Return of Xxxxx's Property. Xxxxxx 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 retake possession of or request the return of Buyer’s Property. Without further notice or court hearings, which rights, if any, are hereby 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 Buyer’s request and in accordance with Xxxxx’s instructions, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by Seller, either (i) Ex Works (IncoTerms 2000) at Seller’s plant properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such Buyer’s Property or (ii) to any location Buyer designates, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s Property to the location Buyer designates. If Seller does not release and deliver any Buyer’s Property in accordance with this Article, Xxxxx 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 4 contracts
Samples: General Terms and Conditions of Purchase, Purchasing Terms and Conditions, General Terms and Conditions
Return of Xxxxx's Property. Xxxxxx 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 retake take possession of or request the return of require that Seller deliver Buyer’s Property's Property to Buyer. Without further notice or court hearings, which rights, if any, are hereby 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 Buyer’s 's request and in accordance with Xxxxx’s 's instructions, Xxxxx’s 's Property will be immediately released to Buyer or delivered to Buyer by Seller, either either: (ia) Ex Works (IncoTerms 20002010) at Seller’s 's plant properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such Buyer’s Property 's Property, or (iib) to any location Buyer designates, 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 Xxxxx’s Property to Buyer at the end of the bailment, as directed by Xxxxx, will: (i) be a material breach of this Agreement, 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 Buyer as a result of Seller’s failure to release or deliver Xxxxx’s Property as provided in this Agreement. 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 's Property in accordance with this ArticleSection, Xxxxx 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 2 contracts
Samples: Purchase Order Terms and Conditions, Po Terms and Conditions
Return of Xxxxx's Property. Xxxxxx 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 retake take possession of or request the return of require that Seller deliver Buyer’s Property's Property to Buyer. Without further notice or court hearings, which rights, if any, are hereby 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 Buyer’s 's request and in accordance with Xxxxx’s 's instructions, Xxxxx’s 's Property will be immediately released to Buyer or delivered to Buyer by Seller, either either: (ia) Ex Works (IncoTerms 20002010) at Seller’s 's plant properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such Buyer’s Property 's Property, or (iib) to any location Buyer designates, 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 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 's Property in accordance with this ArticleSection, Xxxxx 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 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Return of Xxxxx's Property. Xxxxxx 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 retake possession of or request the return of Buyer’s 's Property. Without further notice or court hearings, which rights, if any, are hereby 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 Buyer’s Xxxxx's request and in accordance with Xxxxx’s 's instructions, Xxxxx’s 's Property will be immediately released to Buyer or delivered to Buyer by Seller, either (i) Ex Works (IncoTerms 2000) at Seller’s 's plant properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such Buyer’s 's Property or (ii) to any location Buyer designates, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s 's Property to the location Buyer designates. If Seller does not release and deliver any Buyer’s 's Property in accordance with this Article, Xxxxx 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: Seller Terms and Conditions
Return of Xxxxx's Property. Xxxxxx 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 retake possession of or request the return of Buyer’s Property. Without further notice or court hearings, which rights, if any, are hereby waived, Buyer or its designee(s) will have the right to enter Seller’s premises and take possession of any and all of BuyerXxxxx’s Property. Upon BuyerXxxxx’s request and in accordance with Xxxxx’s instructions, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by Seller, either (i) Ex Works (IncoTerms Inco Terms 2000) at Seller’s plant properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such Buyer’s Property or (ii) to any location Buyer designates, in which event Buyer will pay Seller the reasonable costs of delivering Buyer’s Property to the location Buyer designates. If Seller does not release and deliver any Buyer’s Property in accordance with this Article, Xxxxx 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