TITLE AND RISK. 6.1 The risk in the Goods shall pass to the Customer on completion of delivery to the Delivery Location.
6.2 Legal and beneficial title to the Goods shall not pass to the Customer until the earlier of:
(a) Ornua receives payment in full (in cash or cleared funds) for the Goods, in which case title to the Goods shall pass at the time of payment of all such sums; and
(b) the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.4.
6.3 Until title to the Goods has passed to the Customer, the Customer shall:
(a) hold the Goods as Xxxxx’s fiduciary agent and xxxxxx;
(b) not pledge or in any way charge by way of security the Goods;
(c) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Ornua's property;
(d) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(e) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on Ornua's behalf from the date of delivery;
(f) notify Ornua immediately if it becomes subject to any of the events listed in clause 17.2(b) or clause 17.2(c); and
(g) give Ornua such information relating to the Goods as Ornua may require from time to time.
6.4 Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before Ornua receives payment for the Goods. However, if the Customer resells the Goods before that time:
(a) it does so as principal and not as Ornua’s agent; and
(b) title to the Goods shall pass from Ornua to the Customer immediately before the time at which resale by the Customer occurs.
6.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 17.2(b) or clause 17.2(c), then, without limiting any other right or remedy Ornua may have:
(a) the Customer's right to resell Goods or use them in the ordinary course of its business ceases immediately; and
(b) Ornua may at any time:
(i) require the Customer to deliver up all Goods in its possession which have not been resold, or irreversibly incorporated into another product; and
(ii) if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
TITLE AND RISK. (TO APPLY WHEN THE GOODS ARE SUBJECT TO THE LAWS OF SCOTLAND)
6.1 Property and title in the Goods shall not pass to the Purchaser until the price due in terms of the contract has been received by the Company. Where the items to be supplied in terms of the contract are delivered in instalments this clause will apply to each instalment as if it formed the subject matter of a separate and independent contract.
6.2 Until the price of the Goods has been paid the Purchaser will hold and store the Goods as agent for the Company and in a manner which clearly distinguishes them from other Goods and products of the Purchaser and indicates that they are in fact owned by the Company and not by the Purchaser.
6.3 The Purchaser shall not sell or dispose of any individual consignment of or delivery of the Goods save as agent for the Company until the price due in terms of the contract has been received by the Company.
6.4 On the happening of any of the following events the Company may recover any of the Goods remaining in the Purchasers possession and the Company its agents or servants will obtain a court order to be entitled to remove any Goods for which the price has not been paid: - if the price of such Goods shall remain unpaid at the expiration of their allotted credit period; - if the Purchaser, being an individual has a petition presented for his or her sequestration or makes any arrangement or composition with his or her creditors or signs a Trust Deed for behalf of his or her creditors or has a Trustee, interim or otherwise, appointed to his or her estates; - if the Purchaser, being a Company makes any composition or arrangement with its creditors, has an administrative receiver or receiver appointed to any part of its property and assets, has a petition presented for the appointment of an administrator, interim or otherwise, or has any such administrator appointed, has any petition presented for its winding-up or any liquidator provisional interim or otherwise appointed or calls any meeting of its creditors, - if the Purchaser has any diligence carried out against it or its assets.
6.5 Notwithstanding the provisions of this clause risk in all Goods supplied shall pass to the Purchaser on delivery whereupon the Purchaser shall be liable for insurance of such Goods.
6.6 Sub clauses 6.1, 6.2, 6.3, 6.4 and 6.5 of this clause shall each be construed and receive effect as a separate clause of these conditions.
TITLE AND RISK. Title to and risk of loss of the VESSEL shall pass to the BUYER only upon the delivery and acceptance thereof having been completed as stated above; it being expressly understood that, until such delivery is effected, title to and risk of loss of the VESSEL and her equipment shall be in the BUILDER.
TITLE AND RISK. (a) The Supplier warrants that title in each good, work or improvement supplied by the Supplier hereunder, when it passes to the City hereunder, shall be free and clear of Encumbrances.
(b) Title to any good, work or improvement supplied by the Supplier hereunder shall pass to the City upon the earlier of:
(i) payment therefor by the City;
(ii) <its delivery to a>/<fixture to any part of the Site>; and
(iii) its incorporation into a work supplied by the Supplier.
(c) The Supplier shall deliver to the City any documentation, including a xxxx of sale, which the City may reasonably require to evidence the transfer of title in and to goods to the City, free and clear of all Encumbrances.
(d) The Supplier must not enter any contract that reserves ownership of goods or materials supplied by the Supplier hereunder in favour of any third party and, at the request of the City, the Supplier must provide evidence that no such contract has been entered into.
(e) Notwithstanding the foregoing provisions of this Section 3.11, the Supplier is responsible for the care of, and bears all of the risk of loss or damage to, each good, work or improvements supplied hereunder and each material used in connection with the Supply, until the <the completion of the Supply to the satisfaction of the City> <the Certificate of Completion has been issued>.
TITLE AND RISK. 4.3.1 The ownership and passing of title and risk from one party to another is specified in Schedule 2-12.
TITLE AND RISK. Title and risk shall pass to the BUYER upon delivery of the VESSEL being effected as stated above and the BUILDER shall be free of all responsibility or liability whatsoever related with this CONTRACT except for the warranty of quality contained in Article IX and the obligation to correct and/or remedy, as provided in Article VI.5.(d), if any, it being expressly understood that, until such delivery is effected, the VESSEL and equipment thereof are at the entire risk of the BUILDER including but not confined to, risks of war, insurrection and seizure by Governments or Authorities, whether Korean or foreign, and whether at war or at peace. The title to the BUYER's supplies as provided in Article XII shall remain with the BUYER and the BUILDER's responsibility for such BUYER's supplies shall be as described in Article XII.2.
TITLE AND RISK. Goods shall remain at the risk of Supplier until delivery and written acceptance by Amgen, (i.e. when off-loading and stacking, is complete), at which time title shall pass to Amgen. Upon delivery and written acceptance by Amgen, the Goods shall not be subject to any option, charge, lien, encumbrance or other adverse right and neither Supplier nor any third party shall be entitled either to retain title to the Goods or to have any equitable or other rights over the Goods.
TITLE AND RISK. Risk of loss of or damage to, and title in the Products will pass to You upon delivery in accordance with Section 6. You gain no ownership rights whatsoever in any software forming part of the Products, whether such software is operating software contained within the equipment, firmware or stand-alone software and without limiting the operation of Sections 12 to 14, Hitachi expressly grants to You the license rights to use such software in object code only under the license terms contained in the Online Terms.
TITLE AND RISK. Where any item of Contractor’s Equipment is ultimately intended to become the property of the Corporation pursuant to this Contract (whether through incorporation in the Facilities or otherwise), title to such item shall be transferred to the Corporation with effect from the first arrival of such item at the Site but the risk and responsibility for the damage, loss, care and maintenance of such item shall remain with the Contractor until the date of issue of the Completion Certificate in respect of the whole of the Facilities.
TITLE AND RISK. Title in the Goods will not pass to the Customer until: (a) all money payable by the Customer pursuant to this Agreement has been paid; and (b) all the Customer’s other obligations pursuant to this Agreement have been satisfied in full. All risk in the Goods is to pass to the Customer on signing this Agreement. The Customer agrees to indemnify the Creditor against destruction or loss of the Goods (including legal forfeiture) and from all liabilities or claims arising out of the possession or use of the Goods.
