Common use of Unfixed Materials Clause in Contracts

Unfixed Materials. (a) Title to all unfixed Materials and equipment on Site that will form part of the Works supplied directly by a Participant, and not a Subcontractor or supplier, the value of which is included in a monthly payment claim, shall, upon payment, immediately pass to: (1) the Project Owner as agent on behalf of VicTrack, if the unfixed Materials and equipment forms part of the Rail Infrastructure; and (2) the Project Owner or the relevant road authority, as the case may be, if the unfixed Materials and equipment forms part of Road Infrastructure, unencumbered and free of any security interests held or claimed by any third parties. (b) Without limiting clause 19.7, the Project Owner will not pay for any Materials off-Site unless it is satisfied that the unfixed Materials and equipment are properly stored, labelled and identified as the property of the Project Owner, and: (1) the Project Owner is satisfied that the unencumbered title to those Materials will pass on payment and the Project Owner is satisfied that the Materials are protected and insured to the Project Owner’s satisfaction; or (2) the Materials are delivered to a Site and the terms of the supply of the Materials are that unencumbered title to those Materials passes in accordance with clause 20.11(a) or to the NOPs on delivery. (c) If a Participant wishes to be paid for materials or equipment not incorporated into the Works which are supplied by a Subcontractor the Participant must obtain from the Subcontractor security in the form of an unconditional bank undertaking in favour of the Project Owner equal to the amount claimed for the materials. Security provided will be released upon delivery of the relevant Materials to the Site and the Subcontractor providing evidence and documentation which establishes that unencumbered ownership has passed to the Project Owner.

Unfixed Materials. (a) Title to all unfixed Materials and equipment on Site that will form part of the Works supplied directly by a Participant, and not a Subcontractor or supplier, the value of which is included in a monthly payment claim, shall, upon payment, immediately pass to: (1) the Project Owner as agent on behalf of VicTrackXxxXxxxx, if the unfixed Materials and equipment forms part of the Rail Infrastructure; and (2) the Project Owner or the relevant road authority, as the case may be, if the unfixed Materials and equipment forms part of Road Infrastructure, unencumbered and free of any security interests held or claimed by any third parties. (b) Without limiting clause 19.7, the Project Owner will not pay for any Materials off-Site unless it is satisfied that the unfixed Materials and equipment are properly stored, labelled and identified as the property of the Project Owner, and: (1) the Project Owner is satisfied that the unencumbered title to those Materials will pass on payment and the Project Owner is satisfied that the Materials are protected and insured to the Project Owner’s satisfaction; or (2) the Materials are delivered to a Site and the terms of the supply of the Materials are that unencumbered title to those Materials passes in accordance with clause 20.11(a) or to the NOPs on delivery. (c) If a Participant wishes to be paid for materials or equipment not incorporated into the Works which are supplied by a Subcontractor the Participant must obtain from the Subcontractor security in the form of an unconditional bank undertaking in favour of the Project Owner equal to the amount claimed for the materials. Security provided will be released upon delivery of the relevant Materials to the Site and the Subcontractor providing evidence and documentation which establishes that unencumbered ownership has passed to the Project Owner.