Common use of Title to the Goods Clause in Contracts

Title to the Goods. (1) Regardless of whether the Owner or the Hirer is named as purchaser of the Goods in the relevant invoice(s) issued by the Dealer, and notwithstanding any Down Payment paid by the Hirer to the Dealer in respect of the acquisition of the Goods by the Owner (which Down Payment shall be deemed to be payable by the Hirer to the Owner and as having been paid by the Hirer on behalf of the Owner to the Dealer), the Hirer hereby acknowledges that until such time as the ownership of the Goods vests in the Hirer either pursuant to the proper exercise of the Option to Purchase herein contained or otherwise with the specific written consent of the Owner, the Goods are and shall remain the sole and exclusive property of the Owner. The Hirer shall have possession of the Goods as a mere bailee. (2) The Hirer covenants not to prejudice or jeopardize the Owner’s rights of ownership and to take all such steps which may be necessary to safeguard its title and without prejudice to the generality of the foregoing shall not assign, encumber or otherwise deal with this Agreement or part with possession of, sell or create or permit the creation or existence of a pledge, charge, mortgage or lien (save liens arising by operation of law) or sub-let or assign the Goods or attempt or purport to do any of such things and shall on all occasions when the ownership of Goods is relevant make clear to any third parties that the same are the property of the Owner. (3) If the Hirer shall have paid all sums due or payable under this Agreement including, without limitation, the Down Payment and all of the Hire Rents and shall have strictly performed and observed all the Terms and Conditions, the hiring shall come to an end and the Hirer shall be entitled to exercise the Option to Purchase by payment of the Option Fee pursuant to Clause 15 the Goods which shall then become the property of the Hirer and the Owner shall assign and transfer all its rights and interest in the same to the Hirer upon request and at the expense of the Hirer.

Title to the Goods. (1) Regardless of whether the Owner Lessor or the Hirer Lessee is named as purchaser of the Goods in the relevant invoice(s) issued by the Dealer, and notwithstanding any Down Payment paid by the Hirer Lessee to the Dealer in respect of the acquisition of the Goods by the Owner Lessor (which Down Payment shall be deemed to be payable by the Hirer Lessee to the Owner Lessor and as having been paid by the Hirer Lessee on behalf of the Owner Lessor to the Dealer), the Hirer Lessee hereby acknowledges that until such time as the ownership of the Goods vests in the Hirer Lessee either pursuant to the proper exercise of the Option to Purchase herein contained or otherwise with the specific written consent of the OwnerLessor, the Goods are and shall remain the sole and exclusive property of the OwnerLessor. The Hirer Lessee shall have possession of the Goods as a mere bailee. (2) The Hirer Lessee covenants not to prejudice or jeopardize the OwnerLessor’s rights of ownership and to take all such steps which may be necessary to safeguard its title and without prejudice to the generality of the foregoing shall not assign, encumber or otherwise deal with this Agreement or part with possession of, sell or create or permit the creation or existence of a pledge, charge, mortgage or lien (save liens arising by operation of law) or sub-let or assign the Goods or attempt or purport to do any of such things and shall on all occasions when the ownership of Goods is relevant make clear to any third parties that the same are the property of the OwnerLessor. (3) If the Hirer Lessee shall have paid all sums due or payable under this Agreement within the Leasing Period including, without limitation, the Down Payment Payment, Advance Lease Rent, Rental Deposit (where applicable) and all of the Hire Rents Lease Rent and shall have strictly performed and observed all the Terms and Conditions, the hiring leasing shall come to an end and the Hirer Lessee shall be entitled to exercise the Option to Purchase by payment of the Option Fee pursuant to Clause 15 upon which the Goods which shall then become the property of the Hirer Lessee and the Owner Lessor shall assign and transfer all its rights and interest in the same to the Hirer Lessee upon request and at the expense of the HirerLessee.

