assertion of the reservation of ownership as well as the attachment of the delivery goods by us shall not be deemed to constitute withdrawal from the agreement. 10.5. The buyer at this point assigns to us all accounts receivable up to the proportionate amount of our invoice, including sales tax/VAT with all ancillary rights, which he accumulates through resale to customers or third parties. This shall also apply in cases where the buyer has placed the purchase money claim which has accrued to him through resale into a current account arranged with a 10.6. In the event of connection with real estate or moveable property belonging to third parties or with processing within the framework of a contract for work and services, then the buyer at this point assigns to us the receivables for work compensation and/or the resulting share of coownership up to the proportionate amount of our invoice, including sales tax/VAT for the jointly processed conditional goods. We will accept the assignment. 10.7. The buyer is hereby authorized to independently collect the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded to us. 10.8. To the extent that the delivery goods have become essential components or immovable fixtures of real property, the buyer undertakes, in the event of noncompliance with the agreed payment deadlines, to allow us to dismantle or dismount such objects as can be removed without causing a substantial impediment to the structure, so as retake possession of the objects. If the buyer interferes with our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are to be born by the buyer. 10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims by more than 10%, then we shall be obligated to the same extent to release collateral of our choice, if the buyer thus demands. 10.10. We are entitled, at the expense of the buyer, to insure the delivery goods against theft, fire, water and other damage, unless the buyer can provide evidence of already having done so himself. 10.11. In the event of behavior on the part of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled to repossess the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goods. 10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement and to demand the immediate return of the delivery goods.
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Samples: Standard Conditions of Sale
Retention of Ownership. 10.1provision of materials – tools – obligation to maintain secrecy
1. We reserve retain ownership of all parts (conditional commodity) and tools provided by us. Processing or conversion by the right supplier is done for our purposes. In case our conditional commodities are processed with/incorporated into items to which we have no ownership rights, we acquire co- ownership rights in the new item in proportion of ownership and the right value of disposition our item (purchase price plus VAT) to the delivery goods until other processed items at the time they are processed.
2. If the item we provide is irreversibly incorporated with other items to which we have no ownership rights, we acquire co-ownership rights in the new item in proportion of the value of the conditional commodity (purchase price plus VAT) to the other incorporated items at the time they are incorporated. If this incorporation is such time as that the supplier's item is the principal item, it is considered agreed that the supplier conveys proportional co-ownership rights to us. The supplier safeguards the sole ownership or co-ownership rights for us.
3. The supplier is obligated to use the tools exclusively for the production of the items we order. The supplier is obligated to insure our tools against fire, water and theft at reinstatement value at his own expense. At the same time, the supplier already now assigns all payments claims for compensation from the supply agreement this insurance to us; we hereby accept such assignment. The supplier is obligated to have any required maintenance work and any previous agreements have been received. This includes accounts receivable from checks and bills of exchange inspections as well as those from current accountsall repair and service work done in due time at his own expense. The supplier will immediately notify us about any defects. Should a liability related he culpably fail to payment by bill of exchange accrue to us in the course of the buyer's paymentdo such, then this shall in no way eliminate our retention to ownership before the possibility of us being invoked not adversely affect any claims for the bill of exchange is excludeddamages.
10.24. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer The supplier is to notify us immediately.
10.3. In the event of behavior of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled, after issuing appropriate payment reminder, to reclaim the delivery goods and the buyer shall be obligated to relinquish these.
10.4keep all provided depictions, drawings, calculations and other records and information in strict confidence. The assertion of the reservation of ownership as well as the attachment of the delivery goods by us shall not They may be deemed to constitute withdrawal from the agreement.
10.5. The buyer at this point assigns to us all accounts receivable up to the proportionate amount of our invoice, including sales tax/VAT with all ancillary rights, which he accumulates through resale to customers or third parties. This shall also apply in cases where the buyer has placed the purchase money claim which has accrued to him through resale into a current account arranged with a
10.6. In the event of connection with real estate or moveable property belonging disclosed to third parties or only with processing within the framework our explicit approval. This obligation to maintain secrecy is also in effect after expiration of a contract for work this agreement. The obligation ceases if and services, then the buyer at this point assigns to us the receivables for work compensation and/or the resulting share of coownership up to the proportionate amount of our invoiceextent the know-how incorporated in the provided depictions, including sales tax/VAT for the jointly processed conditional goods. We will accept the assignmentdrawings, calculations and other records becomes general knowledge.
10.7. The buyer is hereby authorized to independently collect the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded to us.
