RETENTION OF TITLE AND RISK. 7.1. When Property Passes
RETENTION OF TITLE AND RISK. 9.1 The risk in the Goods shall pass to the Customer on Delivery. At that moment, the Customer shall become responsible for the care and protection of the Goods and shall take out at its own expense adequate and comprehensive all risks cover on the Goods (with a note of our interest endorsed therein until we have received payment of the price in full).
9.2 Notwithstanding Delivery and the passing of risk in the Goods, title in the Goods (including full legal and beneficial ownership) shall not pass to the Customer until we have received (in cash or cleared funds) payment in full for all Goods supplied by us to the Customer under all contracts between them. Payment of the full price for the Goods shall include the amount of any interest or other sums payable under contracts between us and the Customer.
9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as our property. Until that time or until otherwise notified by us in writing or until the happening of any event set out in these Conditions entitling us to terminate this Contract the Customer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to us for the proceeds of the sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
9.4 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require the Customer to deliver up the Goods to us and, if the Customer fails to do so forthwith, to enter upon any premises or vehicles of the Customer or any third party where the Goods are stored and repossess the Goods.
9.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property.
9.6 Where the Customer uses banking facilities or factoring or an invoice discounting company which involves the selling of debtors or using debtors as security, the Customer shall notify the bank, the factoring or invoice discounting company c...
RETENTION OF TITLE AND RISK. 8.1 Risk of damage to, or loss of, the Goods shall pass to the Customer at the time of delivery to the place or person agreed.
8.2 Notwithstanding the delivery of the Goods or the passing of risk to the Customer, title to the Goods shall pass to the Customer only when all sums due by the Customer in relation to the supply of all Goods under this Contract have been paid in full to the Company.
RETENTION OF TITLE AND RISK. 3.1. Ownership of the Goods and Services shall remain vested in Contractor until full payment has been received and the Client has met all other obligations due by the Client to the Contractor.
3.2. All risk in the Goods passes to the Client on delivery and Contractor shall not be liable for any damage or loss to the Goods from such time.
RETENTION OF TITLE AND RISK. 11.1 Title in the Gas Cylinder shall at all times remain with the Company irrespective of whether ownership of the Premises has been transferred.
11.2 The Customer shall be responsible for the safekeeping of the Gas Cylinder whilst at the Premises and in the Customer’s possession. The Customer will be liable for any damage to or theft of the Gas Cylinder whilst at the Premises and will be liable for any damage to people or property as a result of the operation of the Gas Cylinder at the Premises and the storage of Gas in the Gas Cylinder.
11.3 The Gas shall be at the Customer’s risk as from delivery.
11.4 Notwithstanding the earlier passing of risk under clause 11.3, title in the Gas shall remain with the Company and shall not pass to the Customer until the amount due under clause 8 has been paid in full.
11.5 Until title passes the Customer shall hold the Gas as bailee for the Company and shall store it in the Gas Cylinder so that it can at all times be identified as the property of the Company.
11.6 The Company may at any time before title passes and without any liability to the Customer:
11.6.1 repossess and use or sell all or any of the Gas and by doing so terminate the Customer’s right to use or otherwise deal in it;
11.6.2 for that purpose (or determining what if any Gas is held by the Customer and inspecting it) enter the Premises.
11.7 The Company may maintain an action for the price of any Gas notwithstanding that title in it has not passed to the Customer.
RETENTION OF TITLE AND RISK a. Goods supplied by the Company shall be at the Customers risk immediately on delivery to/custody of the Customer and the Customer should therefore be insured.
b. Property in the Goods supplied hereunder will pass to the Customer only when all relevant and outstanding invoices and VAT have been paid for in full and at such time that no further sums whatsoever are due from the Customer to the Company.
c. Until full payment has been received by the Company the Customer shall hold the Goods supplied hereunder in a fiduciary capacity for the Company in a manner which enables them to be identified as the Goods of the Company and their Customer shall immediately return those Goods to the Company should it so request.
d. The Customer’s right to possession of the Goods supplied hereunder shall cease if, as an individual does anything or fails to do anything which would entitle any person to present a petition for bankruptcy or being a Company, does anything or fails to do anything which would entitle any person to present a petition for winding up.
e. The Customer grants the Company an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Customer, or in their possession for the purpose of repossessing and removing any Goods supplied in, or to the property which has remained the rightful property of the Company.
RETENTION OF TITLE AND RISK. Title and ownership of goods delivered will only transfer to you when you have paid in full all amounts owing by you to us.
RETENTION OF TITLE AND RISK. The Seller retains ownership in the Goods delivered as against the Purchaser until all sums due by the Purchaser to the Seller have been paid. The risk in the Goods shall be borne by the Purchaser from the date of actual delivery of the Goods.
RETENTION OF TITLE AND RISK. 8.1 All products sold and/or supplied by PITT cooking shall remain its property until the Partner has fulfilled all its obligations arising from the Partner Agreement as well as all Supply Agreements. Until such a time, the Partner is only considered to be holding the Products for PITT cooking.
8.2 The Partner may not transfer the title of the Products, assign them, pledge them or in any way use them as collateral.
8.3 Should third parties institute garnishee proceedings on the Products supplied subject to a retention of title or seek to encumber these Products or to seize these Products, the Partner is obligated to inform XXXX cooking of this immediately.
8.4 If, after a written notice has been given, Partner remains in default of its obligations or if there is a reasonable fear that it will not fulfill these obligations, PITT cooking shall be entitled to retrieve, or have retrieved, the Products from the Partner or from any third parties holding the Products for Partner. The Partner is obligated to provide full cooperation with this process.
RETENTION OF TITLE AND RISK. The Products shall remain the property of SpinChem until paid for in full. The retention of title shall not affect the transfer of risk. The transfer of risk is governed by Incoterms 2010.