Title to the Goods. (1) Regardless of whether the Owner or the Hirer is named as purchaser of the Goods in the relevant invoice(s) issued by the Dealer, and notwithstanding any Down Payment paid by the Hirer to the Dealer in respect of the acquisition of the Goods by the Owner (which Down Payment shall be deemed to be payable by the Hirer to the Owner and as having been paid by the Hirer on behalf of the Owner to the Dealer), the Hirer hereby acknowledges that until such time as the ownership of the Goods vests in the Hirer either pursuant to the proper exercise of the Option to Purchase herein contained or otherwise with the specific written consent of the Owner, the Goods are and shall remain the sole and exclusive property of the Owner. The Hirer shall have possession of the Goods as a mere bailee. (2) The Hirer covenants not to prejudice or jeopardize the Owner’s OwnerÊs rights of ownership and to take all such steps which may be necessary to safeguard its title and without prejudice to the generality of the foregoing shall not assign, encumber or otherwise deal with this Agreement or part with possession of, sell or create or permit the creation or existence of a pledge, charge, mortgage or lien (save liens arising by operation of law) or sub-let or assign the Goods or attempt or purport to do any of such things and shall on all occasions when the ownership of Goods is relevant make clear to any third parties that the same are the property of the Owner. (3) If the Hirer shall have paid all sums due or payable under this Agreement including, without limitation, the Down Payment and all of the Hire Rents and shall have strictly performed and observed all the Terms and Conditions, the hiring shall come to an end and the Hirer shall be entitled to exercise the Option to Purchase by payment of the Option Fee pursuant to Clause 15 the Goods which shall then become the property of the Hirer and the Owner shall assign and transfer all its rights and interest in the same to the Hirer upon request and at the expense of the Hirer.

Title to the Goods. (1) Regardless of whether the Owner or the Hirer There is named as purchaser an implied condition of the Goods in contract of hire purchase that the relevant invoice(sowner is capable of conferring a good title both at the time when the hiring commences (i.e. delivery of goods to the hirer) issued and at the time when the hirer ceases to exercise his option to purchase.Breach of this condition may give rise to total failure of consideration. It is therefore the duty of the owner of the goods to ensure that he had a good title to the goods let on hire. If therefore at any time the owners title to the goods is defective, hirer is prima facie entitled to repudiate the transaction and recover from the owner all sums paid as money paid on consideration which has totally failed.DESCRIPTION OF GOODS: The owner is under a duty to supply goods of the description which he has agreed to let on hire. Where there is letting by description, the goods turnout to the hirer must exactly correspond with the description which may go beyond the physical state of the goods and extend, for example to the way the goods are packed. If the owner fails to satisfy this condition the hirer may reject the goods for the breach of the implied condition or alternatively he may elect to affirm the contract and sue for damages for breach of xxxxxxxx.XXXXXXX AND QUALITY OF THE GOODS: where a hire purchase agreement is entered into upon the strength of an express or implied undertaking given by the Dealer, and notwithstanding any Down Payment paid by the Hirer owner or his agent as to the Dealer in respect fitness of the acquisition of goods for the Goods by the Owner (purpose for which Down Payment shall be deemed to be payable by the Hirer to the Owner and as having been paid by the Hirer on behalf of the Owner to the Dealer)they are hired, the Hirer hereby acknowledges that until such time as the ownership of the Goods vests in the Hirer either pursuant to the proper exercise of the Option to Purchase herein contained or otherwise with the specific written consent of the Owner, the Goods are and shall remain the sole and exclusive property of the Owner. The Hirer shall have possession of the Goods as a mere bailee. (2) The Hirer covenants not to prejudice or jeopardize the Owner’s rights of ownership and to take all such steps which may be necessary to safeguard its title and without prejudice to the generality of the foregoing shall not assign, encumber or otherwise deal with this Agreement or part with possession of, sell or create or permit the creation or existence of a pledge, charge, mortgage or lien (save liens arising by operation of law) or sub-let or assign the Goods or attempt or purport to do any of such things and shall on all occasions when the ownership of Goods is relevant make clear to any third parties that the same are the property of the Owner. (3) If the Hirer shall have paid all sums due or payable under this Agreement including, without limitation, the Down Payment and all of the Hire Rents and shall have strictly performed and observed all the Terms and Conditions, the hiring shall come to an end and the Hirer shall hirer would be entitled to exercise repudiate the Option agreement or sue for damages upon a breach of that undertaking.Ordinarily, for the condition to Purchase by payment apply, a hirer must have made known to the owner, the purpose for which he wants the goods in circumstances that indicates that he relies on the skill and judgment of the Option Fee pursuant xxxxx.Xx Bentworth Finance Company v. DeBank Transport, the court confirmed that where the hirer makes known the purpose for which the goods are required so as to Clause 15 show that he relies on the Goods which sellers skill and judgment the term is implied the goods shall then become be fit and suitable for that purpose as reasonable care and skill can make them. See also Amusan v. Bentworth Finance.Furthermore, where the property defect makes the goods unfit for its purpose is hidden at the time of the Hirer agreement, the owner may not be guilty of the breach of this duty. This, in Xxxxxxx x. XXXX, the plaintiff bought a lorry on hire purchase from the defendant. The engine was defective and the Owner shall assign plaintiff had to replace it with another engine. He defaulted in payment and transfer all its rights the defendant seized and sold the lorry.The plaintiff brought an action demanding inter alia damages for breach of the implied terms for fitness. The court held that in a hire purchase agreement, the implied condition in the fitness for purpose does not extend to hidden defect in the hire article. The only way in which the owner might have discovered the defect was by dismantling the engine and this was more than could reasonably be expected of him. Therefore there was no breach as to the implied term as to fitness.QUIET POSSESSION: The owner is under a duty not to interfere with peaceful, quiet possession and the enjoyment of the goods by the hirer. Where the owner wrongfully interferes with the hirers’ quiet possession and enjoyment, then there is a breach of warranty as to quiet possession. The hirer in this event can only sue for damages.The Obligation of the HirerThe terms of the purchase agreement would usually also contain clauses that spell out the obligations towards the owner of the goods. The terms usually contain obligations relating to the following matters:-ACCEPTANCE OF DELIVERY: It is the duty of the hirer to accept the delivery of the goods which he had contracted to hire. The hirer would be liable to the owner for any loss occasioned by his neglect or refusal to take delivery. This owner is these circumstances may maintain an action against the hirer for xxx-xxxxxxxxxx.XXXX OF THE GOODS: The contract usually provides that the hirer should have costively and control and not his expense put them in good order and repairs. A hirer must accordingly take reasonable care of the goods and may be liable for loss or damage due to wrongful use. A hirer is generally required to insure the goods in the name of the owner or in the joint names of the owner and the hirer, since both of them have an insurable interest in the same to goods.However, where the Hirer upon request and at goods perish without the expense fault or negligence of the Hirer.hirer, the hirer purchase agreement may be said to be frustrated and the parties discharged of this obligations. See the cases of Bentworth Finance V.

