Common use of Title to Goods Clause in Contracts

Title to Goods. 11.1 Proquip and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip all amounts owing to Proquip; and (b) the Client has met all of its other obligations to Proquip. 11.2 Receipt by Proquip of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) the Client is only a bailee of the Goods and must return the Goods to Proquip on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip and must pay to Proquip the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip and must pay or deliver the proceeds to Proquip on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip and must sell, dispose of or return the resulting product to Proquip as it so directs; (e) the Client irrevocably authorises Proquip to enter any premises where Xxxxxxx believes the Goods are kept and recover possession of the Goods; (f) Proquip may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip; (h) Proquip may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 2 contracts

Samples: Contract, Contract

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Title to Goods. 11.1 Proquip 16.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip the Supplier all amounts owing to Proquipthe Supplier; and (b) the Client has met all of its other obligations to Proquipthe Supplier. 11.2 16.2 Receipt by Proquip the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 16.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) 16.1 that the Client is only a bailee of the Goods and must return the Goods to Proquip the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip the Supplier and must pay to Proquip the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip the Supplier and must pay or deliver the proceeds to Proquip the Supplier on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip the Supplier and must sell, dispose of or return the resulting product to Proquip the Supplier as it so directs; (e) the Client irrevocably authorises Proquip the Supplier to enter any premises where Xxxxxxx the Supplier believes the Goods are kept and recover possession of the Goods; (f) Proquip the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;the Supplier; and (h) Proquip the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Title to Goods. 11.1 Proquip Xxxx Hire and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip Xxxx Hire all amounts owing to ProquipXxxx Hire; and (b) the Client has met all of its other obligations to ProquipXxxx Hire. 11.2 Receipt by Proquip Xxxx Hire of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) the Client is only a bailee of the Goods and must return the Goods to Proquip Xxxx Hire on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip Xxxx Xxxx and must pay to Proquip Xxxx Hire the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip Xxxx Hire and must pay or deliver the proceeds to Proquip Xxxx Hire on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip Xxxx Hire and must sell, dispose of or return the resulting product to Proquip Xxxx Hire as it so directs; (e) the Client irrevocably authorises Proquip Xxxx Hire to enter any premises where Xxxxxxx Xxxx Xxxx believes the Goods are kept and recover possession of the Goods; (f) Proquip Xxxx Hire may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of ProquipXxxx Hire; (h) Proquip Xxxx Hire may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip all amounts owing to Proquip; and (b) the Client has met all of its other obligations to Proquip. 11.2 Receipt by Proquip of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 23.1 It is further agreed that that, until ownership of the Goods passes to the Client Customer in accordance with clause 11.17.11: (a) the Client Customer is only a bailee of the Goods and must return the Goods to Proquip the Provider on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip the Provider and must pay to Proquip the Provider the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip the Provider and must pay or deliver the proceeds to Proquip the Provider on demand; (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip the Provider and must sell, dispose of or return the resulting product to Proquip the Provider as it so directs; (e) the Client Customer irrevocably authorises Proquip the Provider to enter any premises where Xxxxxxx the Provider believes the Goods are kept and recover possession of the Goods; (f) Proquip the Provider may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquipthe Provider; (h) Proquip the Provider may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Confidentiality Agreement

