RISK AND TRANSFER OF TITLE Sample Clauses

RISK AND TRANSFER OF TITLE. 11.1 Goods to be delivered and/or Goods with respect to which Services will be performed are for the account and risk of the Seller until the completion of the delivery as referred to in article 6.7. 11.2 If Buyer makes any payment before delivery, the title to the Goods to be imputed to that payment is transferred to Buyer at the moment of payment. The Seller is obligated to identify and to keep identifiable the Goods belonging to the Buyer which are still present at the Seller's. For these Goods, the Seller shall hold them on behalf of the Buyer.
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RISK AND TRANSFER OF TITLE. 11.1 Goods to be delivered and/or Goods with respect to which Services will be performed are for the account and risk of the Seller until the completion of the delivery as referred to in article 6.
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RISK AND TRANSFER OF TITLE. Risk of loss and damage passes to Customer upon Delivery. Title to purchased Hardware transfers to Customer after payment in full has been received by SISW. If applicable law does not allow or recognize retention of title by SISW after delivery, title to purchased Hardware and risk of loss will pass to Customer upon Delivery, but SISW retains a security interest in the Hardware to secure payment of the purchase price of such Hardware. In such case, Customer agrees to sign any documents that SISW reasonably determines to be necessary or convenient for use in filing or perfecting such security interest.
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RISK AND TRANSFER OF TITLE. 4.1 Unless agreed to the contrary by formal consent, the carriage of the goods and/or services specified in the purchase- and/or service order and services rendered hereto are for the account and risk of the Supplier until completion of delivery as defined in article 5.5. 4.2 The Supplier shall be obliged to take out a transport insurance that insures him adequately against all current risks of transport, irrespective of whether this carriage is effected by air, by rail, by road or via ocean or inland shipping. The Supplier must see to it that the Master and/or Owner of the vessel and MSM acting as an agent are mentioned in the policy as a co-insured. If desired by MSM, the policy shall be submitted to it beforehand for inspection and approval. 4.3 In case any payment has been effected on behalf of the Master and/or Owner of the vessel prior to actual delivery, ownership of the goods covered by that payment shall be considered to be transferred to the Master and/or Owner of the vessel at the moment of payment by transfer of possession of the goods. The Supplier is obliged to identify and keep identifiable these goods for the benefit of the Master and/or Owner of the vessel. The Supplier shall serve as holder or bailee to the Master and/or the Owner of the vessel in respect of the goods present at the Supplier’s premises. This article 4.3 does not prejudice to article 4.1 and article 5 (including but not limited to article 5.5). Article
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RISK AND TRANSFER OF TITLE. Risk of loss and/or damage shall pass to the Customer upon Delivery. Title to the Hardware shall be transferred to the Customer after payment in full has been received by SISW.
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RISK AND TRANSFER OF TITLE. 11.1 Goods to be delivered and/or Goods with respect to which Services will be performed are for the account and risk of Seller until the completion of the delivery as referred to in article 6.7. 11.2 If Buyer makes any payment before delivery, the title to the Goods to be imputed to that payment is transferred to Buyer at the moment of payment. Seller is obligated to identify and to keep identifiable the Goods belonging to Buyer which are still in Seller's possession, and shall hold them on behalf of Buyer. Risk of damage to such Goods shall remain with Seller until delivery in accordance with article 11.1. Seller shall insure the Goods from any damage for Xxxxx’s benefit.
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RISK AND TRANSFER OF TITLE. Risk of loss and damage passes to Customer upon Delivery. Title to purchased Hardware transfers to Customer after payment in full has been received by Siemens. If applicable law does not allow or recognize retention of title by Siemens after delivery, title to purchased Hardware and risk of loss will pass to Customer upon Delivery, but Siemens retains a security interest in the Hardware to secure payment of the purchase price of such Hardware. In such case, Customer agrees to sign any documents that Siemens reasonably determines to be necessary or convenient for use in filing or perfecting such security interest.
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RISK AND TRANSFER OF TITLE. Property in, title to and risk of loss of or damage to all Raw Materials and Product shall remain with NxStage and pass to Axxxxx only upon delivery of Product to the carrier. Products shall be properly prepared for safe and lawful shipment by NxStage and shall be shipped via the common carrier mutually agreed upon by the Parties. All shipments shall be accompanied by appropriate transportation documentation, as mutually agreed by the parties.[ * ]
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RISK AND TRANSFER OF TITLE. RỦI RO VÀ CHUYỂN QUYỀN SỞ HỮU 10.1 Goods to be delivered and/or Goods with respect to which Services will be performed are for the account and risk of the Seller until the completion of the delivery as referred to in article 5.8. Hàng Hóa được giao và/hoặc Hàng Hóa liên quan đến Dịch Vụ sẽ được thực hiện thuộc trách nhiệm và rủi ro của Bên Bán cho đến khi hoàn thành việc giao hàng như được đề cập trong điều 5.8. 10.2 If Buyer makes any payment before delivery, the title to the Goods to be imputed to that payment is transferred to Buyer at the moment of payment. The Seller is obligated to identify and to keep identifiable the Goods belonging to the Buyer which are still present at the Seller's premises. For these Goods, the Seller shall hold them on behalf of the Buyer. Nếu Bên Mua thực hiện bất kỳ khoản thanh toán nào trước khi giao hàng, quyền sở hữu Hàng Hóa được áp dụng cho khoản thanh toán đó sẽ được chuyển cho Bên Mua tại thời điểm thanh toán. Bên Bán có nghĩa vụ xác định và giữ cho Hàng Hóa đang giữa bởi Bên Bán luôn được xác định là thuộc về Bên Mua. Đối với những Hàng Hóa này, Bên Bán sẽ giữ thay mặt Bên Mua.
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Related to RISK AND TRANSFER OF TITLE

