Return of Buyer’s Property. Seller agrees that Xxxxx has the right, at any time and from time to time, with or without reason and without payment of any kind, to take possession of or require that Seller deliver Buyer’s Property to Buyer. Without further notice or court hearings, which rights, if any, are waived, Buyer or its designee(s) will have the right to enter Seller’s premises and take possession of any and all of Buyer’s Property. Upon Xxxxx’s request and in accordance with Xxxxx’s instructions, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by Seller to any location Buyer designates in accordance with Buyer’s shipping instructions and terms, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s Property to the location Buyer designates. Seller’s failure to release or deliver any item of Buyer’s Property to Buyer at the end of the bailment, as directed by Xxxxx, will: (i) be a material breach of this Contract, and (ii) subject Seller to liability for, among other things, conversion, and responsibility for all costs and expenses, including actual attorneys’ fees, incurred by Buyer to recover Buyer’s Property and any Damages incurred by Xxxxx as a result of Seller’s failure to release or deliver Xxxxx’s Property as provided in this Contract. Seller waives any objection to Xxxxx’s repossession and removal of Xxxxx’s Property for any or no reason, including bankruptcy or insolvency proceedings. If Seller does not release and deliver any Buyer’s Property in accordance with this Section 18.4, Buyer may obtain an immediate writ of possession without notice and without the posting of any bond and/or enter Seller’s premises, with or without legal process, and take immediate possession of Buyer’s Property.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Return of Buyer’s Property. Seller agrees that Xxxxx Buyer has the right, at any time and from time to time, with or without reason and without payment of any kind, to take possession of or require that Seller deliver Buyer’s 's Property to Buyer. Without further notice or court hearings, which rights, if any, are waived, Buyer or its designee(s) will have the right to enter Seller’s 's premises and take possession of any and all of Buyer’s Property's Property and the Seller expressly agrees hereto and undertakes to comply. Upon Xxxxx’s Buyer's request and in accordance with Xxxxx’s Buyer's instructions, Xxxxx’s Buyer's Property will be immediately released to Buyer or delivered to Buyer by Seller Seller, either: (a) Ex Works (IncoTerms 2010) at Seller's plant packed and marked in accordance with the requirements of the carrier selected by Buyer to transport Buyer's Property, or (b) to any location Buyer designates in accordance with Buyer’s shipping instructions and termsdesignates, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s 's Property to the location Buyer designates. Seller’s failure to release or deliver any item of Buyer’s Property to Buyer at the end of the bailment, as directed by XxxxxBuyer, will: (i) be a material breach of this ContractAgreement, and (ii) subject Seller to liability for, among other things, conversion, and responsibility for all costs and expenses, including actual attorneys’ fees, incurred by Buyer to recover Buyer’s Property and any Damages incurred by Xxxxx Buyer as a result of Seller’s failure to release or deliver XxxxxBuyer’s Property as provided in this ContractAgreement. Seller waives any objection to Xxxxx’s Buyer's repossession and removal of XxxxxBuyer’s Property for any or no reason, including bankruptcy or insolvency proceedings. If Seller does not release and deliver any Buyer’s 's Property in accordance with this Section 18.4Section, Buyer may obtain an immediate writ of possession ex parte without notice and without the posting of any bond and/or enter Seller’s 's premises, with or without legal process, and take immediate possession of Buyer’s 's Property.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Return of Buyer’s Property. Seller agrees that Xxxxx Buyer has the right, at any time and from time to time, with or without reason and without payment of any kind, to take possession of or require that Seller deliver Buyer’s 's Property to Buyer. Without further notice or court hearings, which rights, if any, are waived, Buyer or its designee(s) will have the right to enter Seller’s 's premises and take possession of any and all of Buyer’s 's Property. Upon Xxxxx’s Buyer's request and in accordance with Xxxxx’s Buyer's instructions, Xxxxx’s Buyer's Property will be immediately released to Buyer or delivered to Buyer by Seller Seller, either: (a) Ex Works (IncoTerms 2010) at Seller's plant packed and marked in accordance with the requirements of the carrier selected by Buyer to transport Buyer's Property, or (b) to any location Buyer designates in accordance with Buyer’s shipping instructions and termsdesignates, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s 's Property to the location Buyer designates. Seller’s failure to release or deliver any item of Buyer’s Property to Buyer at the end of the bailment, as directed by XxxxxBuyer, will: (i) be a material breach of this ContractAgreement, and (ii) subject Seller to liability for, among other things, conversion, and responsibility for all costs and expenses, including actual attorneys’ fees, incurred by Buyer to recover Buyer’s Property and any Damages incurred by Xxxxx Buyer as a result of Seller’s failure to release or deliver XxxxxBuyer’s Property as provided in this ContractAgreement. Seller waives any objection to Xxxxx’s Buyer's repossession and removal of XxxxxBuyer’s Property for any or no reason, including bankruptcy or insolvency proceedings. If Seller does not release and deliver any Buyer’s 's Property in accordance with this Section 18.4Section, Buyer may obtain an immediate writ of possession without notice and without the posting of any bond and/or enter Seller’s 's premises, with or without legal process, and take immediate possession of Buyer’s 's Property.
Appears in 1 contract
Samples: Po Terms and Conditions
Return of Buyer’s Property. Seller agrees that Xxxxx has the right, at any time and from time to time, with or without reason and without payment of any kind, to take possession of or require that Seller deliver Buyer’s Property to Buyer. Without further notice or court hearings, which rights, if any, are waived, Buyer or its designee(s) will have the right to enter Seller’s premises and take possession of any and all of Buyer’s Property. Upon Xxxxx’s request and in accordance with Xxxxx’s instructions, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by Seller to any location Buyer designates in accordance with Buyer’s shipping instructions and terms, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s Property to the location Buyer designates. designates. Seller’s failure to release or deliver any item of Buyer’s Property to Buyer at the end of the bailment, as directed by Xxxxx, will: (i) be a material breach of this Contract, and (ii) subject Seller to liability for, among other things, conversion, and responsibility for all costs and expenses, including actual attorneys’ fees, incurred by Buyer to recover Buyer’s Property and any Damages incurred by Xxxxx as a result of Seller’s failure to release or deliver Xxxxx’s Property as provided in this Contract. Seller waives any objection to Xxxxx’s repossession and removal of Xxxxx’s Property for any or no reason, including bankruptcy or insolvency proceedings. If Seller does not release and deliver any Buyer’s Property in accordance with this Section 18.4, Buyer may obtain an immediate writ of possession without notice and without the posting of any bond and/or enter Seller’s premises, with or without legal process, and take immediate possession of Buyer’s Property.
Appears in 1 contract
Samples: General Terms and Conditions