Title in Goods Sample Clauses

Title in Goods. (a) Notwithstanding the provisions of clause 6(b) above, the ownership of goods (where such ownership originally rests with Altiatech) shall remain with Altiatech, (which reserves the right to dispose of them) until payment in full for all goods under the relevant contract between the Customer and Altiatech has been received by it in accordance with the relevant terms. (b) If payment for goods is overdue in whole or in part and/or immediately upon the commencement of any act or proceeding in which the Customer’s solvency is involved, Altiatech may (without prejudice to any of its other rights and remedies) recover or resell the goods or any of them and may enter upon the Customer’s premises by its servants or agents for that purpose. If any goods provided under this Agreement are incorporated in or used as materials for other goods, before such payment the ownership in the whole of such other goods shall be and remain with Altiatech until payment has been made for the goods or the other goods have been sold as aforesaid and all Altiatech’s rights hereunder in the manner shall extend to those other goods. (c) Where and to the extent that the goods comprise any computer software applications or programs (“Software”), the Customer acknowledges and agrees that (i) no title in the relevant Software will pass to the Customer from Altiatech under this Agreement and (ii) it is the Customer’s sole responsibility to ensure that it is and will remain properly and legally licensed to use the Software and any other software used with the Software by the relevant owner of the rights in and to the Software and/or such other software.
Title in Goods. (excluding Software for which a license to use will be granted in accordance with Clause 12) shall pass to the Purchaser FOB Supplier's plant for shipments within the United States and title in Goods for all other shipments shall pass to the Purchaser at port of entry of the country addressed on the Purchase Order.
Title in Goods. Property in the Goodspasses to the Purchaser on delivery of the Goods by the Supplier.
Title in Goods. 5.1 The title in the Goods shall remain with the Company until and unless the Goods and all other amounts owing in respect of the Goods are paid for in full. 5.2 Until the Goods have been paid for in full, the Customer shall hold the goods as bailee for the Company and shall store the goods separately from other materials so as to render such goods capable of separate identification and collection by the Company. 5.3 Where payment for the Goods is not made on or before the due date as referred to in Clause 2.3 hereof, the Customer shall upon the request of the Company deliver up the goods to the Company, failing which the Company is hereby irrevocably authorised by the Customer to enter at any time by any of the Company’s officers, servants or agents upon the premises where the Goods are situated and to retake possession of those goods. 5.4 Notwithstanding the provisions of the preceding clauses 5.1 to 5.3 if the Customer sells the goods to a third party prior to those Goods being paid for in full by the Customer, the proceeds of such sale shall be held by the Customer in trust for the Company and the Customer shall in those circumstances owe a fiduciary duty to the Company in respect of any such proceeds of sale. 5.5 Where the Agreement provides for delivery of Goods by instalment/s, title in the Goods shall not pass from the Company unless and until payment has been made to the Company for all the Goods. Failure to make any payment when due shall, without prejudice to any other of the Company’s rights, entitle the Company to terminate the Agreement and retake possession of the Goods.
Title in Goods a) Title in goods does not pass to You until payment in full has been made for the goods and any outstanding other amounts owed. b) Whilst the goods supplied may not have been fully paid, at any time, You agree that property and title in the good will not pass to You, and that Modern Glass retains legal and equitable title in the goods supplied and any equipment. c) Until full payment has been made, You hold the goods in a fiduciary capacity for Modern Glass and agree to keep separate and identifiable all goods supplied by Modern Glass from other goods. d) Modern Glass is entitled to sell the goods in the ordinary course of its business but until full payment has been made to Modern Glass, You will sell as agent and bailee for Modern Glass and the proceeds of sale of the goods will be held by Modern Glass on trustee for Modern Glass. Your indebtedness to Modern Glass shall not be discharge whether in part or full, until such funds are remitted to Modern Glass. e) Modern Glass’ rights under this clause remain in force following the termination of this Agreement until such time as all amounts outstanding under this Agreement are paid by You.
Title in Goods a. In spite of delivery having been made, Title in the Goods shall not pass from the Seller until the Buyer has paid the price plus GST where applicable, in full and no other sums whatsoever shall be due from the Buyer to the Seller. b. Until the Title in the Goods passes to the Buyer under (a) the Buyer shall hold the Goods on a fiduciary basis as Bailee for the Seller and shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and identify them clearly as the Seller's property. c. Notwithstanding that the Goods remain the property of the Seller, the Buyer may sell or use the Goods in the ordinary course of business at the full market value. d. The Seller shall be entitled to recover the price plus GST where applicable, notwithstanding the property in any of the Goods has not passed from the Seller. e. If the Buyer fails to make payment for the Goods within the agreed time, or, if an individual has a Statutory Demand or Bankruptcy Petition served on him, or makes, or proposes a Voluntary Arrangement, or if the Buyer is a Company, where it makes or attempts to make a Voluntary Arrangement or has a Receiving Order or Winding-Up Petition presented against it, then the Seller has the right to enter upon the Customer's Premises and repossess the Goods belonging to the Seller.
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Title in Goods 

