RISK/TITLE. 6.1 The Goods are at the risk of the Customer from the time of delivery.
6.2 Title in the Goods shall not pass to the Customer 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 Customer on any account.
6.3 Until ownership of the Goods has passed to the Customer, the Customer shall:
6.3.1 hold the Goods on a fiduciary basis as the Company's Bailee;
6.3.2 where practicable, store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company's property;
6.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
6.3.4 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.
6.4 Until ownership of the Goods has passed to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon the premises of the Customer or any third party where the Goods are stored and repossess the Goods.
6.5 The Company hereby authorises the Customer to use and/or sell the Goods in the normal course of the Customer's business. If the Customer sells the Goods prior to paying the full price thereof the Customer shall hold the proceeds of sale on trust for the Company. The Company may require the Customer to assign all claims that the Customer may have against purchasers of such Goods from the Customer.
6.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods, for which title was not passed to the Customer, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
6.7 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.
6.8 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 al...
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 licence 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 The Products are at the risk of the Purchaser from the time of delivery.
7.2 Subject to Clause 7.4, ownership of the Products will not pass to the Purchaser until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Products; and
(b) all other sums which are or which become due to the Seller from the Purchaser on any account.
7.3 Until ownership of the Products has passed to the Purchaser, the Purchaser will:
(a) hold the Products on a fiduciary basis as the Seller’s bailee;
(b) store the Products (at no cost to the Seller) separately from all other goods of the Purchaser or any third party in such a way that they remain readily identifiable as the Seller’s property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;
(d) maintain the Products in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Purchaser shall produce the certificate of insurance to the Seller; and
(e) hold the proceeds of the insurance referred to in Clause 7.3 (d) in trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4 Ownership of the Products will pass to the Purchaser only if the Purchaser sells the Products in the ordinary course of the Purchaser’s business. For the avoidance of doubt any such sale shall be a sale of the Purchaser’s property on the Purchaser’s own behalf and the Purchaser shall deal as principal when making such a sale.
7.5 The Purchaser’s right to possession of the Products shall terminate immediately if:
(a) the Purchaser undergoes any of the events set out in Clause 13.2 (c); or
(b) the Purchaser purports to encumber or in any way changes any of the Products (except as provided in Clause 7.4).
7.6 The Seller shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Seller.
7.7 The Purchaser grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Purchaser’s right to possession has terminated, to recover them.
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. 8.1 Risk in the Products shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when t he Company has tendered delivery of the Products.
8.2 Ownership of the Products shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of (a) the Products, and (b) all other sums which are or which become due to the Company from the Buyer on any account. Until ownership of the Products has passed to the Buyer, the Buyer shall: (a) keep the Products insured on the Company's behalf for its full price against all risks to the reasonable satisfaction of the Company; (b) store the Products separately from all other goods held by the Buyer so that they remain readily identifiable as the Company's property; (c) maintain the Products in satisfactory condition and keep it insured against all risks for their full price from the date of delivery; (d) notify the Company immediately if it becomes subject to any of the events listed in clause 8.3; and (e) give the Company such information relating to the Goods as the Company may require from time to time.
8.3 The Buyer’s right to possession of the Products shall terminate immediately if the Buyer goes into liquidation or a receiver, administrator, or similar officer is appointed over all or substantially all of the assets of the Buyer, or anything analogous to any of the above under the laws of any applicable jurisdiction occurs in relation to the Buyer.
8.4 The Buyer grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Products is or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover t hem.
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. 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. 7.1 Subject to conditions 5.6 and 5.7 the Goods are at the risk of the Customer from the time of collection or delivery or deemed delivery.
7.2 Full legal, beneficial and equitable title to the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
7.2.1 the Goods; and
7.2.2 all other sums which are or which become due to the Company from the Customer on any account.
7.3 Until full legal, beneficial and equitable title to the Goods has passed to the Customer, the Customer shall:
7.3.1 hold the Goods on a fiduciary basis as the Company’s bailee;
7.3.2 store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company’s property;
7.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
7.3.4 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.
7.4 The Customer may resell the Goods before ownership has passed to it solely on the following conditions:
7.4.1 any sale shall be effected in the ordinary course of the Customer’s business at full market value; and
7.4.2 any such sale shall be 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.
7.5 The Customer’s right to possession of the Goods shall terminate immediately if:
7.5.1 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 def...