  • Transfer of Title Each party agrees that all right, title and interest in and to any Eligible Credit Support, Equivalent Credit Support, Equivalent Distributions or Interest Amount which it transfers to the other party under the terms of this Annex shall vest in the recipient free and clear of any liens, claims, charges or encumbrances or any other interest of the transferring party or of any third person (other than a lien routinely imposed on all securities in a relevant clearance system).

  • Condition of Title (a) At the Settlement Date, title to the Property shall be good and marketable and free and clear of all liens and encumbrances, easements, restrictions, rights and similar conditions, excepting Permitted Exceptions (as defined below) and matters appearing of public record on the Effective Date, subject to subparagraph 4(b) below. (b) During the Feasibility Period, Purchaser shall have the right to order a title search to be performed with regard to the Property, and to order a commitment for an owner policy title insurance (the “Commitment”) to be issued by the Title Company with regard to the Property, all at Purchaser’s sole cost and expense. Concurrently with its delivery of the Commitment to Purchaser, the Title Company shall deliver copies thereof to Seller. Purchaser shall further have the right to order a survey of the Property (the “Survey”), at its sole cost and expense. Purchaser shall promptly deliver to Seller and the Title Company a copy of the Survey as soon as it is available. Regardless of Purchaser’s election to order or not order any Commitment or Survey, Purchaser shall, no later than the date that is thirty (30) days after the Effective Date (the “Title Objection Date”), deliver written notice to Seller of any title or survey defect, lien, encumbrance or other matter with respect to the Property that is unacceptable to Purchaser, other than Permitted Exceptions (such matters being referred to herein as “Defects” and each being a “Defect”), together with complete copies of each of any Survey and Commitment, and all documents and instruments referred to therein. Purchaser’s election to not order any Commitment or Survey shall not relieve Purchaser of its obligations under this Section 4(b), or any other term or condition set forth herein. If, on or before the Title Objection Date, Purchaser properly gives notice to Seller of one or more Defects as required herein, Seller shall, within ten (10) business days after receiving such notice, notify Purchaser whether Seller will or will not attempt to cure such Defects to Purchaser’s reasonable satisfaction. Failure by Seller to deliver such notice shall be deemed Seller’s election not to cure any such Defects. If Seller elects (or is deemed to have elected) not to attempt to cure such Defects, Purchaser shall be entitled, by giving notice (the “Purchaser Notice”) to Seller within five (5) days after receiving such notice from Seller (but in any event prior to the expiration of the Feasibility Period), to terminate this Agreement, whereupon the Deposit shall be returned to Purchaser and neither party shall have any further liability hereunder (except with respect to Purchaser’s repair and indemnification obligations as set forth in Section 14 below). If Purchaser does not timely deliver the Purchaser Notice, such failure shall be deemed a waiver of Purchaser’s right to object to any Defects and Purchaser shall proceed to Settlement and accept title to the Property subject to the uncured Defects (which shall be deemed Permitted Exceptions), the Permitted Exceptions, all matters of public record on the Effective Date, and all matters that are or would be reflected in any Survey, without an abatement of the Purchase Price. If Seller elects in writing as aforesaid to attempt to cure any Defects, Seller shall use commercially reasonable efforts to cure such Defects prior to Settlement. If Seller elects to attempt to cure any Defects, but at the time of Settlement such Defects have not been cured, Purchaser’s sole option and remedy shall be either to (i) terminate this Agreement, whereupon the Deposit shall be returned to Purchaser and neither party shall have any further liability hereunder (except with respect to Purchaser’s repair and indemnification obligations as set forth in Section 14 below), or (ii) proceed to Settlement and accept title to the Property subject to such uncured Defects and all other Permitted Exceptions, without an abatement of the Purchase Price. (c) For the purposes of this Agreement, “Permitted Exceptions” shall mean (i) liens for real estate taxes and assessments not yet due and payable, (ii) applicable zoning, building and other laws, regulations and ordinances and any violations or any encroachments thereof,

