Title & Risk. Unless otherwise stated on the PO or in this Order: (a) title to the goods shall pass from Supplier to Buyer at the same point that risk of loss transfers from Supplier to Buyer per the applicable Incoterm, with exception of those purchases that are governed by subsection (b); and (b) title to goods shipped from China, India or Mexico for delivery to a different country shall pass after such goods have crossed the territorial land, sea, exclusive economic zone or overlying airspace of the respective source country, as applicable.
Title & Risk. 4.1 At all times title and ownership of the EQUIPMENT shall remain with the COMPANY. Under no circumstances whatsoever shall title or ownership pass to the HIRER.
4.2 Risk of the EQUIPMENT on hire shall remain with the HIRER during the period of hire.
Title & Risk. 5.1 Title in the Goods will pass to Xxxxx Xxxxx from Supplier upon full payment of the Price or upon delivery, whichever occurs first.
5.2 Risk in the Goods will pass to Xxxxx Xxxxx on delivery of the Goods (although title in the Goods may have passed earlier to Xxxxx Xxxxx).
Title & Risk a. Risk of loss or damage to the Products shall pass to Buyer: (i) upon delivery, or (ii) if Buyer unjustifiably fails to take delivery of the Products, at such time as delivery is tendered by WG. Buyer shall insure the Products for their invoice value from the date delivery is made or tendered. Notwithstanding delivery and the passing of risk in the Products, Xxxxx agrees that title to the Products shall not pass to Buyer until WG has cleared funds received as payment for the price of the Products, and all other sums which are then currently outstanding to WG by Xxxxx.
b. Until such time as title in the Products passes to Buyer, Buyer shall (i) hold the Products as WG’s fiduciary agent and bailee, (ii) store all of the Products in such a way as to be clearly separate and identifiable from Buyer’s inventory, (iii) keep the Products in their original packaging, properly stored, protected, insured and identified as WG’s property.
c. Buyer acknowledges and agrees that: (i) it has, pursuant to these terms, granted to WG a Security Interest (as defined in section 12 of the Personal Property Securities Act “PPSA”) in the Products, including where applicable, a Purchase Money Security Interest, which interest(s) secures all of the Buyer’s present and future obligations owed to WG, and (ii) Buyer shall render all assistance necessary to enable WG to register, maintain and enforce WG’s perfected Security Interest.
d. Buyer hereby waives: (i) its right to receive any notice in relation to the registration or enforcement of WG’s Security Interest in the Products under the PPSA, or any other applicable law, (ii) any time period that is required to elapse under any law before WG, as a secured party, may exercise a right, power or remedy it has in relation to the Products.
e. Notwithstanding the foregoing, Buyer may resell the Products in the ordinary course of business, provided, (i) that any such resale shall be subject to a retention of title clause, including a right of entry for WG to repossess Products covered by this Clause, and (ii) Buyer does not offer the Products as collateral or otherwise pledge or grant a charge or allow a lien to exist in respect of the Products (a “Third Party Security Interest”) until title has passed to Buyer in accordance with these Agreements. If Buyer does permit, allow or otherwise create a Third Party Security Interest in the Products before title has passed to Buyer, then all monies owed to WG shall immediately become due and paya...
Title & Risk. OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Xxxxx actually receives and takes possession of the goods at the point or points of delivery.
Title & Risk i. Title to the Goods will not be transferred to you (or any financial institution and or agent facilitating the acquisition of the Goods by you) until the total purchase Price and any other sums due to us under these Sale Terms, including any late payment charge payable, has been paid and cleared funds to us (Payment).
ii. Until such Payment is made:
a. You will hold the Goods and any money received by you in respect of the sale or disposal of them (or if any part of the whole thereof has been damaged or destroyed, any insurance or other compensation moneys received) on trust for us, and
b. You will store the Goods or hold such money in such manner as to show clearly that they are our property.
iii. Until Payment has been made, you irrevocably authorise us at any time to enter onto any premises on which:
a. Our Goods are stored or held to enable us to inspect the Goods and/or if you are in default under clause 4.iv, to reclaim the Goods. You indemnify us and hold us as not liable in respect of any action taken pursuant to our rights under this Agreement, and
b. You have retained records concerning the Goods being held, to permit us to inspect and copy such records where necessary.