Title to the Goods. (1) Regardless of whether the Owner Lessor or the Hirer Lessee is named as purchaser of the Goods in the relevant invoice(s) issued by the Dealer, and notwithstanding any Down Payment paid by the Hirer Lessee to the Dealer in respect of the acquisition of the Goods by the Owner Lessor (which Down Payment shall be deemed to be payable by the Hirer Lessee to the Owner Lessor and as having been paid by the Hirer Lessee on behalf of the Owner Lessor to the Dealer), the Hirer Lessee hereby acknowledges that until such time as the ownership of the Goods vests in the Hirer Lessee either pursuant to the proper exercise of the Option to Purchase herein contained or otherwise with the specific written consent of the OwnerLessor, the Goods are and shall remain the sole and exclusive property of the OwnerLessor. The Hirer Lessee shall have possession of the Goods as a mere bailee. (2) The Hirer Lessee covenants not to prejudice or jeopardize the Owner’s LessorÊs rights of ownership and to take all such steps which may be necessary to safeguard its title and without prejudice to the generality of the foregoing shall not assign, encumber or otherwise deal with this Agreement or part with possession of, sell or create or permit the creation or existence of a pledge, charge, mortgage or lien (save liens arising by operation of law) or sub-let or assign the Goods or attempt or purport to do any of such things and shall on all occasions when the ownership of Goods is relevant make clear to any third parties that the same are the property of the OwnerLessor. (3) If the Hirer Lessee shall have paid all sums due or payable under this Agreement within the Leasing Period including, without limitation, the Down Payment Payment, Advance Lease Rent, Rental Deposit (where applicable) and all of the Hire Rents Lease Rent and shall have strictly performed and observed all the Terms and Conditions, the hiring leasing shall come to an end and the Hirer Lessee shall be entitled to exercise the Option to Purchase by payment of the Option Fee pursuant to Clause 15 upon which the Goods which shall then become the property of the Hirer Lessee and the Owner Lessor shall assign and transfer all its rights and interest in the same to the Hirer Lessee upon request and at the expense of the HirerLessee.