Related to Title in Goods

  • Title Insurance The Mortgage Loan is covered by an ALTA lender's title insurance policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac and each such title insurance policy is issuex xx x xxxle ixxxxxx acceptable to Fannie Mae or Freddie Mac and qualified to do business in the jurisdictxxx xxere the Xxxxxxxed Property is located, insuring the Seller, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Subsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

  • Title Examination Within thirty (30) days after Purchaser’s exercise of the Option, Purchaser shall have the right to obtain, at Purchaser’s expense, a current survey of the Property (the “Updated Survey”) and an ALTA Title Commitment for the Property from a title company acceptable to Purchaser (the “Title Company”), setting forth the status of title to the Property, and showing all liens, claims, encumbrances, reservations, restrictions and other matters, if any, relating to the Property (the “Title Commitment”), including legible copies of all encumbrances, restrictive covenants and other documents evidencing exceptions to said Title Commitment (the “Exception Documents”). If the Title Commitment and/or Updated Survey reveals any exception(s) to title to which Purchaser objects (a “Title Objection”) and is(are) not either (i) listed as title exceptions in the title insurance policy and/or survey obtained by Seller in connection with the closing of the Mezzanine Loan and/or (ii) permitted by this Agreement (collectively, the “Permitted Encumbrances”), Purchaser may notify Seller in writing that it would like Seller to cure or remove such Title Objections. Seller shall have the right, but not the obligation (except as set forth below), to remedy or cure any such Title Objection(s) during the twenty (20) day period following Seller’s receipt thereof (the “Cure Period”). Purchaser shall have the continuing right to have such title examination and Title Commitments updated from time to time, and to obtain updates to the Survey, and to give Seller written notice of any Title Objections appearing of record, or otherwise created, after the effective date of the initial Title Commitment and being revealed by any title examination, Survey or investigation of the Property, and Purchaser shall be entitled to object (in the same manner as set forth hereinabove) to matters shown by the updated Title Commitments or updated Survey or investigations. Seller shall have the right, but not the obligation (except as set forth below), to remedy those Title Objections identified by Purchaser to the satisfaction of Purchaser within twenty (20) days after Purchaser’s notice. If any of the Title Objections are not so cured or remedied, or provision satisfactory to Purchaser made therefor, prior to any closing date selected by Purchaser, then Purchaser, at its election, shall have the right and option to either: (a) accept title to the Property subject to said uncured Title Objections that Purchaser elects to accept, and any Title Objection accepted by Purchaser in writing shall become part of the Permitted Encumbrances; or (b) terminate this Agreement by written notice to Seller, in which event, immediately upon receipt of said notice, this Agreement shall terminate, be null and void and of no further force or effect. Notwithstanding the foregoing, Seller, at Seller’s sole cost and expense, shall be obligated to cure or remove at or before Closing all mortgages, deeds of trust, deeds to secure debt, judgments liens, mechanics and materialman’s liens, and other monetary liens against the Property, whether or not Purchaser objects thereto, and Purchaser shall credit the cost to cure, satisfy, release and remove such matters against the Purchase Price provided the same is actually paid by Purchaser or Title Company on Seller’s behalf. In addition, Seller shall not allow any easements, liens, leases, licenses, permits or other encumbrances to be placed on or granted with respect to the Property, nor shall Seller convey any rights in the Property, without the prior written consent of Purchaser, except to the extent expressly permitted, or consented to in writing by Purchaser under the Mezzanine Loan Documents. If any such prohibited easements, liens, leases, licenses, permits or other encumbrances arise after the Effective Date, notwithstanding any other term or provision of this Agreement to the contrary, Seller shall, at its sole cost and expense, cure, satisfy, release and remove such matters prior to Closing; provided, however, that any easements or encumbrances that are taken by eminent domain shall be governed by the terms of Section 5 immediately below.

  • Title Company Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer.

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