Reservation of title Musterklauseln
Reservation of title. 9.1 We reserve title to the goods sold until all our present and future claims against the Customer arising from the purchase contract and/or an ongoing business relationship - for whatever legal reason - have been settled in full (secured claims). Bei vertragswidrigem Verhalten des Kunden, insbesondere bei Nichtzahlung des fälligen Kaufpreises, sind wir berechtigt, nach den gesetzlichen Vorschriften vom Vertrag zurückzutreten oder/und die Ware auf Grund des Eigentumsvorbehalts heraus zu verlangen bzw. zu pfänden. Das Herausgabeverlangen bzw. der Pfändungsauftrag beinhaltet nicht zugleich die Erklärung des Rücktritts; wir sind vielmehr berechtigt, lediglich die Ware heraus zu verlangen oder zu pfänden und uns den Rücktritt vorzubehalten. Zahlt der Kunde den fälligen Kaufpreis nicht, dürfen wir diese Rechte nur geltend machen, wenn wir dem Kunden zuvor erfolglos eine angemessene Frist zur Zahlung gesetzt haben oder eine derartige Fristsetzung nach den gesetzlichen Vorschriften oder diesen AGB entbehrlich ist. Unsere darüber hinausgehenden Rechte bleiben unberührt.
9.2 Der Kunde hat die Vorbehaltsware pfleglich zu behandeln und diese auf seine Kosten gegen Feuer-, Wasser- und Diebstahlschäden ausreichend zum Neuwert zu versichern. Der Kunde ist verpflichtet, uns auf Verlangen jederzeit Auskunft über den Zustand und den Aufbewahrungsort der Ware zu erteilen.
9.3 Der Kunde ist bis auf Widerruf gem. der untenstehenden Regelung (c) befugt, die unter Eigentumsvorbehalt stehenden Waren im ordnungsgemäßen Geschäftsgang weiter zu veräußern und/oder zu verarbeiten. In diesem Fall gelten ergänzend die nachfolgenden Bestimmungen.
(a) Der Eigentumsvorbehalt erstreckt sich auf die durch Verarbeitung, Vermischung oder Verbindung unserer Waren entstehenden Erzeugnisse zu deren vollem Wert, wobei wir als Hersteller gelten. Bleibt bei einer Verarbeitung, Vermischung oder Verbindung mit Waren Dritter deren Eigentumsrecht bestehen, so erwerben wir Miteigentum im Verhältnis der Rechnungswerte (Rechnungsendbetrag inklusive Umsatzsteuer) der verarbeiteten, vermischten oder verbundenen Waren. Ist die Sache des Kunden in Folge der Vermischung als Hauptsache anzusehen, sind wir und der Kunde darüber einig, dass der Kunde uns anteilmäßig Miteigentum an dieser Sache überträgt; die Übertragung nehmen wir hiermit an. Im Übrigen gilt für das entstehende Erzeugnis das Gleiche wie für die unter Eigentumsvorbehalt gelieferte Ware. Der Kunde verwahrt das Eigentum oder Miteigentum für uns.
(b...
Reservation of title. 11.1 The supplier shall retain ownership in all goods delivered until the buyer has met all obligations towards the supplier arising from the business relationship.
11.2 The buyer may sell the goods in the ordinary course of business as long as he has met all obligations towards the supplier arising from the business relationship. The buyer may not, however, pledge the goods or use them as security.
11.3 In case the buyer is in default of payment, the supplier may (after issuing a warning) temporarily repossess the goods without setting a period of grace or rescinding the contract, whereby the costs of returning the goods shall be borne by the buyer.
11.4 The buyer hereby assigns as security any future receivables and rights arising from the sale or leasing of goods which are subject to reservation of title. The supplier hereby accepts this assignment.
11.5 Any treatment or processing of the goods subject to retention of title carried out by the buyer shall be deemed as effected on behalf of the supplier. In case the goods are processed or combined inseparably with objects that are not the property of the supplier, the supplier shall acquire co-ownership in the new product in proportion to the invoice value of the goods subject to retention contributed to the new product at the time of its manufacture. In case goods that are the property of the supplier are combined with other movable objects into a new product, whereby the other object constitutes the main component, the buyer shall assign to the supplier proportionate co-ownership in the product, if such main component is the property of the buyer. The buyer shall protect the ownership or co-ownership rights of the supplier. The same conditions shall apply to combined or processed products as to goods subject to reservation of title.
11.6 The buyer is under an obligation to inform the supplier immediately of any levy of execution initiated by third parties on the goods subject to retention of title or on receivables assigned to the supplier and hand over any documents necessary for intervention. The same shall apply to any other impediment.
