Risk/Ownership. 20.1 Risk of damage to or loss of the Goods will pass to Buyer on delivery (or deemed delivery in accordance with clause 19.5).
Risk/Ownership. 6.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.
6.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are in the physical possession of the Supplier and this shall apply even if the Supplier has agreed to cease charging the Rental.
6.3 Ownership of the Hire Goods shall be vested with the Supplier.
Risk/Ownership. 5.1 Risk in the Goods shall pass to the Customer on delivery.
5.2 Ownership of the Goods (both legal and equitable) shall not pass to the Customer until CPM receives payment in full and cleared funds for the Goods. The Customer may use or resell the Goods (as principal and not as CPM’s agent) in the ordinary course of business before it has paid for the Goods, in which case ownership of the Goods shall pass to the Customer immediately before resale occurs.
5.3 Until ownership of the Goods has passed to the Customer, it shall store the Goods on behalf of and in a fiduciary capacity for CPM, in a way that readily identifies them as belonging to CPM (by reference to the invoice or batch number), maintain the Goods in good condition and keep them insured against all risks from the time of delivery.
5.4 Plastic delivery crates marked as the property of CPM may be left with the customer on delivery. These crates remain the property of CPM and must be made available for collection by CPM. CPM reserves the right to invoice the customer for crates delivered and not returned.
5.5 CPM shall be entitled to recover payment for Goods notwithstanding that ownership of such Goods has not passed from CPM to the Customer.
5.6 If the Customer becomes subject to any of the events listed in clauses 7.1(b) to (d), it must notify CPM immediately. In respect of any Goods where ownership has not yet passed to the Customer, the Customer’s right to use or resell those Goods shall cease immediately and CPM may, without limiting any other rights or remedies it may have, require the Customer to deliver up all Goods in its possession immediately (at no cost to CPM) and if the Customer fails to do so, CPM or its agents may promptly enter any premises or vehicle of the Customer or any third party in order to recover them.
Risk/Ownership. 6.1 This schedule intends to give an overview of responsibility and risk associated with design, build, operation and delivery of the Platform and associated services.
6.2 The operational delivery and service management of the Platform is provided by the NCLST. The NCLST is accountable to the SRO or NPCC Lead (as appropriate), for the delivery and running of the Platform in the direction of the Roadmap. The Roadmap, and other operational issues, are steered and assured at a strategic level by the National Steering Group. Technical assurance is provided by the relevant design bodies as shown in the diagram in Appendix B.
6.3 The Director of National Single Online Home is responsible for its ongoing operational service, and working to the development (technical and content) direction set by the National Steering Group in terms of the Roadmap. Prior to the appointment of the Director of National Single Online Home being appointed, this role will be taken by the Product Owners.
6.4 Accountability for delivery of the Platform is that of the SRO (or NPCC Lead) (as appropriate) for the Programme. The DPC Programme Board chaired by the SRO will seek decisions related to the Programme which shall be taken on a 50/50 basis with the Host Force having 50% of the vote and the remaining board members having 50% of the vote. If a decision is made by the National Steering Group then it is this decision which shall be followed. If the National Steering Group is unable to make a decision then the provisions of the Escalation Procedure shall apply.
6.5 No Liability is assumed by the National Steering Group or through any member of the group or the organisation they represent, other than as detailed in the Agreement. The detailed provisions in relation to Liability are as set out in clause 28 of the Agreement and it is these provisions that will apply in relation to the sharing of the Liability under the Agreement.
Risk/Ownership. 7.1 Risk of damage to or loss of Goods shall pass to the Buyer on delivery in accordance with Condition 5.1.
7.2 If delivery is made in accordance with Condition 5.5 the risk of damage to or loss of Goods shall pass to the Buyer:
(a) where the Seller has used such means of delivery as it thinks fit, on the date of delivery to the agreed point of delivery; or
(b) where the Buyer has specified a carrier in accordance with Condition 5.5, on the date that the Goods are handed to such a carrier.
Risk/Ownership. 21.1 Risk of damage to or loss of the Goods will pass to Buyer on Delivery.
21.2 Legal and beneficial ownership of the Goods (excluding Software) will not pass to Buyer until Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
21.2.1 the Goods; and
21.2.2 all other sums which are or which become due to Supplier from Buyer on any account.
21.3 Until ownership of the Goods (excluding Software) has passed to Buyer, Buyer must:
21.3.1 hold the Goods on a fiduciary basis as Supplier’s bailee;
21.3.2 store the Goods (at no cost to Supplier) separately from all other Goods of Buyer or any third party in such a way that they remain readily identifiable as Supplier’s property;
21.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
21.3.4 maintain the Goods in satisfactory condition insured on Supplier’s behalf for their full price against all risks to the reasonable satisfaction of Supplier, and will whenever requested by Supplier produce a copy of the policy of insurance.
21.4 Buyer may resell the Goods (or, in the case of the Software, sublicense the Software) before ownership has passed to it solely on the following conditions:
21.4.1 any sale will be effected in the ordinary course of Buyer’s business at full market value and Buyer will account to Supplier accordingly; and
21.4.2 any such sale will be a sale of Supplier’s property o n Buyer’s own behalf and Xxxxx will deal as principal when making such a sale.
21.5 Buyer’s right to hold the Goods will terminate immediately if any of the circumstances set out in clauses 8.1 or 8.2 occur.
21.6 Supplier will be entitled to recover payment for the Goods notwithstanding that title in any of the Goods has not passed from Supplier.
21.7 Buyer grants Supplier, its agents and employees for the duration of the Contract and for a period of one year following the duration of the Contract, an irrevocable licence and provision at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where Xxxxx’s right to possession has terminated, to recover them.
21.8 On termination of the Contract, howsoever caused, Supplier’s (but not Buyer’s) rights contained in this clause 21 will remain in effect.
21.9 Buyer is solely responsible and liable for the proper legal disposal o f all materials purchased from Supplier at the end-of-life cycle of such materials.
Risk/Ownership. 6.1 Title to goods supplied by the Company will only be transferred to the Buyer when the Buyer has paid the indebted purchase price in full.
6.2 The Buyer does not have the right to transfer title to the goods, which remain the property of the Company until payment in full is received by the Company, to a third party without the express written permission of the Company.
6.3 All risks to the goods supplied by the Company transfer to the Buyer on delivery.
