Reservation of Ownership Musterklauseln

Reservation of Ownership. 10.1 Seller shall reserve the ownership in the object sold until Buyer has met all financial obligations. Seller is entitled to document Seller's ownership on the outside of the delivery item. Buyer shall comply with the required formal regulations to safeguard the reservation of ownership. In case of an attachment or any other recourse, Buyer shall be obliged to claim Seller's ownership and to inform the latter without delay.

Reservation of Ownership. The supplied goods shall remain our property until the payment in full of the purchase price, including all surcharges (interests, expenses, etc.). The reservation of ownership shall also apply to all debts payable to the Supplier by the Customer in connection with other supplies. The Customer shall only be entitled to re-sell the goods subject to our ownership right within the course of due business and provided that the reservation of our ownership is respected by the Customer’s consumers. Other hand- ling of the goods subject to the reservation of ownership, especially as regards the use thereof for the security of creditors’ claims or pledging thereof, is hereby excluded, and the Customer shall in such a case be obliged to indemnify the Supplier for any damages incurred in connection herewith. The Customer shall assign to us any claims from the re-selling of the goods subject to our reser- vation of ownership, and undertakes to notify us, upon our request, about the names of debtors and amounts owed, and notify the debtors concerned about the assignment of their respective claims. Should the Customer fail to meet its payment liabilities or other liabilities arising from the reservation of the Supplier’s ownership or should the Customer fail to comply with the- se commitments in a timely manner, suspend payments or enter into bankruptcy proceedings against the Customer’s assets, all amounts due by the Customer to the Supplier shall imme- diately fall payable, even though bills of exchange may have a later maturity deadline. Unless the overall remaining amount due is immediately settled, the Supplier shall be entitled to claim immediate release of the Supplier’s goods, with the exclusion of any retention right. All expen- ses incurred in connection with the repossession of the goods shall be settled by the Customer. Irrespective of the Customer’s payment obligation, the Supplier shall be entitled to monetize the repossessed goods in a manner most convenient for the Customer. The yields from the sale will be charged in favour of the Customer, after the deduction of all expenses associated with the sale, against the Customer’s total debt; the remainder, if any, will subsequently be released to the Customer. If the goods are seized by a third party, the Customer shall be obliged to inform the distraint officer about the reservation of ownership, and notify us about the seizure of the goods via registered mail. Any expenses on the intervention shall be settl...

Reservation of Ownership. (1) The delivered goods remain our property until all current and future demands from the business relationship including all incidental claims regardless of their legal basis are honoured. This also applies in the case of presenting cheques and bills of exchange. The suspension of individual demands in an ongoing invoice and the application for a credit balance and its approval does not affect the reserved ownership. (2) In the event of Customer behaviour that does not conform with the contract, especially in the case of payment defaults, we are authorised to take back the delivered products; the Purchaser is obligated to hand the product back to us. Our taking back the delivered goods does not constitute repudiation of the contract inasmuch as the terms of credit are applied, except if we have expressly stated this in writing. (3) The Purchaser may sell the goods within the framework of a proper business operation, but may not mortgage or pass title to a third party. The Purchaser must oppose all attachments or other third party interventions immediately. He must immediately notify us of any official actions by registered mail. If the third party is not in a position to reimburse us with the legal and out of court costs of a petition according to § 771 ZPO, the Purchaser will be held liable for the incurred shortfall. (4) The Purchaser assigns all demands equalling the final invoice amount (including sales tax) in advance which could arise against Third Parties as a result of reselling the goods regardless of whether the delivered goods have undergone additional processing or not, and whether the delivered goods have been sold on to one or more third parties. The Purchaser is authorised to collect the demands after their assignment. This has no effect on our entitlement to collect the demand ourselves. We promise not to do this provided the Purchaser complies with his obligations, does not default or discontinue making his payments to us, that no enforcement actions against him commence, that the court does not does not instruct him to make a statutory declaration or that no application is made to commence insolvency proceedings with regard to his assets. (5) The Purchaser is obligated to inform us on demand about assigned demands and their debtors, to present all details required for collection purposes and to inform the third party about the assignment. The consumer must provide us with a separate document about the assignment on demand. (6) The proces...