11.7 The supplier undertakes to release upon request of the buyer any securities to which he is entitled on the grounds of the above provisions if their value exceeds the claims against the buyer by more than 10%.
Reservation of title. The Seller retains all rights of ownership of the goods supplied until complete payment of the purchase price. Resale of retained goods shall only be possible with the Seller’s written consent. The Buyer shall, however, assign all claims arising out of such resale of the goods to the Seller. Assertion of the reservation of ownership by the Seller does not imply any withdrawal from the contract, except if otherwise expressively stated. In case goods have to be returned to the Seller, the Seller shall have the right to invoice the Buyer all transport and ma- nipulation expenses incurred. In the event of claims by third parties on the goods subject to retention of title, in particularly in the case of attachment, the Buyer shall state that such goods are property of the Seller, and notify the Seller without delay. The Buyer shall take the full risk for the retained goods, in particular for its destruction, loss or deterioration.
Reservation of title. The subject matter of the service that we have delivered shall remain our property until any claims out of the business relation- ship with the Customer have been settled (“goods subject to reservation of title”). Such reservation of title to the Customer shall remain even if we include the claims in a current invoice and if the balance has been drawn and accepted (“current account reservation”). If the goods subject to reservation of title are processed or mixed together with other goods that do not belong to us, we shall acquire co-ownership in the new item in proportion of the value of the goods subject to reservation of title to the other proces- sed items. The Customer is performing a possible processing and manufacturing for us without any liabilities accruing to us from this. The processed or manufactured goods serve us as security at the amount of the proportionate value of the goods subject to reservation of title. The Customer should keep such goods in a safe place with the diligence of a prudent businessman. The Customer is entitled to sell the delivered goods and the new item that has come into being by using such goods in business dealings provided, however, that a reservation clause with the same content as the present one be agreed. This shall only apply to the extent that we did not revoke the reselling within the fra- mework of the purpose of the guarantee. In the event of reselling the subject matter of the service, the claims of the Customer against the buyer shall pass to us. You may not pledge the goods subject to reservation of title to a third party nor transfer such title for security until the secured claims have been paid completely. The buyer should notify us promptly in writing if and to the extent that third parties access the goods that belong to us. You do already now assign to us your claims against third parties including all ancillary rights. The assignment covers a part of the total claim of the Customer out of the obligation, on which the further delivery of the goods subject to reservation is based amounting to the purchase price that has been agreed between the Customer and us for the goods subject to reservation of title, and which the Customer delivers to its buyer on the basis of the joint and several obligation. The claims assigned to us in this way serve for securing all and any of our claims (including such arising in the future) against the Customer under the business relation- ship. That is why; the assignment ...
Reservation of title. 5.1 Until all claims are satisfied – particularly also the respective balance claim that we are entitled to from the customer independent of the legal basis –, we shall remain the owner of all delivered goods. In the event the customer conducts in a way that is contrary to the terms of the contract, in particular in the case of delays in payment, after the determination of an appropriate time limit, we shall be entitled to take the item back. The fact that we take the item back shall not constitute a rescission of the contract. After having taken the item back, we shall be entitled to realise the item, and the realisation proceeds shall be set off against the customer‘s liabilities, less appropriate realisation expenses.
5.2 The reworking and processing of the goods shall be effected on our behalf and as a manufacturer within the meaning of Section 950 of the German Civil Code [Bürgerliches Gesetzbuch, BGB] without creating an obligation on our behalf; the processed goods shall be deemed to be goods that are subject to a reservation
5.3 The customer shall only be entitled to sell goods that are subject to a reser- vation of title in the scope of customary business operations and as long as the customer is not in default in relation to us. The customer shall already now assign to us the claims arising from the resale of goods that are subject to a reservation of title. In the event that the goods that are subject to a reservation of title are sold together with other goods not delivered by us, the assignment of the claims arising from the resale shall only apply up to the amount of the invoice values of the respectively sold goods that are subject to a reservation of title indicated in our invoices (includ-ing VAT). In the case of a resale of goods to which we hold
5.4 The customer shall be entitled to collect sums due from the resale until we revoke this; the right to revocation shall be admissible at all times. We undertake to not declare a revocation of the direct debit authorisation as long as the customer fulfils their payment obligations in connection with the received proceeds and there is no application for the opening of insolvency proceedings and no payments have been suspended. In the event that we justifiably declare the revocation of the direct debit authorisation, we shall be entitled to require the contractual partner to disclose to us the assigned claims and their debtors, to provide all information that
5.5 We undertake to release the secur...
Reservation of title. Title to the goods delivered shall pass to us once payment has been made. Any prolonged or extended reservation of title is excluded.