10.85. To the extent that our collateral rights as defined in sec. 1 and/or sec. 2 exceed the delivery goods have become essential components or immovable fixtures purchase price of real property, the buyer undertakes, in the event of noncompliance with the agreed payment deadlines, to allow us to dismantle or dismount such objects as can be removed without causing a substantial impediment to the structure, so as retake possession of the objects. If the buyer interferes with all our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are to be born by the buyer.
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims conditional commodities not yet paid by more than 10%, then we shall be are, upon request by the supplier, obligated to release the same extent to release collateral of rights at our choice, if the buyer thus demandsdiscretion.
10.10. We are entitled, at the expense of the buyer, to insure the delivery goods against theft, fire, water and other damage, unless the buyer can provide evidence of already having done so himself.
10.11. In the event of behavior on the part of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled to repossess the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goods.
10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement and to demand the immediate return of the delivery goods.
Appears in 1 contract
Retention of Ownership. 10.1. We reserve 7.1 All goods we have supplied shall remain our property (reserved goods) until the right fulfilment of ownership and our, including any of our future, payment claims against the right of disposition to the delivery goods until such time as all payments Buyer from the supply agreement and any previous agreements have been received. This includes accounts receivable from checks and bills of exchange as well as those from current accounts. Should a liability related to payment by bill of exchange accrue to us in the course of the buyer's payment, then this shall in no way eliminate our retention to ownership before the possibility of us being invoked for the bill of exchange is excluded.
10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately.
10.3business relationship. In the event of behavior of that ongoing billing is made, the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled, after issuing appropriate payment reminder, to reclaim the delivery goods and the buyer shall be obligated to relinquish these.
10.4. The assertion of the reservation retention of ownership shall apply as well as the attachment of the delivery goods by us shall not be deemed to constitute withdrawal from the agreement.
10.5. The buyer at this point assigns to us all accounts receivable up to the proportionate amount of security for our invoice, including sales tax/VAT with all ancillary rights, which he accumulates through resale to customers or third partiesrespective payment balance claim. This shall also apply if payments are made by the Buyer for designated payment claims.
7.2 The processing or alteration of the reserved goods shall always be made for us as the manufacturer in cases where accordance with § 950 BGB [Civil Code] without our incurring any obligation from this. If the buyer has placed reserved goods are processed, combined or mixed with other goods by the purchase money Buyer, we shall be entitled to co-ownership to the new goods in the proportion of the invoiced value of the reserved goods to the invoiced value of the other goods used at the point in time of the processing, mixing or combining. If our co-ownership lapses through the combining or mixing, then the Buyer shall already now assign to us its (co-) ownership rights to the uniform goods in the amount of the invoiced value of the reserved goods and shall store them free of charge for us.
7.3 If the Buyer sells the reserved goods together with other reserved goods which we have not supplied, then the assignment of the payment claim shall apply only in the invoiced amount which has accrued to him through is derived from the resale of our reserved goods.
7.4 If the Buyer incorporates payment claims from the resale of the reserved goods into a current account arranged relationship existing with a
10.6. In the event of connection with real estate or moveable property belonging to third parties or with processing within the framework of a contract for work and servicesits end customers, then the buyer at this point assigns it shall already now assign to us the receivables for work compensation and/or the resulting share of coownership up its recognised or final balance which corresponds to the proportionate total amount of the payment claims incorporated into the current account relationship from the resale of our invoice, including sales tax/VAT for the jointly processed conditional reserved goods. We will accept the assignment.
10.7. 7.5 The buyer is hereby authorized Buyer shall be authorised to independently collect the preceding accounts receivable which have been assigned, within payment claims from the framework resale of his usual order of business, provided that the collected proceeds are promptly forwarded reserved goods as long as it properly fulfils its payment obligations to us.
10.8. To the extent that the delivery goods have become essential components or immovable fixtures of real propertyHowever, the buyer undertakesat any time, we may revoke this authorisation in the event of noncompliance with payment default, the agreed payment deadlinesdiscontinuation of payments, the transfer of business operations to allow us to dismantle a third party, if there is restricted creditworthiness or dismount such objects as can be removed without causing a substantial impediment to trustworthiness upon the structure, so as retake possession part of the objectsBuyer or the Buyer’s company is dissolved as well as in the event that the Buyer violates one of its contractual obligations in accordance with Sub-Clause 7.3, but nevertheless in the event of default, only after the setting of an appropriate extension period.
7.6 ln the event of the revocation of its authorisation to collect payments, the Buyer shall be obliged to immediately notify its end customers of the assignment of the payment claims to us and to provide us with all information and documents which are required for collection. Furthermore, in this case, it shall be obliged to return to us or assign to us any security to which it is entitled for its end customer payment claims.