Title to Goods. 11.1 Proquip 12.1 MFM and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client The Customer has paid Proquip MFM all amounts owing to ProquipMFM; and (b) the Client The Customer has met all of its other obligations to ProquipMFM. 11.2 12.2 Receipt by Proquip MFM of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 12.3 It is further agreed that until that: (a) Until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip MFM on request; (b) the Client The Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip MFM and must pay to Proquip MFM the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip MFM and must pay or deliver the proceeds to Proquip MFM on demand; (d) the Client The Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip MFM and must sell, dispose of or return the resulting product to Proquip MFM as it so directs; (e) the Client The Customer irrevocably authorises Proquip MFM to enter any premises where Xxxxxxx MFM believes the Goods are kept and recover possession of the Goods; (f) Proquip MFM may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;MFM; and (h) Proquip MFM may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Title to Goods. 11.1 Proquip 9.1 The Company and the Client agree that ownership of the Goods shall not pass until: (a) until the Client has paid Proquip the Company all amounts owing to Proquip; and (b) the Company and the Client has met all of its other obligations to Proquipthe Company. 11.2 9.2 Receipt by Proquip of any form of payment other than cash shall the Company will not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 9.3 It is further agreed that until that: (a) Until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) 9.1 that the Client is only a bailee of the Goods and must immediately return the Goods to Proquip the Company on request;. (b) The Client shall, if directed by the Company, store the Goods in such a way that it is clear they are the property of the Company. (c) The Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip the Company and must shall pay to Proquip the Company the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (cd) the The Client must shall not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip the Company and must pay or deliver the proceeds to Proquip on demand;the Company within 2 business days. (de) the The Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip and the Company must sell, dispose of or return the resulting product to Proquip the Company as it so the Company directs;. (ef) Until ownership of the Goods passes to the Client the Client irrevocably authorises Proquip the Company and its agents to enter any premises where Xxxxxxx the Company believes the Goods are kept and recover possession of the Goods;. (fg) Proquip Until ownership of the Goods passes to the Client the Company may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (gh) the The Client shall must not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;the Company. (hi) Proquip The Company may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Terms and Conditions

Title to Goods. 11.1 Proquip 9.1 NGPS and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip NGPS all amounts owing to ProquipNGPS; and (b) the Client Customer has met all of its other obligations to ProquipNGPS. 11.2 9.2 Receipt by Proquip NGPS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 9.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 9.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip NGPS on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip NGPS and must pay to Proquip NGPS the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip NGPS and must pay or deliver the proceeds to Proquip NGPS on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip NGPS and must sell, dispose of or return the resulting product to Proquip NGPS as it so directs;. (e) the Client Customer irrevocably authorises Proquip NGPS to enter any premises where Xxxxxxx XXXX believes the Goods are kept and recover possession of the Goods;. (f) Proquip NGPS may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;NGPS. (h) Proquip NGPS may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip 12.1 Giltrap and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip Giltrap all amounts owing to ProquipGiltrap; and (b) the Client Customer has met all of its other obligations to ProquipGiltrap. 11.2 12.2 Receipt by Proquip Giltrap of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 12.3 It is further agreed that until ownership of the Goods passes to the Client Customer in accordance with clause 11.112.1: (a) the Client Customer is only a bailee of the Goods and must return the Goods to Proquip Giltrap on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip Giltrap and must pay to Proquip Giltrap the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip Giltrap and must pay or deliver the proceeds to Proquip Giltrap on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip and must sell, dispose of or return the resulting product to Proquip as it so directs; (e) the Client Customer irrevocably authorises Proquip Giltrap to enter any premises where Xxxxxxx Giltrap believes the Goods are kept and recover possession of the Goods; (fe) Proquip Giltrap may recover possession of any Goods in transit whether or not Delivery has occurred; (gf) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of ProquipGiltrap; (hg) Proquip Giltrap may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip 10.1 Customvac and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip Customvac all amounts owing to ProquipCustomvac; and (b) the Client Customer has met all of its other obligations to ProquipCustomvac. 11.2 10.2 Receipt by Proquip Customvac of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 10.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 10.1 that the Client Customer is only a bailee Bailee of the Goods and must return the Goods to Proquip Customvac on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip Customvac and must pay to Proquip Customvac the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip Customvac and must pay or deliver the proceeds to Proquip Customvac on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip Customvac and must sell, dispose of or return the resulting product to Proquip Customvac as it so directs;. (e) the Client Customer irrevocably authorises Proquip Customvac to enter any premises where Xxxxxxx Customvac believes the Goods are kept and recover possession of the Goods;. (f) Proquip Customvac may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;Customvac. (h) Proquip Customvac may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip 10.1 Walkie Talkie and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip Walkie Talkie all amounts owing to ProquipWalkie Talkie; and (b) the Client has met all of its other obligations to ProquipWalkie Talkie. 11.2 10.2 Receipt by Proquip Walkie Talkie of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 10.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) 10.1 that the Client is only a bailee of the Goods and must return the Goods to Proquip Walkie Talkie on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip Walkie Talkie and must pay to Proquip Walkie Talkie the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip Walkie Talkie and must pay or deliver the proceeds to Proquip Walkie Talkie on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip Walkie Talkie and must sell, dispose of or return the resulting product to Proquip Walkie Talkie as it so directs; (e) the Client irrevocably authorises Proquip Xxxxxx Talkie to enter any premises where Xxxxxxx Xxxxxx Talkie believes the Goods are kept and recover possession of the Goods; (f) Proquip Walkie Talkie may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;Walkie Talkie; and (h) Proquip Walkie Talkie may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Service Agreement