  • Retention of Title 1. The Supplier reserves the right to retain the title to the goods supplied by the Supplier and any items created by processing or finishing these goods until all of the Supplier’s current or future receivables due from the Buyer and arising from the business relationship have been settled in full. The Buyer shall separately store and label the goods subject to extended retention of title. 2. The goods subject to retention of title are processed and finished for the Supplier as manufacturer within the meaning of Section 950 BGB, without this creating an obligation for the Supplier. In the event of the Buyer processing goods subject to retention of title together with other goods, the Supplier shall be entitled to co-ownership of the new items in proportion to the value of the goods subject to retention of title that have been processed compared to the other goods at the time of processing or finishing. The Buyer shall herewith already transfer the Supplier’s potential co- ownership shares created by combining, blending or mixing the goods supplied with other items to the Supplier. It shall herewith be agreed that the Buyer holds the goods in its role as a custodian for the Supplier and act with the due diligence of a business person in this respect. 3. The Buyer may only sell the goods supplied and the items created from processing or finishing, combining, blending and mixing these goods during the proper course of business and in return for cash or subject to retention of title. The goods shall not be assigned as security or pledged, nor shall any other decrees be permitted which infringe the Supplier’s rights. 4. The Buyer shall herewith already assign the receivables due to the Supplier due to the Buyer selling on the goods or any other legal reason relating to the goods subject to retention of title to the Supplier to provide the latter with security to the value or proceeds of the goods, if they do not reach the value of the goods. If the Buyer sells the goods subject to retention of title together with other goods, the Buyer shall assign the purchase price receivable for the goods subject to retention of title in full, or to the value of the processed goods subject to retention of title which are being sold in the event of the goods previously having been processed or finished together with goods not belonging to the Supplier. At a minimum, the value shall be the price agreed between the Supplier and Buyer (total value). 5. As long as the Buyer meets its obligations, the assignment shall be treated as a silent assignment and the Buyer may collect the receivable. The Buyer shall separately book and manage the payments received on the assigned receivables. 6. Should the value of the securities exceed the Supplier’s receivables due or non-due by more than 20%, the Buyer may request for them to be released. The Buyer shall agree to insure the goods supplied and items created therefrom against accidental damage or destruction, including risk of fire and theft, and provide the Supplier with proof of such insurance upon request. 7. The Buyer shall notify the Supplier immediately about any third-party access to the goods subject to retention of title or assigned receivables and provide all documents required for intervention of such actions. The Buyer shall bear the costs of such intervention.

  • Protection of Title (a) Santander Consumer shall authorize and file such financing statements and cause to be authorized and filed such continuation and other financing statements, all in such manner and in such places as may be required by law fully to preserve, maintain and protect the interest of the Purchaser under this Agreement in the Purchased Assets (to the extent that the interest of the Purchaser therein can be perfected by the filing of a financing statement). Santander Consumer shall deliver (or cause to be delivered) to the Purchaser file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing. (b) Santander Consumer shall notify the Purchaser in writing within ten (10) days following the occurrence of (i) any change in Santander Consumer’s organizational structure as a corporation, (ii) any change in Santander Consumer’s “location” (within the meaning of Section 9-307 of the UCC of all applicable jurisdictions) and (iii) any change in Santander Consumer’s name, and (A) shall take all action prior to making such change (or shall have made arrangements to take such action substantially simultaneously with such change, if it is not practicable to take such action in advance) reasonably necessary or advisable in the opinion of the Purchaser to amend all previously filed financing statements or continuation statements described in paragraph (a) above and (B) shall deliver to the Indenture Trustee within 30 days after such change an Opinion of Counsel either (a) stating that, in the opinion of such counsel, all financing statements and continuation statements and amendments thereto have been executed and filed that are necessary to preserve and protect the interest of the Issuer in the Receivables or (b) stating that, in the opinion of such counsel, no such action shall be necessary to preserve and protect such interest. (c) Santander Consumer shall maintain (or shall cause the Servicer to maintain) its computer systems so that, from time to time after the conveyance under this Agreement of the Receivables, the master computer records (including any backup archives) that refer to a Receivable shall indicate clearly the interest of the Purchaser (or any subsequent assignee of the Purchaser) in such Receivable and that such Receivable is owned by such Person. Indication of such Person’s interest in a Receivable shall not be deleted from or modified on such computer systems until, and only until, the related Receivable shall have been paid in full or repurchased. (d) If at any time Santander Consumer shall propose to sell, grant a security interest in or otherwise transfer any interest in motor vehicle receivables to any prospective purchaser, lender or other transferee, Santander Consumer shall give to such prospective purchaser, lender or other transferee computer tapes, records or printouts (including any restored from backup archives) that, if they shall refer in any manner whatsoever to any Receivable, shall indicate clearly that such Receivable has been sold and is owned by the Purchaser (or any subsequent assignee of the Purchaser).

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