7.7 If the buyer interferes with our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are to be born by the buyer.
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, security provided to us exceeds our secured payment claims by more than 1020%, then we shall be obligated to the same extent to release collateral of our choice, if the buyer thus demands.
10.10. We are entitledprepared, at the expense Buyer’s request, to release the security of our choosing in this regard.
7.8 The Buyer shall be obliged to immediately notify us of the buyer, attachment or any other legal or actual restriction or endangerment of the reserved goods or the other security provided to us.
7.9 The Buyer shall be obliged to sufficiently insure the delivery reserved goods against fire and theft, fire, water and other damage, unless . It shall already now assign its claims from the buyer can provide evidence of already having done so himselfinsurance agreements to us.
10.11. 7.10 In the event of behavior on that the part purchase agreement is rescinded, the Buyer shall already now declare its approval to our taking away the reserved goods which are in the possession of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled to repossess the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goodsBuyer or having them taken away.
10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement and to demand the immediate return of the delivery goods.
Appears in 1 contract
Retention of Ownership. 10.1. We reserve the right of ownership and the right of disposition 8.1 Supplier will retain title to the delivery delivered goods ("Retained Goods") until such time as receipt of all payments arising from the supply agreement and any previous agreements have been received. This includes accounts receivable from checks and bills of exchange as well as those from current accounts. Should a liability related to payment by bill of exchange accrue to us in business relationship with the course of the buyer's payment, then this shall in no way eliminate our retention to ownership before the possibility of us being invoked for the bill of exchange is excludedBuyer.
10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately.
10.3. 8.2 In the event the Buyer is in default of behavior material obligations (specifically any Default of Payment), Supplier will be entitled to repossess the Retained Goods and shall be granted immediate access to them. If Supplier rescind the contract Supplier may also sell or otherwise dispose of the buyer which violates Retained Goods. The proceeds from the agreementsale will be applied against the Buyer's liabilities, in particular in less a reasonable charge for the event of delayed paymentdisposition costs.
8.3 The Buyer is obligated to treat the Retained Goods with due care. It is specifically required, we shall be entitled, after issuing appropriate payment reminderat its own cost, to reclaim the delivery goods adequately insure against any damages arising from fire, water and the buyer theft. Replacement value shall be obligated to relinquish these.
10.4. The assertion of the reservation of ownership as well as the attachment of the delivery goods by us shall not be deemed to constitute withdrawal from be adequate insurance coverage. If any repair or inspection work is required, the agreementBuyer must conduct such work at its own cost and in a timely manner. If a third party attaches or otherwise seizes the Retained Goods, the Buyer must promptly inform us in writing.
10.58.4 The Buyer is entitled to resell the Retained Goods in the ordinary course of business. The buyer at this point It hereby, however, assigns to us any and all accounts receivable up claims in the amount of the final invoice (including value added tax), which it will be entitled to collect upon resale to a purchaser or third party. We accept such assignment. Should the Buyer sell the Retained Goods after their processing or transformation or joining with other goods or together with other goods, the assignment of any claims for the proceeds shall only be agreed to in the amount of the portion equivalent to the proportionate amount price agreed to between the Buyer and us plus a safety margin of our invoice10% of this price.
8.5 The Buyer will continue to be entitled to collect on the accounts receivables even after the assignment. Supplier will be authorised, including sales tax/VAT with however, to collect the receivables ourselves, if the Buyer no longer discharges its payment obligations from the collected proceeds, defaults in its payment, files for insolvency, or suspends payments. In these cases, Supplier may demand that the Buyer identifies the assigned receivables and the debtors, make any and all ancillary rightsstatements necessary to collect on such accounts, which he accumulates through resale to customers or deliver all related materials and documents, and inform the debtors (third parties) about the assignment of their accounts.
8.6 Any processing of or alterations to the Retained Goods will be deemed to have been undertaken by the Buyer on Supplier behalf. This If the Retained Goods are co-mingled, combined or otherwise processed with items owned by other persons, then Supplier shall also acquire joint ownership of the new property in a proportion equal to the value of the Retained Goods (final invoice amount including value added tax) to those other processed items as of the time the items were co-mingled, combined or otherwise processed together. The same rules that apply in cases where to goods sold under a title retention arrangement will apply to new items of property created by virtue of the buyer has placed processing.
8.7 If the purchase money claim which has accrued to him through resale into goods delivered by Supplier are installed on a current account arranged with a
10.6. In the event parcel of connection with real estate or moveable property belonging to third parties or with processing within the framework land such that they become a fixture of a contract for work and servicesthat land, then the buyer preceding paragraph shall apply mutatis mutandis.