Title to Goods. 11.1 Proquip 9.1 B&B Timbers and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip B&B Timbers all amounts owing to ProquipB&B Timbers; and (b) the Client Customer has met all of its other obligations to ProquipB&B Timbers. 11.2 9.2 Receipt by Proquip B&B Timbers of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 9.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 9.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip B&B Timbers on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip B&B Timbers and must pay to Proquip B&B Timbers the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip B&B Timbers and must pay or deliver the proceeds to Proquip B&B Timbers on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip B&B Timbers and must sell, dispose of or return the resulting product to Proquip B&B Timbers as it so directs;. (e) the Client Customer irrevocably authorises Proquip B&B Timbers to enter any premises where Xxxxxxx B&B Timbers believes the Goods are kept and recover possession of the Goods;. (f) Proquip B&B Timbers may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;B&B Timbers. (h) Proquip B&B Timbers may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip 12.1 TDD and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip TDD all amounts owing to ProquipTDD; and (b) the Client Customer has met all of its other obligations to ProquipTDD. 11.2 12.2 Receipt by Proquip TDD of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 12.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip TDD on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip TDD and must pay to Proquip TDD the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip TDD and must pay or deliver the proceeds to Proquip TDD on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip TDD and must sell, dispose of or return the resulting product to Proquip TDD as it so directs;. (e) the Client Customer irrevocably authorises Proquip TDD to enter any premises where Xxxxxxx TDD believes the Goods are kept and recover possession of the Goods;. (f) Proquip TDD may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;TDD. (h) Proquip TDD may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip 9.1 Jacmor and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip Jacmor all amounts owing to ProquipJacmor; and (b) the Client has met all of its other obligations to ProquipJacmor. 11.2 9.2 Receipt by Proquip Jacmor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 9.3 It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.19.1: (a) the Client is only a bailee of the Goods and must return the Goods to Proquip Jacmor on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip Jacmor and must pay to Proquip Jacmor the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip Jacmor and must pay or deliver the proceeds to Proquip Jacmor on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip Jacmor and must sell, dispose of or return the resulting product to Proquip Jacmor as it so directs; (e) the Client irrevocably authorises Proquip Jacmor to enter any premises where Xxxxxxx Jacmor believes the Goods are kept and recover possession of the Goods; (f) Proquip Jacmor may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of ProquipJacmor; (h) Proquip Jacmor may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Contract

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Title to Goods. 11.1 Proquip 12.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip the Supplier all amounts owing to Proquipthe Supplier; and (b) the Client has met all of its other obligations to Proquipthe Supplier. 11.2 12.2 Receipt by Proquip the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 12.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client in accordance with clause 11.1:clause (a) 12.1 that the Client is only a bailee of the Goods and must return the Goods to Proquip the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip the Supplier and must pay to Proquip the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip the Supplier and must pay or deliver the proceeds to Proquip the Supplier on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip the Supplier and must sell, dispose of or return the resulting product to Proquip the Supplier as it so directs.; (e) the Client irrevocably authorises Proquip the Supplier to enter any premises where Xxxxxxx the Supplier believes the Goods are kept and recover possession of the Goods; (f) Proquip the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquipthe Supplier; (h) Proquip the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Supply Agreement

Title to Goods. 11.1 Proquip 8.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Proquip the Supplier all amounts owing to Proquipthe Supplier; and (b) the Client has met all of its other obligations to Proquipthe Supplier. 11.2 8.2 Receipt by Proquip the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 8.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) 8.1 that the Client is only a bailee of the Goods and must return the Goods to Proquip the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip the Supplier and must pay to Proquip the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip the Supplier and must pay or deliver the proceeds to Proquip the Supplier on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip the Supplier and must sell, dispose of or return the resulting product to Proquip the Supplier as it so directs; (e) the Client irrevocably authorises Proquip the Supplier to enter any premises where Xxxxxxx the Supplier believes the Goods are kept and recover possession of the Goods; (f) Proquip the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;the Supplier; and (h) Proquip the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Supply Agreement