Reservation of Ownership. 10.1 The finished product (hereinafter “the joint product”) shall remain the property of the Supplier until paid in full and all due demands, which the Supplier derives from the business relationship with the purchaser, have been met. Reservation of ownership shall apply in the event of further processing and resale. During this period of reserved ownership, the purchaser must neither pledge nor assign, nor put the product up as a chattel without the Supplier’s express permission. The Supplier is to be notified without delay in case of seizure by a third party. 04 / 2024 10.2 If the purchaser processes the joint product into a new product, the processing is deemed to have been made for the Supplier. The transfer of ownership shall be precluded pursuant to Section 950, German Civil Code (BGB). By processing, mixing or reconstructing the joint product with other products that do not belong to the Supplier, the Supplier will gain shared ownership in the resultant product proportionally to the monetary value of the joint product and other component products at the time of processing. It is the purchaser’s duty to store and keep control of the resultant product with appropriate commercial care. 10.3 Therefore, in the sense of these terms, the new resultant product is deemed as a joint product. In the case of any sale of the resultant joint product, the purchaser assigns at this point in time his claim in the product value to the Supplier to the amount proportional to the calculatory value of the joint product with respect to all other products contained in the resultant product. In the case of any sale of the resultant product, together with other components not owned by the Supplier at a total all-inclusive price, the purchaser shall pay to the Supplier the proportion of the total price that represents the Supplier’s share in it. 10.4 The purchaser also assigns to the Supplier all claims as collateral, which arise out of joining the joint product with real estate property towards a third party. 10.5 The purchaser is revocably entitled to enforce claims resulting from any resale within the framework of a usual business transaction. Regardless of that, the purchaser shall be entitled to collect the claims by himself if the purchaser has violated his contractual duty, particularly in the event of delayed payment. Upon the Supplier’s request, the purchaser must name the debtors of such outstanding claim and notify such assignment to the debtors. Making a claim wit...

Reservation of Ownership. (1) In the case of contracts with consumers, the MBE center retains the ownership of sold and, if applicable, delivered goods until the purchase price has been paid in full. (2) In the case of contracts with entrepreneurs, the MBE center retains the ownership of sold and, if applicable, delivered goods until full settlement of all, including future claims from a current business relationship. (3) In any event, the extended retention of title shall be agreed upon, whereby the customer may resell the sold goods only within ordinary and proper business transaction and under reservation of title but may not pledge or surrender them for security. The customer hereby assigns all claims, including all ancillary rights of the customer from resale to the MBE center for security. In any event, the customer shall note this assignment in his business documents to the knowledge of his business partners and shall refer to the retention of title accordingly.

Reservation of Ownership. 1. All delivered goods shall remain the property of the supplier until complete payment of the price and fulfil- ment of any further obligations arising from existing business relations with the customer. We are empow- ered to withdraw from the contract if the customer comes in default. 2. The customer is entitled to resell the retained goods or combine them with other movables as part of his regular business. He shall ensure that as far as possi- ble the supplier retains the title and hereby assigns to the supplier the claim to the purchase price of the item - which may be processed - from its purchaser to the full amount but no more than up to 120% of the supplier's claim. The supplier accepts this assignment. The cus- tomer must inform the supplier of the purchaser's name. 3. The customer is obliged to inform us about any en- croachment on our retained goods by third party’s rights. Until total fulfilment of all our claims, the retained goods may not be pledged, assigned or disposed in any other not permitted way. The customer must perform, omit or arrange anything necessary to support the up- holding of our ownership. 4. The customer undertakes to keep the retained goods in perfect condition and to insure them against the cus- tomary risks. Upon request he shall provide the supplier with evidence of the insurance. The customer shall immediately notify the supplier of any damage. The customer hereby assigns to the supplier any delay in payment, stoppage of payment or any claims he may acquire against the insurers or third parties by reason of the damage. The supplier accepts this assignment. In

Reservation of Ownership. 1. All goods delivered by the Agent remain the sole property (Section 449 German Civil Code) of the Agent until all receivables have been settled in full. 2. The Principal may not hypothecate nor pledge the delivered goods as security until payment has been settled in full. In case of seizure, confiscation or other disposals or interventions by third parties, the Customer must inform the Provider immediately. 3. If the Principal breaches duty, especially in case of delayed payment, the Agent is entitled to withdraw from the contract and take back the delivered goods or services once a reasonable term for performance set for the Customer expires. The statutory regulations on the expandability of setting a deadline remain unaffected. The Customer must surrender said goods. 4. If combined value of the security interests of the Provider exceeds 20 %, the Provider will release a corresponding share of security interests upon the request of the Customer.

