RISK AND TITLE. (a) Risk of damage to or loss of the Goods shall pass to the Customer at the time when:
i) in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Customer fails to take delivery of the Goods in accordance with the terms of the Contract, the time when the Company tenders delivery of the Goods; or
ii) the Company notifies the Customer that the Goods are available for collection.
(b) Notwithstanding risk in the Goods passing in accordance with Term (7)(a) above, legal and equitable title in the Goods shall not pass to the Customer until payment in full in cleared funds is received by the Company for the Goods and no other amounts are outstanding from the Customer to the Company.
(c) Until title to the Goods has passed to the Customer, the Customer shall:
i) hold the Goods on a fiduciary basis as the Company’s bailee;
ii) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;
iii) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
iv) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
v) notify the Company immediately if it becomes subject to insolvency proceedings, ceases or threatens to cease to carry on its business or is the subject of any enforcement action by a creditor (including the presentation of a petition for bankruptcy); and
vi) give the Company such information relating to the Goods as the Company may require from time to time, however, the Customer may use the Goods in the ordinary course of its business.
(d) The Company is irrevocably authorised at any time to enter the Customer’s premises or any alternative location where the Goods are stored for the purpose of repossessing, removing and if necessary dismantling such Goods for the purposes of removal.
(e) The Company’s rights set out in this Term (7) shall survive any termination of the Contract.
RISK AND TITLE. (a) Risk of damage to or loss of Products will pass to Customer (i) upon delivery by Signify to Customer in accordance with the applicable INCOTERM; or (ii) in the event that Signify Installs Products on-site, unless agreed otherwise, upon delivery on-site.
(b) Legal title to Products will pass to Customer only when Signify (or its financiers) has received payment for such Products in full and, to the extent permitted by applicable law, Signify received payment in full of all other amounts due by Customer under any other agreement with Signify (or any of its affiliates). Until legal title to Products has passed to Customer, Customer shall (i) not assimilate, transfer or pledge any of the Products, or grant any right or title in the Products to any third party, except in the normal course of business and against payment or subject to retention of title; and (ii) ensure that the Products remain identifiable as Products owned by Signify. In the event of breach by Customer, Signify may require that Customer return to Signify, at Customer’s cost (including costs for de-installation), all Products in which the title has not yet passed and Customer shall fully cooperate to enable Signify to collect such Products and grant Signify (or its representative) free access to the location of the Products, and other equipment supplied and/or used by Signify in the performance of Services.
RISK AND TITLE. The Products will be at your risk from the time of delivery in the address indicated by You. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), should this be later.
RISK AND TITLE. 8.1 Risk of damage to or loss of the System/Equipment and the requirement to insure the equipment shall pass to the Customer at the time of delivery to the Site.
8.2 Title to the Customer’s Equipment shall not pass to the Customer until the Company has received payment in full in cleared funds, of the Installation/supply Charge of the System/Equipment together with any charges levied under the terms of Clause 6. Including for any interest and administrative charge applied.
8.3 Until such time as title to the Customer’s Equipment passes to the Customer, the Customer shall hold the Customer’s Equipment as the Company’s fiduciary agent and bailee.
RISK AND TITLE. Risk in the Deliverables passes from the Supplier to Boeing on the completion of both delivery and Acceptance. Ownership of, and unencumbered title to, the Deliverables or any part of the Deliverables passes to Boeing upon payment. Where payment is made in instalments, ownership passes in proportion to the percentage paid.
RISK AND TITLE. 7.1 The risk of loss of, or damage to, the Goods shall pass from Kodak to Customer as specified in the applicable Incoterm.
7.2 Subject to the provisions of the Software license, title to the Goods will pass from Kodak to Customer upon payment of all amounts due to Kodak, however incurred. As long as Kodak retains title on the Goods, the Customer may not without Kodak’s agreement sell or transfer the Goods to a third party or pledge or charge or give to any third parties any security on the Goods. Customer shall keep the Equipment in good working order and insured against all risk of loss or damage for Kodak and shall provide Kodak with proof thereof upon request. Customer will keep the Goods clearly identified as Kodak property and inform the landlords of its Site that Kodak owns the Goods. Until ownership of the Goods passes from Kodak, Customer irrevocably authorises Kodak and its representatives to enter any premises where Kodak reasonably believes the Goods are situated to repossess the same at Customer’s expense. Kodak can carry out any works to premises (at the Customer’s expense without being liable to reinstate) necessary to remove the Goods.
RISK AND TITLE. Subject to clause 6, ownership of, and risk in, your Milk will pass to us once loaded into our collection vehicle at your Farm(s). The Processor becomes the owner of the milk when the hose is decoupled from the vat and the supplied milk is in the truck’s tank or other transport device, in accordance with section 30 of the Code.
RISK AND TITLE. B5.1 Risk in any goods provided as part of the Services shall pass to the Council upon delivery without prejudice to any rights of rejections which may accrue to the Council under the Contract or otherwise.
B5.2 Title in any goods provided as part of the Services shall pass to the Council upon delivery or earlier payment.
RISK AND TITLE. 7.1.1 Supplier warrants that it owns the Milk supplied to ACM and that it has the right and authority to supply and sell the Milk to ACM free from any encumbrance, mortgage, charge or other security interests.
7.1.2 Risk and title to the Milk passes to ACM at the time the Milk is loaded into the tanker at the Farm, provided however, risk and title in any Milk that is collected by ACM but then subsequently rejected in accordance with ACM’s Quality Standards shall automatically revert back to Supplier. Supplier must, at its own cost, effect and maintain, during the Term, a public liability insurance policy with a minimum level of cover of the Insured Amount and all other insurance required to be held and maintained by law, including without limitation, workers' compensation insurance. Upon request, Supplier must provide ACM with satisfactory evidence that Supplier has complied, and continues to comply, with its obligations under this clause.
RISK AND TITLE. 7.1 Risk in the Equipment will pass to the Customer from the time of delivery to the Customer.
7.2 Title or licence to use the Equipment shall pass to the Customer on the later of completion of delivery of the Equipment or when Cavendish Communications has received in full, cleared funds, all sums due to it in respect of the Equipment and all other sums which are or will become due to Cavendish Communications from the Customer on any account.
7.3 Until ownership or licence of the Equipment has passed to the Customer, the Customer shall:
7.3.1 hold the Equipment on a fiduciary basis as Cavendish Communications’ bailee;
7.3.2 store the Equipment (at no cost to Cavendish Communications) separately from all other Equipment of the Customer or third party in such a way that they remain readily identifiable as Cavendish Communications’ property;
7.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Equipment; and
7.3.4 maintain the Equipment in satisfactory condition and keep it insured on Cavendish Communications’ behalf for its full price against all risks to the reasonable satisfaction of Cavendish Communications. On request the Customer shall produce the policy of insurance to Cavendish Communications.
7.4 The Customer's right to possession of the Equipment shall terminate immediately if:
7.4.1 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possi...