Title to Goods. 11.1 Proquip (a) The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) : • the Client has paid Proquip the Supplier all amounts owing to Proquipthe Supplier; and (b) and • the Client has met all of its other obligations to Proquipthe Supplier. 11.2 (b) Receipt by Proquip the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 (c) It is further agreed that that: • until ownership of the Goods passes to the Client in accordance with clause 11.1: (a) that the Client is only a bailee of the Goods and must return the Goods to Proquip the Supplier on request; (b) ; • the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip the Supplier and must pay to Proquip the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) ; • the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip the Supplier and must pay or deliver the proceeds to Proquip the Supplier on demand; (d) ; • the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip the Supplier and must sell, dispose of or return the resulting product to Proquip the Supplier as it so directs; (e) ; • the Client irrevocably authorises Proquip the Supplier to enter any premises where Xxxxxxx the Supplier believes the Goods are kept and recover possession of the Goods; (f) Proquip ; • the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred; (g) ; • the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip; (h) Proquip the Supplier; and • the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Samples: Service Agreement

Title to Goods. 11.1 Proquip 8.1 DWW and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip DWW all amounts owing to ProquipDWW; and (b) the Client Customer has met all of its other obligations to ProquipDWW. 11.2 8.2 Receipt by Proquip DWW of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 8.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 8.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip DWW on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip DWW and must pay to Proquip DWW the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip DWW and must pay or deliver the proceeds to Proquip DWW on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip DWW and must sell, dispose of or return the resulting product to Proquip DWW as it so directs;. (e) the Client Customer irrevocably authorises Proquip DWW to enter any premises where Xxxxxxx DWW believes the Goods are kept and recover possession of the Goods;. (f) Proquip DWW may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;DWW. (h) Proquip DWW may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

Title to Goods. 11.1 Proquip a) Notwithstanding delivery and the Client agree that ownership passing of risk in the Goods goods, or any other provisions of these conditions, the property in the goods shall not pass until:to the Buyer until the Seller has received in cash or cleared sums payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer, together with any interest or other sums payable under the relevant contract in respect of the goods and such other goods. (a) the Client has paid Proquip all amounts owing to Proquip; and (b) The Buyer may, while not in default in terms of Clause 11 below, sell goods notwithstanding the Client has met all of its other obligations to ProquipSeller’s title. 11.2 Receipt c) Any sale by Proquip the Buyer of any form goods owned by the Seller shall, as between the Buyer and person to whom the Buyer sells, be made by the Buyer as principal, but the proceeds of payment other than cash sale shall belong to the Seller to extent that the Buyer has not be deemed to be payment paid the Seller for such goods until that form of such payment has been honouredmade, cleared or recognisedand until such time the proceeds shall be held by the Buyer in a fiduciary capacity on behalf of the Seller and shall be kept in a separate account without prejudice to the Seller’s rights to trace same if the Buyer fails to keep the proceeds separate as aforesaid. 11.3 It is further agreed that until ownership d) The Buyer will, if the Seller so requires, assign to the Seller free of charge the Buyer’s rights to unpaid resale proceeds of the Goods passes to the Client in accordance with clause 11.1:Seller’s goods. (a) the Client is only a bailee of the Goods and must return the Goods to Proquip on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip and must pay to Proquip the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip and must pay or deliver the proceeds to Proquip on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip and must sell, dispose of or return the resulting product to Proquip as it so directs; (e) Pending delivery of goods owned by the Client irrevocably authorises Proquip Seller pursuant to enter any premises where Xxxxxxx believes a resale authorised by this Condition, the Goods are kept and recover possession of Buyer shall store the Goods; (f) Proquip may recover possession of any Goods same on its property in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain such a way as to keep them clearly identified as being the property of Proquip;the Seller and will take such care of them (including effecting ail proper insurance) as a careful businessman would take of his own property. f) The Seller may while owner of the goods (and without prejudice to any other rights it may have under or by virtue of the contract) demand the immediate return of the goods at any time and the Buyer shall forthwith comply with such demand and bear the expense of such return. The Seller will not exercise such right without giving 3 days prior written notice unless the Buyer fails to pay for the goods in whole or in part on the due date or if before the due date any of the events referred to in Clause 13 below occurs. g) If the Buyer fails forthwith to return goods so demanded the Seller may enter on the Buyer’s premises for the purpose of removing the goods (the cost of doing which shall be borne by the Buyer) or may sell or otherwise deal with the goods. h) Proquip The Buyer hereby grants licence to the Seller and its successors in title to goods, their respective employees and agents to enter on to the Buyer’s premises for the purpose of removing the goods and where goods are on premises other than the Buyer’s own the Buyer shall use its best endeavours to procure such licence from the appropriate person. The Buyer will give any assistance required by the Seller to register the Seller’s right to entry and will pay reasonable costs and expenses incurred by the Seller in effecting any such registration. i) The foregoing rights of the Seller are in addition to and in lieu of any other rights it may commence proceedings have at common law or by statute including the right to payment for goods and the right to recover the Price goods. j) Each right or obligation contained in this Clause 6 or any other provision of the Goods sold notwithstanding that ownership Contract (or of these conditions) shall be construed as a separate right or obligation or provision and if any of the Goods has not passed rights or obligations set out in this clause or any other provision of the Contract (or of these conditions) is held by any competent authority to be invalid or unenforceable in whole or in part for any reason including lack of registration then the Clientvalidity of the other rights and obligations set out in this clause or the other provisions of the Contract (or of these conditions) shall be unaffected and the remaining rights and obligations and other provisions shall construe in full force and effect and shall bind the Buyer.