Reservation of Ownership. 1. Goods supplied remain our property until payment of all our demands under the business contract with the customer has been received. 2. Sale and manufacturing of goods with reservation is admitted. In so far the customer withdraws the arising demands against third parties already now. The customer is revocably entitled to draw in the demands. 3. The reservation of property entitles us to the immediate re-taking of possession in case of payment delays. The customer resigns the objection and authorizes us from the beginning to sell the goods on his cost. 4. If the goods subject to reservation are processed by the customer then it is agreed that the processing is done in the name and for account of the supplier as manufacturer and the supplier shall acquire the ownership directly or – if the processing is of material from several owners or if the value of the processed item exceeds that of the goods subject to reservation – the co-ownership (fractional ownership) of the newly created item in the ratio of the goods subject to reservation to the value of the newly created goods. In case that no such acquisition of property should occur for the supplier, the customer shall henceforth transfer his future property or – in the above relation – co-ownership of the newly created item to the supplier’s security. If the goods subject to reservation are combined or inseparably mixed with other goods to a single item and if one of the other can be considered as the main item, then the supplier shall, insofar as the main item belongs to him, transfer the co-ownership proportionally to the customer of the uniform item in the ratio stated in sentence 1.

Reservation of Ownership. 1. Until all our present and future outstanding accounts have been paid in full we reserve ownership of the goods. 2. Where there is dereliction of duty, non-payment of the purchase price in particular, we are entitled to withdraw from the contract and / or reclaim the goods as provided for under the law. The request to surrender the goods does not in itself constitute a declaration of withdrawal; we are entitled only to reclaim the goods and reserve the right to withdraw. In the event of non-payment of the purchase price we will assert these rights only after a reasonable final period for payment has expired fruitlessly or is legally dispensable. 3. The Purchaser may process and / or sell the goods in the course of orderly business. In this case the provisions below also apply. 3.1. Reservation of ownership extends to products created by processing, mixing or combining, where we are deemed the manufacturer. Where third-party ownership rights remain, we acquire co-ownership in the ratio of our share in the value of the goods. The products are furthermore deemed reserved goods. 3.2. The Purchaser assigns to us now by way of security all trade debts arising from reselling the goods in total or to the extent of our co ownership share. We accept the assignment. The Purchaser’s obligations stated in Section 2 also apply with respect to the assigned trade debts.The Purchaser is authorised in addition to us to collect these debts. 1 German Civil Code (Tr.). 3.3. Where the value of the securities exceeds our debt claims by more than 10% we will at the Purchaser’s request release securities of our choosing.

Reservation of Ownership. 6.1 Delivery of goods by Xxxxxx is made strictly under reservation of ownership – in so far as this is legally admissible in the country of destination – and subject to the following conditions: 6.2 The goods remain the property of Terrot until such time as settlement in full of all claims has been effected, including any future claims of Terrot against the Customer, irrespective of the legal grounds on which they may be founded, in particular including any balances due from the respective current account, and any bills of exchange and cheques sent as payment have been honoured – subject to the terms of release as provided below. 6.3 In the event of any default in payment on the part of the Customer, Terrot shall be entitled – even without setting a period of respite - to rescission of the Contract, to pick up the reserved goods and, for this purpose, to enter the premises where the goods are held; even Vorbehaltsware nach bestem Ermessen zu verwerten, insbesondere auch freihändig an Dritte zu verkaufen. 6.4 Ein Eigentumserwerb des Bestellers gemäß § 950 BGB im Falle der Be- oder Verarbeitung der Vorbehaltsware zu neuen Sachen ist ausgeschlossen. Be- und Verarbeitung der Vorbehaltsware erfolgt gegebenenfalls durch den Besteller für Terrot. 6.5 Der Besteller darf die Vorbehaltsware nur im Rahmen seines ordnungsgemäßen Geschäftsbetriebs veräußern. Er ist zur Weiterveräußerung der Vorbehaltsware nur mit der Maßgabe berechtigt und ermächtigt, dass die Forderungen aus der Weiterveräußerung, wie nachfolgend vorgesehen, auf Terrot übergehen. Zu anderen Verfügungen über die Vorbehaltsware ist der Käufer nicht berechtigt. Insbesondere darf er die Vorbehaltsware nicht verpfänden oder zur Sicherheit übereignen. 6.6 Die Forderungen des Bestellers aus dem Weiterverkauf der Vorbehaltsware werden bereits jetzt an den Terrot abgetreten. 6.7 Der Besteller ist ermächtigt, die abgetretenen Forderungen bis auf jederzeitigen Widerruf einzuziehen. Zur Abtretung dieser Forderungen ist er nicht befugt. Terrot wird von dem Widerrufsrecht keinen Gebrauch machen, solange der Besteller seinen Zahlungsverpflichtungen ordnungsgemäß nachkommt. Auf Verlangen von Xxxxxx hat der Besteller seine Abnehmer von der Abtretung an Terrot zu unterrichten und Terrot die zur Einziehung der Forderung erforderlichen Auskünfte und Unterlagen zu geben. 6.8 Die Berechtigung des Bestellers zur Veräußerung der Vorbehaltsware sowie die Ermächtigung zur Einziehung der abgetrete- nen Forderungen, erlischt in ...