Common use of RISK AND PROPERTY Clause in Contracts

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Commencement Date and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: - 5.2.1 the Purchaser grants Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 5.1 6.1 The risk in the Products shall pass to the Purchaser on immediately upon the Commencement Date commencement of loading and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 6.2 Notwithstanding the passing of risk under Clause 5.1 6.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 6.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and 6.2.2 the Purchaser shall immediately notify Forestry and Land Scotland if the Purchaser (or its directors) intend to present a petition for the making of an administration order or a winding-up petition or if the Purchaser (or its directors) is aware of any such intention on the part of any of the Purchaser's creditors or if any of the other circumstances specified in Clauses 7.8.1 to 7.8.5 inclusive are to the Purchaser's knowledge considered likely to arise.

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on immediately upon collection or fifteen business days following the Commencement Date issue of Weekly Notification in respect of those Products whichever is the sooner and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove removed the Total Quantity, Quantity for a particular Period in question property in and title to all the Products purchased and sold in the relevant Period shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 5.1 6.1 The risk in the Products shall pass to the Purchaser on immediately upon the Commencement Date commencement of loading and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 6.2 Notwithstanding the passing of risk under Clause 5.1 6.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 6.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and 6.2.2 the Purchaser shall immediately notify Forestry and Land Scotland if the Purchaser (or its directors) intend to present a petition for the making of an administration order or a winding-up petition or if the Purchaser (or its directors) is aware of any such intention on the part of any of the Purchaser's creditors or if any of the other circumstances specified in Clauses 7.9.1 to 7.9.5 inclusive are to the Purchaser's knowledge considered likely to arise.

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on immediately upon collection or fifteen Business Days following the Commencement Date issue of Weekly Notification in respect of those Products whichever is the sooner and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Felling Commencement Date and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove removed the Total QuantityQuantity for a particular Period, in question, property in and title to all the Products purchased and sold in the relevant Period as represented by each separate Instalment shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 5.1 The risk in all the Products shall pass to the Purchaser on immediately upon collection or fifteen Business Days following the Commencement Date issue of Weekly Notification in respect of those Products whichever is the sooner and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove removed the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -applicable:- 5.2.1 the Purchaser grants to Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser purchaser shall be borne by the Purchaser; and