Common use of RISK AND PROPERTY Clause in Contracts

RISK AND PROPERTY. 6.1 The Goods shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises. 6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company until: 6.2.1 the Customer has paid the cost of the Goods plus VAT in full; and 6.2.2 no other sums whatever shall be due from the Customer to the Company. 6.3 Until property in the Goods passes to the Customer in accordance with clause 6.2, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property. 6.3 Until ownership of the Goods has passed to the Customer, the Customer shall hold the Goods on a fiduciary basis as the Company’s bailee and store the Goods (at no cost to the Company) in such a way that they remain readily identifiable as the Company’s property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company. 6.4 The Customer may resell the Goods before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale. 6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform any of its obligations under these Conditions or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or the Customer encumbers or in any way charges the Goods. 6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company. The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter the premises where the Goods are being stored in order to inspect them, or where the Customer’s right to possession has terminated, to recover them. Where the Company is unable to determine whether any goods are the Goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer. On termination of the Contract, howsoever caused, the Company’s rights contained in this clause shall remain in effect.

RISK AND PROPERTY. 6.1 The Goods shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises. 6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company untiluntil : 6.2.1 the The Customer has paid the cost of the Goods plus VAT in full; and 6.2.2 no No other sums whatever whatsoever shall be due from the Customer to the Company. 6.3 Until property in the Goods passes to the Customer in accordance with clause 6.2, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property. 6.3 6.3.1 Until ownership of the Goods goods has passed to the Customer, the Customer shall hold the Goods goods on a fiduciary basis as the Company’s bailee and store the Goods (at no cost to the Company) in such a way that they remain readily identifiable as the Company’s property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and maintain the Goods goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company. 6.4 The Customer may resell the Goods goods before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale. 6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform any of its obligations under these Conditions or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 Xxx 0000 or the Customer ceases to trade or the Customer encumbers or in any way charges the Goods. 6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods goods has not passed from the Company. The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter the premises where the Goods are being stored in order to inspect them, or where the Customer’s right to possession has terminated, to recover them. Where the Company is unable to determine whether any goods are the Goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer. On termination of the Contract, howsoever caused, the Company’s rights contained in this clause shall remain in effect.

RISK AND PROPERTY. 6.1 7.1 The Goods Equipment shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises. 6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company until: 6.2.1 the Customer has paid the cost of the Goods plus VAT in full; and 6.2.2 no other sums whatever shall be due from the Customer to the Company. 6.3 Until property in the Goods passes until delivery to the Customer at the place of delivery specified in accordance with clause 6.2, the Agreement. 7.2 Ownership of the Equipment shall pass to the Customer shall hold on the Goods and each later of them on a fiduciary basis as bailee for completion of delivery, or when the Company. The Customer shall store Company has received in full in cleared funds all sums due to it in respect of the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s propertyEquipment. 6.3 7.3 Until ownership of the Goods Equipment has passed to the CustomerCustomer under condition 7.2, the Customer shall shall: (a) hold the Goods Equipment on a fiduciary basis as the Company’s bailee and 's bailee; (b) store the Goods Equipment (at no cost to the Company) in such satisfactory conditions and separately from all the Customer's other equipment or that of a way third party, so that they remain it remains readily identifiable as the Company’s property and 's property; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and maintain Equipment; and (d) keep the Goods in satisfactory condition and keep them Equipment insured on the Company’s 's behalf for their its full price against all risks with a reputable insurer to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to , ensure that the Company's interest in the Equipment is noted on the policy, and hold the proceeds of such insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.4 7.4 The Customer may resell Customer's right to possession of the Goods Equipment before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale. 6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform if any of its obligations under these Conditions the circumstances set out in condition 12.1 arise or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or if the Customer encumbers or in any way charges the GoodsEquipment, or if the Customer fails to make any payment to the Company on the due date. 6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company. 7.5 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter the any premises where the Goods are being Equipment is or may be stored in order to inspect themit, or where the Customer’s 's right to possession has terminated, to recover themremove it. Where the Company is unable to determine whether any goods are the Goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold All costs incurred by the Company to in repossessing the Customer in the order in which they were invoiced to Equipment shall be borne by the Customer. . 7.6 On termination of the Contract, howsoever causedAgreement for any reason, the Company’s 's (but not the Customer's) rights contained in this clause condition 7 shall remain in effect.

RISK AND PROPERTY. 6.1 The Goods shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises. 6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company untiluntil : 6.2.1 the The Customer has paid the cost of the Goods plus VAT in full; and 6.2.2 no No other sums whatever whatsoever shall be due from the Customer to the Company. 6.3 Until property in the Goods passes to the Customer in accordance with clause 6.2, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property. 6.3 6.3.1 Until ownership of the Goods goods has passed to the Customer, the Customer shall hold the Goods goods on a fiduciary basis as the Company’s bailee and store the Goods (at no cost to the Company) in such a way that they remain readily identifiable as the Company’s property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and maintain the Goods goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company. 6.4 The Customer may resell the Goods goods before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale. 6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform any of its obligations under these Conditions or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or the Customer encumbers or in any way charges the Goods. 6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods goods has not passed from the Company. The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter the premises where the Goods are being stored in order to inspect them, or where the Customer’s right to possession has terminated, to recover them. Where the Company is unable to determine whether any goods are the Goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer. On termination of the Contract, howsoever caused, the Company’s rights contained in this clause shall remain in effect.

RISK AND PROPERTY. 6.1 7.1 The Goods Equipment shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises. 6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company until: 6.2.1 the Customer has paid the cost of the Goods plus VAT in full; and 6.2.2 no other sums whatever shall be due from the Customer to the Company. 6.3 Until property in the Goods passes until delivery to the Customer at the place of delivery specified in accordance with clause 6.2, the Agreement. 7.2 Ownership of the Equipment shall pass to the Customer shall hold on the Goods and each later of them on a fiduciary basis as bailee for completion of delivery, or when the Company. The Customer shall store Company has received in full in cleared funds all sums due to it in respect of the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s propertyEquipment. 6.3 7.3 Until ownership of the Goods Equipment has passed to the CustomerCustomer under condition 7.2, the Customer shall shall: (a) hold the Goods Equipment on a fiduciary basis as the Company’s bailee and 's bailee; (b) store the Goods Equipment (at no cost to the Company) in such satisfactory conditions and separately from all the Customer's other equipment or that of a way third party, so that they remain it remains readily identifiable as the Company’s property and 's property; (c) not destroy, deface or obscure any identifying mark xxxx or packaging on or relating to the Goods and maintain Equipment; and (d) keep the Goods in satisfactory condition and keep them Equipment insured on the Company’s 's behalf for their its full price against all risks with a reputable insurer to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to , ensure that the Company's interest in the Equipment is noted on the policy, and hold the proceeds of such insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.4 7.4 The Customer may resell Customer's right to possession of the Goods Equipment before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale. 6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform if any of its obligations under these Conditions the circumstances set out in condition 12.1 arise or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or if the Customer encumbers or in any way charges the GoodsEquipment, or if the Customer fails to make any payment to the Company on the due date. 6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company. 7.5 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter the any premises where the Goods are being Equipment is or may be stored in order to inspect themit, or where the Customer’s 's right to possession has terminated, to recover themremove it. Where the Company is unable to determine whether any goods are the Goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold All costs incurred by the Company to in repossessing the Customer in the order in which they were invoiced to Equipment shall be borne by the Customer. . 7.6 On termination of the Contract, howsoever causedAgreement for any reason, the Company’s 's (but not the Customer's) rights contained in this clause condition 7 shall remain in effect.