Appears in 1 contract

Samples: Sales Contracts

Title to Goods. 11.1 Proquip 26.1 KH and the Client You agree that ownership of the Goods shall will not pass to You until: (a) the Client KH has paid Proquip received all amounts owing to ProquipKH by You in accordance with this Agreement; and (b) the Client has You have met all of its other Your obligations to ProquipKH under this Agreement. 11.2 Receipt by Proquip of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 It is further agreed that until 26.2 Until ownership of the Goods passes to the Client You in accordance with clause 11.127.1: (a) the Client is You are only a bailee of the Goods and must return the Goods to Proquip KH on request; (b) the Client holds You hold the benefit of the Client’s Your insurance of the Goods on trust for Proquip KH and must pay to Proquip KH the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client You must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sellsYou sell, disposes dispose or parts part with possession of the Goods then the Client You must hold the proceeds of any such act on trust for Proquip KH and must pay or deliver the proceeds to Proquip KH on demand; (d) the Client You should not convert or process the Goods or intermix them with other goods but but, if the Client does so You do, then the Client holds You hold the resulting product on trust for the benefit of Proquip KH and must sell, dispose of or return the resulting product to Proquip KH as it so directs; (e) the Client You irrevocably authorises Proquip authorise KH to enter any premises where Xxxxxxx XX believes the Goods are kept and recover possession of the Goods; (f) Proquip KH may recover possession of any Goods in transit whether or not Delivery delivery has occurred;; and (g) the Client shall You must not charge or grant an encumbrance over the Goods nor grant nor or otherwise give away any interest in the Goods while they remain the property of Proquip;Goods. (h) Proquip 26.3 KH may commence proceedings to recover the Price of for the Goods sold to You notwithstanding that ownership of the Goods has not passed to the ClientYou.

Appears in 1 contract

Samples: General Terms and Conditions

Title to Goods. 11.1 Proquip 12.1 TRS and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid Proquip TRS all amounts owing to ProquipTRS; and (b) the Client Customer has met all of its other obligations to ProquipTRS. 11.2 12.2 Receipt by Proquip TRS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 11.3 12.3 It is further agreed that that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 11.1: (a) 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to Proquip TRS on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for Proquip TRS and must pay to Proquip TRS the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for Proquip TRS and must pay or deliver the proceeds to Proquip TRS on demand; (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of Proquip TRS and must sell, dispose of or return the resulting product to Proquip TRS as it so directs; (e) the Client Customer irrevocably authorises Proquip TRS to enter any premises where Xxxxxxx XXX believes the Goods are kept and recover possession of the Goods; (f) Proquip TRS may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of ProquipTRS; (h) Proquip TRS may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Samples: Contract

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