8.8 Supplier agrees, at this point assigns the Buyer's demand, to us release the receivables for work compensation and/or collateral to which Supplier are entitled when the resulting share of coownership up to the proportionate amount value of our invoice, including sales tax/VAT for collateral exceeds the jointly processed conditional goods. We will accept the assignment.
10.7. The buyer is hereby authorized to independently collect the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded to us.
10.8. To the extent that the delivery goods have become essential components or immovable fixtures of real property, the buyer undertakes, in the event of noncompliance with the agreed payment deadlines, to allow us to dismantle or dismount such objects as can be removed without causing a substantial impediment to the structure, so as retake possession of the objects. If the buyer interferes with our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are to be born by the buyer.
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims receivables by more than 10%. Supplier reserve the right to select the items of collateral for release.
8.9 If the goods are delivered abroad, the following will apply:
i. If the goods were delivered prior to the payment of all amounts owed by the Buyer under the contract, then we Supplier shall be obligated retain ownership until complete payment, to the same extent that this arrangement is permissible under the laws applicable in the location in which the goods are located. If these laws do not permit title retention, but rather permit Supplier to release collateral retain certain other property or security interests in the goods, then Supplier will be permitted to enforce these types of our choice, if the buyer thus demandsrights.
10.10ii. We are entitled, at the expense of the buyer, The Buyer agrees to insure the delivery goods against theft, fire, water and cooperate with Supplier in any efforts to safeguard ownership or other damage, unless the buyer can provide evidence of already having done so himself.
10.11. In the event of behavior on the part of the buyer which violates the agreement, property rights in particular in the event of delayed payment, we shall be entitled to repossess the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goods.
10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement and to demand the immediate return of the delivery goods.
Appears in 1 contract
Retention of Ownership. 10.1. We reserve the right of ownership and the right of disposition to the delivery goods until such time as all payments from the supply agreement and any previous agreements have been received. This includes accounts receivable from checks and bills of exchange as well as those from current accounts. Should a liability related to payment by bill of exchange accrue to us in the course of the buyer's payment, then this shall in no way eliminate our retention to ownership before the possibility of us being invoked for the bill of exchange is excluded.until
10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately.
10.3. In the event of behavior of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled, after issuing appropriate payment reminder, to reclaim the delivery goods and the buyer shall be obligated to relinquish these.event
10.4. The assertion of the reservation of ownership as well as the attachment of the delivery goods by us shall not be deemed to constitute withdrawal from the agreement.
10.5. The buyer at this point assigns to us all accounts receivable up to the proportionate amount of our invoice, including sales tax/VAT with all ancillary rights, which he accumulates through resale to customers or third parties. This shall also apply in cases where the buyer has placed the purchase money claim which has accrued to him through resale into a current account arranged with aa customer or third party. We will accept the assignment.
10.6. In the event of connection with real estate or moveable property belonging to third parties or with processing within the framework of a contract for work and services, then the buyer at this point assigns to us the receivables for work compensation and/or the resulting share of coownership up to the proportionate amount of our invoice, including sales tax/VAT for the jointly processed conditional goods. We will accept the assignment.
10.7. The buyer is hereby authorized to independently collect the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded to us.
10.8. To the extent that the delivery goods have become essential components or immovable fixtures of real property, the buyer undertakes, in the event of noncompliance with the agreed payment deadlines, to allow us to dismantle or dismount such objects as can be removed without causing a substantial impediment to the structure, so as retake possession of the objects. If the buyer interferes with our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are to be born by the buyer.agreed
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims by more than 10%, then we shall be obligated to the same extent to release collateral of our choice, if the buyer thus demands.
10.10. We are entitled, at the expense of the buyer, to insure the delivery goods against theft, fire, water and other damage, unless the buyer can provide evidence of already having done so himself.
10.11. In the event of behavior on the part of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled to repossess the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goods.
10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement and to demand the immediate return of the delivery goods.
Appears in 1 contract
Samples: Standard Conditions of Sale
Retention of Ownership. 10.1The Vendor retains ownership of the delivered products until all of its accounts receivable arising from the busi- ness relationship with the Buyer are paid in full. We reserve Transformation or processing of reserved goods by the right Buyer is always performed on behalf of ownership and the right of disposition Vendor, with no resulting obligation to the delivery goods until such time as all payments from Vendor. Ownership of the supply agreement and any previous agreements have been received. This includes accounts receivable from checks and bills new items in their particular state of exchange as well as those from current accounts. Should a liability related to payment by bill of exchange accrue to us transformation or processing vests in the course Vendor. If the Vendor´s reserved goods are transformed, processed, intermixed, mingled or combined with other products that do not belong to it, then co-ownership of the buyer's payment, then this shall new item vests in no way eliminate our retention the Vendor in proportion to ownership before the possibility of us being invoked for ratio between the bill of exchange is excluded.
