TITLE AND RISK Clause Samples

TITLE AND RISK. 6.1 The risk in the Goods shall pass to the Customer on completion of delivery. 6.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for: (a) the Goods; and (b) any other goods that the Supplier has supplied to the Customer in respect of which payment has become due. 6.3 Until title to the Goods has passed to the Customer, the Customer shall: (a) hold the Goods on a fiduciary basis as the Supplier's bailee; (b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property; (c) not remove, deface or obscure any identifying ▇▇▇▇ or packaging on or relating to the Goods; (d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier's behalf from the date of delivery; (e) notify the Supplier immediately if it becomes subject to any of the events listed in clause 13.2(b) to clause 13.2(m); and (f) give the Supplier such information relating to the Goods as the Supplier may require from time to time, but the Customer may resell or use the Goods in the ordinary course of its business. 6.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 13.2(b) to clause 13.2(m), or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, 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. 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. (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 ▇▇▇▇ 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. 5.1 The risk in the Products passes to the Customer when the Products are loaded at MWP’s warehouse for delivery to the Customer. 5.2 MWP’s rights under this clause 5 secure: (b) MWP’s right to receive the Price of all the Products sold under these Conditions; and all other amounts owing to MWP under this agreement or any other agreement between the Customer and MWP. 5.3 All payments received from the Customer may be applied by MWP in the manner MWP, in its absolute discretion, determines. 5.4 Until full payment in cleared funds is received by MWP for all Products supplied by it to the Customer, as well as all other amounts owing to MWP by the Customer under this or any other agreement: (a) legal title and property in all Products supplied under these Conditions remain vested in MWP and do not pass to the Customer; (b) subject to (c), the Customer must store the Products separately and in such a manner and maintain any labelling and packaging of MWP, so that the Products are clearly and readily identifiable as the property of MWP; (c) the Customer must not sell the Products except in the ordinary course of the Customer’s business; (d) the Customer holds and agrees to hold the proceeds of any sale, lease or other dealing with the Products for MWP in a separate bank account with a bank which does not (and will not in the future) provide finance to the Customer; (e) in addition to any rights MWP may have under Chapter 4 of the PPS Act, MWP may, at any time, demand the return of the Products and shall be entitled without notice to the Customer and without liability to the Customer, to enter any premises where it suspects the Products may be located in order to search for and remove the Products without committing a trespass, even though they may be attached or annexed to other goods or land not the property of MWP, and for this purpose the Customer irrevocably licenses MWP to enter such premises, undertakes that it will procure any necessary authority to enter from any relevant person and also indemnifies MWP from and against all loss suffered or incurred by MWP as a result of exercising its rights under this clause. If there is any inconsistency between MWP’s rights under this clause 5.4(e) and its rights under Chapter 4 of the PPS Act, this clause 5.4(e) prevails. (f) the Customer acknowledges and warrants that MWP has a security interest (for the purposes of the PPS Act) in the Products and any proceeds described in clause 5.4(d); and (g) the security inter...

TITLE AND RISK. 4.1 The risk in any Products shall pass to the Customer on completion of delivery. 4.2 Title to any Products shall not pass to the Customer until either Activ has received payment in full (in cash or cleared funds) for the Products and any other Products that Activ has supplied to the Customer in respect of which payment has become due or, where relevant, expiry of the minimum period of time under which the Customer has agreed to maintain connections under this Agreement. 4.3 Until title to the Products has passed to the Customer, the Customer may use the Products in the ordinary course of its business provided that it shall: 4.3.1 hold the Products on a fiduciary basis as Activ’s bailee; 4.3.2 store the Products separately from all other goods held by the Customer so that they remain readily identifiable as Activ’s property; 4.3.3 not remove, deface or obscure any identifying ▇▇▇▇ on or relating to the Products; 4.3.4 maintain the Products in satisfactory condition and keep them insured against all risks for their full price on Activ’s behalf from the date of delivery; 4.3.5 notify Activ immediately if the Customer become subject to any of the events listed in Clauses 13.3.2 to 13.3.13; 4.3.6 not purport to sell or otherwise part with possession of the Products, and 4.3.7 give Activ such information relating to the Products as Activ may require from time to time. 4.4 If, before title to the Products passes, the Customer becomes subject to any of the events listed in Clauses 13.3.2 to 13.3.13 or Activ reasonably believe that any such event is about to happen and notifies the Customer accordingly, then without limiting any other right or remedy Activ may have, Activ may at any time: 4.4.1 require the Customer to deliver up all the Products in its possession and, if the Customer fail to do so promptly, enter the Premises, Delivery Location or any premises of the Customer or of any third party where the Products are stored in order to recover them; and 4.4.2 suspend the provision of further Products and/or Services. 4.5 The Customer acknowledges that it shall not acquire title or interest in any telephone numbers it is allocated and shall not be entitled to sell or transfer such numbers without Activ’s prior written consent (which may be withheld, delayed or conditioned).

TITLE AND RISK. 8.1 Title in the Goods passes to the Purchaser on payment by the Purchaser of the Price in full. Where the Purchaser has not paid the Company the Price in full and risk has transferred, the Purchaser agrees to hold the Goods as a fiduciary for the Company. 8.2 Notwithstanding clause 8.1 above, risk in the Goods passes to the Purchaser from the first occurrence of: (a) the passing of title in the Goods to the Purchaser; (b) the physical delivery of the Goods to the Purchaser; (c) the time when the Goods have been dispatched from the premises of the Company or another location nominated by the Company, or placed on a carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser, where the carrier has been nominated, arranged or retained by the Purchaser; or (d) the time when the Goods arrive at the premises of the Purchaser (prior to being taken off the carrier) where the carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser has been nominated, arranged or retained by the Company; or (e) if Goods are stored by the Company on behalf of the Purchaser in accordance with Clause 9. 8.3 The Company is not liable for any loss or damage or deterioration of the Goods after risk in the Goods has passed to the Purchaser. 8.4 In addition to any other rights the Company may have against the Purchaser, the Company may repossess the Goods if any amount due in respect of the Goods is outstanding or if the Company reasonably believes that any such amount will not be paid in full when it falls due for payment. The Purchaser grants the Company an irrevocable licence to enter upon any premises of the Purchaser for the purpose of taking possession of the Goods in accordance with this clause. 8.5 The Purchaser may sell and deliver the Goods as the Company's fiduciary to a third party in the ordinary course of the Purchaser's business provided that: (a) where the Purchaser is paid by the third party for the Goods, the Purchaser shall account to the Company in respect of the payment in accordance with the Purchaser's fiduciary obligations; and (b) where the Purchaser is not paid by the third party the Purchaser agrees to assign to the Company its claim against the third party upon receiving the Company's written request to that effect. 8.6 For the purposes of clause 8.4 and clause 8.5, where the Company supplies particular Goods of the same or ...

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. 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.