RISK/TITLE. 6.1. The Goods are at the risk of the Customer from the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, at the time when BZR has tendered delivery of the Goods.
6.2. Notwithstanding delivery and the passing of risk in the Goods, ownership of the Goods shall not pass to the Customer until BZR has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to BZR from the Customer on any account.
6.3. Until such time as property and the Goods passes to the Customer, the Customer shall hold the Goods as BZR’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and the third parties and properly stored, protected and insured and identified as BZR’s property, but the Customer may resell or use the Goods in the ordinary course of its business.
6.4. Until such time as the property and the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Customer to deliver up the Goods to BZR, and if the Customer fails to do so forthwith, enter on any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
6.5. The Customer shall not be entitled to pledge or in any way charge by way of security for indebtedness any of the Goods which remain the property of BZR, but if the Customer does so all monies owing by the Company to BZR shall (without limiting any other right or remedy of BZR ) forthwith become due and payable.
6.6. BZR shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from BZR.
RISK/TITLE. 6.1 Risk of loss or damages shall pass onto BUYER according to the clause of the Incoterms 2000 as defined in Section 3.1.
6.2 SELLER retains title to the COMPONENTS until all payments due to SELLER have been finally effected by BUYER. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
RISK/TITLE. Goods are at the risk of Buyer from time of delivery. Buyer’s right to possession of Goods shall terminate immediately if: (i) Buyer has a bankruptcy order made against it 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 Buyer or notice of intention to appoint an administrator is given by Buyer 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 Buyer or for the granting of an administration order in respect of Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of Buyer; or (ii) Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between Seller and Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or Buyer ceases to trade; or (iii) Buyer encumbers or in any way charges any of Goods. Seller shall be entitled to recover payment for Goods notwithstanding that ownership of any of Goods has not passed from Seller. While any payment for Goods remains outstanding, Seller may require return of Goods. Where Goods are not returned in a reasonable time, Buyer grants Seller an irrevocable license at any time to enter any premises where Goods are or may be stored in order to inspect them, or, where Xxxxx’s right to possession has terminated, to recover them, and to sever Goods where they are attached or connected to another item without being responsible for any damage caused. Any such return or recovery shall be without prejudice to Buyer’s continuing obligation to purchase Goods in accordance with the Contract. Where Seller is unable to determine whether any goods are the Goods in respe...
RISK/TITLE. 7.1 Property in and risk of the Goods supplied to the Customer shall pass from Viva Energy to the Customer:
a. in the case of bulk Goods, as the Goods pass the flange connecting the delivery facilities provided by Viva Energy with the receiving facilities provided by the Customer; and
b. in the case of packed Goods, at the time of delivery to the vessel or other delivery location (which for the avoidance of doubt in relation to Goods delivered on pallets will be deemed to have occurred at the time the pallets are made ready for off-loading at the relevant location by the vehicle driver).
7.2 The responsibility for connecting the delivery facilities provided by Viva Energy to the receiving facilities provided by the Customer shall be in accordance with the custom of the Delivery Port.
RISK/TITLE. 9.1 XXXX XXX & SONS is acting as agent of the Seller only and gives no warranty as to the Seller's title to the Goods.
9.2 Subject to clause 9.3, regardless of whether the Goods are already in the possession of the Buyer, title to the Goods shall pass to the Buyer only once XXXX XXX & SONS has received from the Buyer payment in full for all sums due to XXXX XXX & SONS and the Seller under the Contract. Unless expressly stated otherwise in writing by XXXX XXX & SONS, title to any Intellectual Property Rights which may subsist in the Goods shall not transfer to the Buyer.
9.3 Where XXXX XXX & SONS confirms in writing that the Buyer may pay for all or part of the sums due under the Contract by instalment, regardless of whether the Goods are already in the possession of the Buyer, title to the Goods shall pass to the Buyer only once XXXX XXX & SONS has received from the Buyer payment in full for all sums due to XXXX XXX & SONS and the Seller in each and every instalment under the Contract.
9.4 The Buyer acknowledges and accepts that the Seller may be a receiver, administrator, liquidator, or a trustee in bankruptcy. In such circumstances, the Seller (and XXXX XXX & SONS as agent on behalf of the Seller) will sell whatever right, title or interest the Seller may have (if any) to the Goods. Neither the Seller nor XXXX XXX & SONS warrants that the Goods are free from encumbrances.
9.5 Risk in the Goods shall pass to the Buyer from and including the date the Contract is formed under clause 4.3.
9.6 Until risk passes to the Buyer, the risk in the Goods remains with the Seller. XXXX XXX & SONS shall not be liable for any loss, theft, destruction of or damage caused to the Goods.
9.7 It is the Buyer's sole responsibility to obtain adequate insurance for the Goods from the time that risk passes to the Buyer. XXXX XXX & SONS and the Seller shall have no liability for the loss or theft of, or damage to, the Goods after this time.
9.8 No Goods shall be released to the Buyer or its agent until payment in full has been received by XXXX XXX & SONS for all sums due under the Contract and under any other contract with the Buyer for the sale of goods where XXXX XXX & SONS acts as agent or otherwise.
9.9 Until title to the Goods has passed to the Buyer, the Buyer shall (in relation to any Goods within its possession or control):
9.9.1 hold the Goods as the Seller's bailee;
9.9.2 store the Goods (at no cost to XXXX XXX & SONS or the Seller) separately from all other products of ...
RISK/TITLE. 6.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
6.1.1 In accordance with the Incoterms, on the Delivery Date.
6.1.2 In the case of Goods to be delivered at the Company premises, at the time when the Company notifies the Buyer that the Goods are available for collection; or
6.1.3 In the case of Goods to be delivered otherwise than at the Company premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company tendered delivery of the Goods.
6.1.4 In respect of deliveries made in accordance with clause 6.
RISK/TITLE. 6.1 The Goods are at the risk of the Purchaser from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Purchaser until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to the Company from the Purchaser on any account.
6.3 Until ownership of the Goods has passed to the Purchaser, the Purchaser shall hold the Goods on a fiduciary basis as the Company’s bailee.
6.4 The Purchaser’s right to possession of the Goods shall terminate immediately if:
6.4.1 the Purchaser 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 Purchaser or notice of intention to appoint an administrator is given by the Purchaser 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 Purchaser or for the granting of an administration order in respect of the Purchaser, or any proceedings are commenced relating to the insolvency or possible insolvency of the Purchaser; or
6.4.2 the Purchaser suffers or allows any execution to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Order Confirmation or any other contract between the Company and the Purchaser, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade; or
6.4.3 any event equivalent to those set out in clause 6.4.1 and 6.4.2 occurs in relation to the Purchaser in any jurisdiction; or
6.4.4 the Purchaser encumbers or in any way charges any of the Goods before ownership has passed to the Purchaser.
6.5 If the Purchaser's right to possession terminates in accordance with clause 6.4, the Company sh...
RISK/TITLE. 9.1 The Materials remain at the exclusive risk and responsibility of the Customer until Acceptance.
9.2 Risk and title in the Materials shall pass to MML on Acceptance.
RISK/TITLE. 6.1 The Goods are at the risk of the Buyer from the time of delivery. The Company will not accept any liability to the Buyer for any damage to the Goods occurring after risk has transferred to the Buyer.