10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately.
10.3. In the event of behavior invoice price of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitled, after issuing appropriate payment reminder, to reclaim the delivery reserved goods and the buyer shall be obligated to relinquish these.
10.4invoice price of the other products. The assertion Buyer may sell in the normal course of business the reserved goods of which the Vendor has sole or joint ownership; the Buyer is barred from pleading, chattel mortgaging, and assigning for security. The Buyer hereby assigns to the Vendor in advance all claims accruing to it from the resale of the reservation of ownership as well as the attachment reserved goods or of the delivery goods products created through transformation, processing, intermixing, mingling or combination. This applies also if the pro- ducts are sold for the total price with other products that do not belong to the Vendor. If a third party has by us shall not be deemed to constitute withdrawal from law acquired ownership or joint ownership rights in the agreement.
10.5. The buyer at this point product as a result of transformation, processing, intermixing, mingling or combination, then the Buyer likewise hereby and in advance assigns to us all accounts receivable the Vendor the claims ac- cruing to it against the third party. Assignments for the purpose of this paragraph are made only up to the proportionate amount of our invoice, including sales tax/VAT with all ancillary rights, the invoice price or the objective conditions are present under which he accumulates through resale it is the Buyer´s duty to customers file an insolvency application. The Buyer agrees to keep the reserved goods insured against the usual risks. It assigns the Vendor hereby and in advance its compensation claims against its insurer for loss of or third parties. This shall also apply in cases where the buyer has placed the purchase money claim which has accrued to him through resale into a current account arranged with a
10.6. In the event of connection with real estate or moveable property belonging to third parties or with processing within the framework of a contract for work and services, then the buyer at this point assigns to us the receivables for work compensation and/or the resulting share of coownership up damage to the proportionate amount of our invoice, including sales tax/VAT for the jointly processed conditional reserved goods. We will accept The Vendor hereby accepts the assignment.
10.7Buyer´s assignments provided in this clause. The buyer Vendor agrees to release at its discretion, at the Buyer´s request, the security interests to which it is hereby authorized to independently collect entitled under the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded provisions to us.
10.8. To the extent that their value exceeds the delivery goods have become essential components or immovable fixtures of real property, the buyer undertakes, in the event of noncompliance with the agreed payment deadlines, to allow us to dismantle or dismount such objects as can be removed without causing a substantial impediment to the structure, so as retake possession of the objects. If the buyer interferes with our aforesaid rights, then he shall be obligated to compensate us for any resulting damages. The expenses for dismantling, dismounting or other expenses which arise, are claims to be born by the buyer.
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims by more than 10%. If the Buyer´s assistance is needed to make the reservation of ownership effective, then we shall be obligated to as, for example, in the same extent to release collateral case of our choiceregistrations that are required by law in the Buyer´s country, if the buyer thus demands.
10.10Buyer must act accordingly. We are entitledIf the Buyer is in default of a payment, the Vendor may prohibit the Buyer from disposing of the reserved goods in full or, at the expense Vendor´s discretion, in part, for example by permitting only their sale or further processing. If the Buyer is in default of a payment, the Vendor may prohibit the Buyer from disposing of the buyerreserved goods in full or, at the Vendor´s discretion, in part, for example by permitting only their sale or further processing. If the objective conditions are present under which the Buyer is subject to insure the delivery duty to file an insolvency applica- tion, the Buyer must without need of a demand to that effect, refrain from disposing of the reserved goods against theft, fire, water and other damage, unless in any manner whatsoever. The Buyer is obliged to inform the buyer can provide evidence Vendor promptly of already having done so himself.
10.11its inventory of reserved goods. In this case the event of behavior on the part of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be Vendor is further entitled to repossess rescind the delivery goods after an appropriate reminder process and the buyer shall be obligated to return the goods.
10.12. The filing of a petition for insolvency proceedings shall entitle to withdraw from the agreement contract and to demand claim the immediate return of the delivery reserved goods. If the reserved goods have been transformed, processed, intermixed, mingled or combined with other products, the Vendor is entitled to demand their surrender to a trustee; the Buyer is obliged to disclose all co-owners of the reserved goods along with their names or firm names, addresses, and co-ownership shares. The same applies mutatus mutandis to claims that have been assigned to the Vendor in accordance with the preceding paragraphs; in addition, the Buyer must on its own provide the Vendor with the names and addresses of all debtors along with copies of the documents the claims against them.
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