iv. The Risk of the Goods will pass to you on delivery. You accept the responsibility for insurance for the Goods from that time, but delivery does not make you the owner of the Goods until Payment in full.
v. Until final Payment is made in accordance with these Sale Terms, neither you nor any administrator appointed pursuant to any section of the Corporations Act will move any part of the Goods from the location to which it was delivered by us nor will you sell or contract to sell, mortgage, charge, lease or otherwise dispose of the same or part with possession of the same.
vi. We reserve the right to register any retention of title security interest in Goods on the Personal Securities Xxx 0000 (PPSR), and you agree to provide all such assistance to us to enable us to make any such PPSR registration.
vii. Subject to the Australian Consumer Law, any products sold as seconds, floor stock, repaired products, or products that have a defect where this has been drawn to your attention prior to purchase is not returnable.
Title & Risk. (a) Except as provided in Section 6.1(d), title to FINAL FORM PRODUCT or FILLED PRODUCT sold hereunder shall pass to DISTRIBUTOR when L&I delivers FINAL FORM PRODUCT or FILLED PRODUCT to DISTRIBUTOR. Except as provided in Section 6.1(d), risk of loss of or damage to FINAL FORM PRODUCT or FILLED PRODUCT shall pass to DISTRIBUTOR upon delivery to DISTRIBUTOR. The cost of freight and insurance for delivery of PRODUCT (either as FILLED PRODUCT or as FINAL FORM PRODUCT to DISTRIBUTOR'S designated destination shall be paid by L&I. The common carrier shall be designated by DISTRIBUTOR.
(b) In the United States, DISTRIBUTOR shall maintain or cause any person or entity that is in possession of PRODUCT to maintain insurance against loss or destruction of PRODUCT, or in the alternative have in place a reasonable program of self insurance. Insurance premiums for such insurance of DISTRIBUTOR may be deducted from EARNINGS.
Title & Risk. 4.1 Subject to Clause 7.1, title in any Deliverables shall pass to Helyx upon receipt of payment of the relevant sums due under the relevant PO.
4.2 Risk in the Deliverables shall pass to Helyx on written approval and acceptance of any such Deliverables by Helyx.
Title & Risk. 4.1. Subject to Condition 4.2, the risk of loss or damage to the Products shall pass to the Customer on completion of delivery, in accordance with Condition 6.3.
4.2. The Company shall not be responsible for any loss or damage to the Products which is caused due to the condition of the Delivery Location or any act, default or omission of the Customer or its representatives.
4.3. Title in the Products 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 the Products and all other sums which are or which become due to the Company from the Customer on any account.
4.4. Until title passes to the Customer, the Customer shall hold the Products on a fiduciary basis as the Company’s bailee; store the Products separately from all other products in such a way that they are clearly identifiable as the property of the Company; maintain the Products in a satisfactory condition; keep the Products insured on the Company’s behalf for their full price against all risks; and notify the Company immediately if it becomes subject to any of the events listed in Condition 9, but the Customer may resell or use the Products in the ordinary course of its business.
4.5. If before title in the Products passes to the Customer the Customer becomes subject to any of the events listed in Condition 9 or the Company reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Products are stored, in order to recover them.
Title & Risk. 6.1 Title to the goods or any part thereof shall not pass from MindCore to Purchaser until all payments due hereunder have been duly made in cash, except as otherwise expressly stipulated herein. The goods shall be and remain personal or moveable property, notwithstanding their mode of attachment to realty or other property. If default is made in any of the payments herein, Xxxxxxxxx agrees that MindCore may retain all payments which have been made on account of the purchase price as liquidated damages, and MindCore shall be free to enter the premises where the goods may be located and remove them as MindCore’ property, without prejudice to MindCore’s right to recover any further expenses or damages MindCore may suffer by reason of such nonpayment.
6.2 Equipment sold hereunder shall be at the Purchaser's risk on delivery to it as specified in Article 2 above, and the loss or destruction of all or part of said Equipment shall not release Purchaser from any obligations of payment hereunder.
