Rights in relation to Goods Sample Clauses

Rights in relation to Goods. While Goods remain the property of The Pump House (or of any other supplier on behalf of whom The Pump House is selling the Goods):
AutoNDA by SimpleDocs
Rights in relation to Goods. (i) The Seller reserves the rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid. These are rights: (a) to ownership of the Goods; (b) to enter the Buyer's premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and (c) subject to, and in accordance with, the Personal Property Securities Xxx 0000 (Cth), to keep or resell any Goods repossessed pursuant to paragraph 8(i)(b) above. (ii) If the Buyer resells the Goods, the Buyer must hold part of the proceeds of any such sale, as represents the invoice price of the Goods sold, in a separate identifiable account as the beneficial property of the Seller. The Buyer must pay this amount to the Seller upon request. Despite these provisions, the Seller is entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods must pass to the Buyer upon delivery. (iii) Prior to title in the Goods passing to the Buyer under the terms of this agreement, the Buyer agrees that: (a) the Buyer has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation the Seller owes to the Buyer; (b) the Buyer cannot claim any lien over the Goods; (c) the Buyer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by the Seller; and (d) where the Buyer is in actual or constructive possession of the Goods: (A) the Buyer will not deliver them or any document of title to the Goods to any person except as directed by the Seller; and (B) it is in possession of the Goods as a bailee of those Goods and owes the Seller the duties and liabilities of a bailee. (iv) In connection with the Goods, the Seller states to the Buyer that the Seller has the right to supply the Goods to the Buyer; (v) The Seller and the Buyer agree that: (a) the property of the Seller in the Goods remains with the Seller until the Seller has been paid in full for the Goods under all individual contracts for the supply of the Goods; (b) the Buyer is a bailee of the Goods until property in them passes to the Buyer and this bailment continues in relation to each of the Goods until the price of the Goods has been paid in full; and (c) pending payment in full for the Goods, the Buyer: (A) must not supply any of the Goods to any person outside of its ordinary or usual...
Rights in relation to Goods. (a) Property and title in Goods do not pass to the Buyer until all money (including money owing in respect of other transactions between the Seller and the Buyer) due and payable to the Seller by the Buyer have been fully paid. (b) The Seller reserves the rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid. These are rights to ownership of the Goods and subject to, and in accordance with, the Personal Property Securities Act 2009 (Cth) (PPSA) and Australian Consumer Law, to keep or resell any Goods. (c) Prior to title in the Goods passing to the Buyer under the terms of this Agreement, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create a security interest over the Goods in favour of the Buyer or any third party. (d) Unless the Goods are used predominantly for personal, domestic or household purposes, the Seller and the Buyer agree that each of the following requirements or rights under the PPSA does not apply to the enforcement of the Seller’s security interest in the Goods or of this Agreement: (i) (ii) (iii) (iv)
Rights in relation to Goods. (a) The Seller reserves its rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid. These are rights to ownership of the Goods; (b) In connection with the Goods, the Seller states to the Buyer that: (i) the Seller has the right to supply the Goods to the Buyer; (ii) the activities of the Buyer in supplying the Goods do not infringe the rights of the owner of the Goods (where the Seller is not the owner of the Goods); and (iii) if the Goods are not owned by the Seller, that the Seller is authorised to supply the goods to the Buyer.
Rights in relation to Goods. 10.1 The Customer and the Company agree that: 10.1.1 Property and ownership (including legal and equitable title) in any Goods sold by the Company to the Customer remains with the Company until the Customer meets all of its obligations pursuant to the Terms and Conditions, including but not limited to payment in full of the purchase price of the Goods and all other amounts owing to the Company by the Customer; 10.1.2 Risk in the Goods shall pass to the Customer at the time of delivery. The Customer shall insure (and keep insured) the Goods on the following conditions until such time as property and ownership (including legal and equitable title) pass to the Customer: 10.1.2.1 The Goods shall be insured for their full insurable or replacement value (whichever is higher); and 10.1.2.2 The Goods shall be insured by an insurer licensed or authorized to conduct the business of insurance in the place where the Goods will be stored. 10.1.3 If the Customer fails to pay for the Goods within the period of credit (if any) extended by the Company to the Customer: 10.1.3.1 The Customer shall deliver the Goods to the Company, where demanded by the Company or its Agent; or 10.1.3.2 The Company may recover possession of the Goods by any necessary means at any site owned, possessed or controlled by the Customer; 10.1.3.3 The Customer agrees that the Company has an irrevocable license to exercise its rights under this clause; 10.1.3.4 The Customer shall be liable for all costs associated with the exercise of the Company’s rights under this clause, and this liability shall be payable on demand. 10.1.4 If the Customer shall not purchase, make orders or have any dealings with any entity other than the Company in relation to any and all goods that the Company now, previously or in the future has available for supply and/or purchase. 10.2 The Company and the Customer agree that, until property and ownership (including legal and equitable title) of the Goods has passed to the Customer: 10.2.1 The Customer will not supply any of the Goods to any person outside of its ordinary or usual course of business; 10.2.2 The Customer will not allow any person to have or acquire any security interest in the Goods; 10.2.3 The Customer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorized by the Company; 10.2.4 The Customer must not remove, deface or obliterate any identifying place, xxxx or number on any of the Goods; 10.2....