Reservation of title. We reserve title to the goods supplied until payment in full is made. If the goods subject to this reservation of title are processed, the reservation of title shall extend to the product of such processing and we shall be entitled if the necessity arises to select for separation such amount of the said product as shall cover the value of the goods supplied by us. In the event of an encroachment by a third party, the purchaser shall inform us immediately of the manner and perpetrator thereof. The purchaser shall compensate us for the costs of any legal action. He undertakes to insure at his expense any goods subject to the reservation of title. The legal consequences of processing as set out above shall also apply to compounds, mixtures or blends of the goods supplied.
Reservation of title. 9.1 The Seller shall retain title to the supplied goods until they have been paid for in full. The Buyer shall expressly stipulate in the contracts signed with its customers that the Seller has reserved title to the supplied goods until full settlement of the purchase price. The Buyer herewith offers in a formally binding way to the Seller to assign to him, as security, any future claims based upon the resale of the supplied goods to third parties. In the case of acceptance of this offer by the Seller, the Buyer shall promptly notify its debtors of such an assignment and shall enter such assignment in its books. The Seller shall retain title to any amounts received by the Buyer for goods sold to third parties until such goods have been fully paid, and the Buyer shall keep such amounts apart from other funds. Der Käufer hat den Verkäufer unverzüglich von jeglicher Pfändung oder Beschlagnahme, dem Entstehen gesetzlicher Pfandrechte sowie von jedem anderen Ereignis zu unterrichten, welches den Bestand der gelieferten Waren oder einer zugunsten des Verkäufers bestehen- den Sicherheit beeinträchtigen könnte.
Reservation of title. 1. We shall retain the title on all goods sold (hereinafter “reserved goods”) until full payment of all our present and future claims under the purchase agreement and all ongoing business transactions with the customer (hereinafter: “secured claims”).
2. Goods delivered by us to the Buyer shall remain our property until the complete payment of all secured claims. Until the goods have been paid in full, the Buyer shall keep the goods for us in trust, separately from its own property and from any third-party property, and shall ensure that the reserved goods are properly stored and secured.
3. No permission is given for the pledging of reserved goods or for their transfer of ownership as security lien.
4. The Buyer is entitled to process and sell reserved goods until their utilisation in the ordinary course of business.
4.1 If reserved goods are processed by the Buyer, then the parties agree that this shall take place on our behalf and on our account as manufacturer and that we shall immediately acquire ownership or – if processing involves materials from several owners or if the value of a processed item exceeds the value of the reserved goods – that we shall immediately acquire co-ownership (i.e. cot ownership) of the newly created items at the ratio between the reserved goods and the newly created item. In the event that no such acquisition of ownership should occur with us, the Buyer hereby assigns his future ownership in the above-mentioned proportion, co-ownership of the newly created object to us as security.
Reservation of title. 7.1 rewaco shall retain the ownership of the delivered goods until all claims resulting from the business relation- ship, with respect to the purchaser, including claims arising in future –even from contracts concluded at the same timer or at a later date- are settled. This also applies if claims are added to a current account and the balance is drawn and recognized.
7.2 The purchaser is entitled to sell or process the goods in the proper course of business. In that case the pur- chaser assigns to rewaco all claims arising from the resale to customers or third parties. Even after the as- signment the purchaser will still be entitled to collect all these claims. ▇▇▇▇▇▇’▇ authorisation to collect the debt itself remains unaffected by this; however, rewaco will not exercise this right as long as the purchaser duly complies with its financial and other obligations. Upon request, the purchaser needs to inform rewaco of the ceded rights and the respective debtors, supply all information and relevant documents necessary to as- sert rewaco’s rights and inform the debtors of the assignment.
7.3 In the event the purchaser acts contrary to the contract, in particular late payment, rewaco will be entitled to take back the delivered goods at any time. The taking back or seizure of the goods by rewaco will only lead to withdrawal from the contract, if this is required by law or with rewaco’s express written consent. For the pur- pose of the retrieval of goods the purchaser will grant rewaco the irrevocable right to enter its premises and storage rooms unhindered and remove the goods.
7.4 Insofar and as long as the retention of title exists, the purchaser is not entitled to pledge goods or other ob- jects manufactured with these goods, nor offer them as security without rewaco’s permission. Financing agreements (e.g. leasing) involving the transfer of ownership of rewaco’s retention rights require rewaco’s prior written consent unless the party providing the financing is obliged under the agreement to pay the por- tion of the purchase price directly to rewaco.
7.5 In the case of court seizures or other third-party claims, the purchaser shall notify rewaco immediately in writing. The purchaser may not make any agreements with his customers which could infringe ▇▇▇▇▇▇’▇ rights.
7.6 Should the value of the existing securities provided, exceed the claims to be secured by more than 20%,
7.7 If rewaco takes back the purchased item, rewaco and the purchaser will agree on rewaco...