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. 6.1 Ownership of the goods (“Reserved Goods”) shall not pass to the customer until all claims to which we are entitled from the business relationship with the customer (including ancillary claims, default interest and claims for damages) have been fulfilled (Eigentumsvorbehalt). 6.2 The customer is authorised to use and resell the Reserved Goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us by way of security all claims arising from the resale of the Reserved Goods in the amount of the invoice value of the Reserved Goods (including VAT). We hereby accept the assignment. The customer is revocably authorised to collect the claims assigned to us in trust for us in his own name within the scope of his ordinary business operations. If the customer is in arrears with the settlement of his liabilities to us, we may revoke the authorisation to collect and the authorisation to resell the Reserved Goods subject to retention of title. Upon revocation of the authorisation, we shall be entitled to collect the claim ourselves and to demand from the customer all necessary information and documents for its assertion. 6.3 The customer may neither pledge the Reserved Goods nor assign them as security or make other dispositions that jeopardise our ownership. In the event of seizure, confiscation or other access by third parties, the customer must draw attention to our ownership of the Reserved Goods and inform us immediately. 6.4 If the customer acts in breach of contract, in particular in the event of default in payment, we may, without prejudice to other rights, demand the return of the goods subject to retention of title and utilise them elsewhere for the purpose of satisfying due claims against the customer. In this case, the customer shall immediately grant us or our authorised representative access to the Reserved Goods and return them. 6.5 Due to the retention of title, we can only demand the return of the Reserved Goods if we have withdrawn from the contract. 6.6 If the realisable value of the Reserved Goods exceeds our claims by more than 10% in total, we shall be obliged to release securities to the extent that the customer requests this.

Reservation of title. 8.1 The delivered goods remain the property of aktion hoffnung un- til the purchase price has been paid in full. The buyer is obliged to handle the goods with care. The buyer shall notify aktion hoffnung without delay in writing of any third party's attempt to access the goods delivered under retention of title before payment of the full pur- chase price. 8.2 The buyer shall refrain from pledging or transferring the goods under reservation of title by way of security. 8.3 The buyer may process and resell the goods in the ordinary course of business during the ex- istence of the reservation of title, provided it has a reservation of title agreement with its buyer itself and is not in default of its payment ob- ligations towards aktion hoffnung. 8.4 The buyer hereby assigns all claims and ancillary rights which accrue from the resale to aktion hoffnung in the amount of the pur- chase price (including VAT) agreed between aktion hoffnung and the buyer. The assignment is hereby accepted. The buyer is au- thorized to enforce these claims after their assignment. This shall not affect the right of aktion hoffnung to enforce these claims itself. aktion hoffnung undertakes not to enforce the claims as long as the buyer duly meets its pay- ment obligations, is not in default of payment and no insolvency pro- ceedings have been instituted against the buyer. However, if it comes to a default of payment, ak- tion hoffnung shall be entitled to enforce the claims and the buyer is obliged to notify aktion hoffnung without delay of the assigned claims and debtors thereof and provide all information necessary to enforce the claims, to hand over the relevant documents and to no- tify the debtors (third parties) of the assignment. 8.5 In the case of breach of con- tract by the buyer, in particular in the event of a delay in payment or breach of the duties pursuant to clause 8.1 and 8.2 above, aktion hoffnung shall be entitled, after un- successful expiry of a reasonable deadline, to reclaim the goods. The buyer is obliged to surrender the goods. The repossession of the goods and/or assertion of the reservation of title and seizure of goods under reservation of title on the part of aktion hoffnung shall not constitute a withdrawal from the contract unless aktion hoffnung has expressly made a declaration to that effect.

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. 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. 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. 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. 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. 5.1 We reserve title to the goods delivered until receipt of all payments from the business relationship with the Customer (reserved goods). 5.2 Within the course of his proper business operations, the Customer is entitled to process, transform or combine the reserved goods. For securing our claims set forth under Subsec. 5.1 above, we acquire co-ownership in the products created by processing, transformation or combination, which coownership is assigned to us by the Customer already now. The Customer will keep the items subject to our co-ownership in custody for us free of charge. The amount of our co-ownership depends on the ratio of the value of the reserved goods to the value of the item created by processing, transformation or combination at the time of processing, transformation or combination. To the item created by processing, transformation or combination, there applies the same as to the reserved goods. 5.3 The Customer is entitled to resell the items subject to our reservation or co-ownership in the due course of business, as long as he is not in default in payment. Already now, the Customer assigns to us all claims due to him from the resale of the goods delivered by us or on another legal ground (insurance, tortuous act) with regard to these goods (including all balance claims from current accounts) with ancillary rights to the amount of the value of the delivered goods invoiced by us (including VAT), irrespective of whether or not the goods delivered by us have been further processed, transformed or combined with other items. The assigned claims serve to secure our claims according to Xxxxxx. 5.1 of these Terms. The Customer is entitled to collect the assigned claims until revocation. The right to collect can be revoked by us any time as soon as the Customer fails to properly meet his payment obligations. 5.4 Upon our request, the Customer has to inform us immediately in writing to whom he has sold the goods subject to our reservation or co-ownership and what claims are due to him from the resale or on another legal ground with regard to these goods, notify the assignment of the claims to the respective debtors and hand over to us the documents (e.g. invoices) and give us the information required for asserting our rights. 5.5 The Customer is not entitled to dispose in any other way of the items subject to our reservation or co-ownership or of the claims assigned to us, in particular to pledge the items or transfer them by way of mortgage. The...