Rights in relation to Goods. 6.1 The property in the Goods will not pass to the Customer until payment in full on any account whatsoever has been received by the Company and the Customer’s cheque has been honoured whether or not that account relates to the sale of Goods. If the Customer fails to honour any of these terms and conditions of sale, the Company, without notice, will have the right to take possession of the Goods which are the subject of this reservation of title, or trace the proceeds of sale thereof, as the case may be, and to recover the full amount owing to the Company together with interest and costs, if any. The Customer will hold the Goods supplied by the Company in such a way as to identify them as being goods in which property has not passed to the Customer pending payment in full and must notify the Company of the Customer’s intention to sell its business or undertakings to any party, where that sale may include goods in which property has not yet passed to the Customer. and Territory laws and Goods supplied or services provided to the Customer are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then unless the Customer establishes that reliance on this provision would not be fair and reasonable, the liability for a breach of a condition or warranty implied into these terms and conditions by the Trade Practices Act or by any similar State and Territory laws (other than a condition implied by section 69 of the Trade Practices Act or by the equivalent provisions of any similar State or Territory laws) is limited to any one of the following as determined by the Company: (a) in the case of Goods supplied: (1) the replacement of the Goods or the supply or equivalent Goods; (2) the repair of the Goods; (3) the payment of the cost or replacement of the Goods or of acquiring equivalent Goods; or (4) for the payment of the cost of having the Goods repaired. (b) in the case of services provided: (1) the supply of the services again; or (2) the payment of the cost of having the services supplied again.
Rights in relation to Goods. 9.1. Until all amounts invoiced to the Customer by AEA for Goods and/or Services are fully paid, AEA will retain full and unfettered ownership and title of all Goods. All Goods are to be kept separate and marked as owned by AEA and AEA reserves all of the following rights in relation to all Goods ordered by the Customer: a. to enter the Customer’s premises (or the premises of any associated company, agent or contractor where the Goods are located) without notice or liability for trespass or any resulting damage and retake possession of the Goods; and b. to keep or re-sell any Goods repossessed. 9.2. If any Goods which have not been fully paid for are sold, or any products manufactured using the Goods are sold, by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the outstanding Invoice price of the Goods sold or used in the manufacture of products sold in a separate identifiable account as the beneficial property of AEA and shall pay such amount to AEA upon request. 9.3. Notwithstanding the provisions above AEA shall be entitled to maintain an action against the Customer for the Invoice price, and the risk of the Goods shall pass to the Customer as set out in clause 8.
AutoNDA by SimpleDocs
Rights in relation to Goods. Starlight Engineering reserves the following rights in relation to the Products until all accounts owed by the Customer to Starlight Engineering are fully paid: (a) ownership of the Products; (b) to enter the Customer's premises (or the premises of any associated company or agent where the Products are located) without liability for trespass or any resulting damage and retake possession of the Products; and (c) to keep or resell any Products repossessed pursuant to (b) above; (d) If the Products are resold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the Products sold or used in the manufacture of the Products sold in a separate identifiable account as the beneficial property of Starlight Engineering and shall pay such amount to Starlight Engineering upon request. (e) Notwithstanding the provisions above, Starlight Engineering shall be entitled to maintain an action against the Customer for the purchase price and the risk of the Products shall pass to the Customer upon delivery.
Rights in relation to Goods. The Company reserves the following rights in relation to the goods until all accounts owed by the Customer to the Company are fully paid: 1. Legal ownership of all goods; 2. To enter the customer's premises (or the premises of any associated company or agent where the goods are located) without liability for trespass of any resulting damage and retake possession of the goods; and 3. To keep or resell any goods repossessed pursuant to (2) above; If the goods are resold, or products manufactured using the goods are sold by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the Company, shall pay such amount to the Company upon request. Notwithstanding the provisions above the company shall be entitled to maintain an action against the customer for the purchase price and the risk of the goods shall pass to the customer upon delivery.

Related to Rights in relation to Goods

  • NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is set forth in Exhibit E of this Master Agreement and is also available on the Internet at xxx.xxxxxxxxxx.xxx for printing purposes.

  • Files Management and Record Retention relating to Grantee and Administration of this Agreement a. The Grantee shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Florida Housing under this Agreement. b. Contents of the Files: Grantee must maintain files containing documentation to verify all funds awarded to Grantee in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Grantee in connection with this Agreement. Grantee must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement.

  • What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the address(es) listed on your statement. In your letter, give us the following information:

  • XXXXX-XXXXX AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

  • Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to xxxx@xxxx-xxx.xxx The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- xxx.xxx. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award.

  • Certification Regarding Prohibition of Boycotting Israel (Tex Gov. Code 2271)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!