Retention of ownership. Ownership in the object of purchase shall be transferred to the AG upon handover to the AG or to a third party designated by the AG unless the Parties have agreed on a different form of ownership transfer. Any retention of ownership – in any form whatsoever – shall be excluded.
Retention of ownership. Irrespective of delivery and the passing of risk or any other provision of these Terms and Conditions, title to the Goods shall not pass to Buyer until the purchase price has been paid in full. Seller shall have the right to reclaim, otherwise dispose of or dispose of the Goods until the purchase price has been paid in full. Until the goods have been paid in full, Buyer shall hold the goods in trust for Seller and shall keep the goods separate from its property and that of third parties and shall properly store, secure and insure the goods subject to retention of title and mark them as Seller's property. Until full payment has been made, Buyer may use or resell the goods in the ordinary course of business, but Buyer must hold any consideration (including any insurance payments) on Seller's behalf and keep the funds separate from its property and that of third parties. If the goods have been further processed and if the further processing has also included parts in which the conditional seller has no ownership, the conditional seller shall acquire corresponding partial ownership. The same shall apply if goods of the seller are mixed with those of others. In the event of seizure or other interventions by third parties, the Buyer shall notify the Seller without delay. If the Buyer fails to comply with this duty, he shall be liable for the damage incurred. The Seller undertakes to release the securities to which it is entitled at the Buyer's request to the extent that the realizable value of the securities exceeds the claims to which the Seller is entitled. The choice of the securities to be released shall be made by the Seller.
Retention of ownership. The CN shall retain the right of ownership of the purchase item until the complete fulfilment of all the CS’s obligations. The CN is entitled to make its ownership of the delivery item known externally. The CS must comply with the necessary formal requirements for the preservation of the retention of ownership. In the event of attachment or any other claim, the CS shall be obliged to assert the CN’s right of ownership and inform the latter of this immediately. The CS is entitled to resell the goods belonging to the CN, as well as products owned or jointly owned by the CN in the normal course of business. The claim obtained by the CS from such sale is hereby ceded to the CN. The CS must sufficiently insure the goods belonging to the CN or products owned or jointly owned by the CN at its own expense.
Retention of ownership. The delivered goods remain the property of the seller (or assignee) up until full payment of debts arising from the delivery (invoice amount, increased invoice amount, interest, expenses, and costs). The deliveries made for a particular project, also if these have been ordered, delivered and billed in sections, are considered as a single order. The retention of ownership in all goods hereby does not expire if all claims of the seller (or assignee) from such a single order are settled. In the case of payment default by the orderer (purchaser), the seller (or assignee) is entitled to collect the goods subject to retention of ownership also without rescinding the contract. It is also expressly agreed that the seller is entitled to enter the apartment or respectively business premises of the purchaser in order to take the object of the purchase back if the payment agreements are not adhered to. The retention of ownership can be claimed regarding the entire delivery or individual goods, with or without rescinding the contract. As long as the retention of ownership is in force, the orderer (purchaser) may not sell, gift, pledge, loan or otherwise dispose of the objects, he is to report by means of registered post any pledging of the goods subject to retention of ownership carried out or impending by third parties and is liable for all additional expenses which the seller (or assignee) must make to ward off such pledging. The seller (assignee) is to be informed immediately in writing about changes in the orderer’s (purchaser’s) address. The orderer (purchaser) is also liable for any damage or loss of the objects subject to retention of ownership, irrespective of whether the damages were caused by him or third parties. The orderer (purchaser) assumes the risk for the goods from when they are handed over. The orderer (purchaser) is also obligated to treat the goods carefully, insure them against water and fire damage, and to indemnify and hold free and harmless the seller (or assignee) as long as the goods are the property of the seller (or assignee) or financed by a bank. The same applies for instalment contracts as agreed. The retention of ownership does not expire until full payment of the last instalment along with all interest, expenses and costs. If the agreed payments are moreover not adhered to, the seller (or assignee) has the right to take back the goods delivered against calculating a suitable hire charge, all costs for necessary repairs and servicing, c...
Retention of ownership. 1. The ownership of delivery items shall be transferred to the Customer only after the complete payment thereof. Insofar as the validity of the retention of ownership is tied to special conditions or special formal requirements in the country of destination, the Customer shall bear the responsibility for their fulfilment.
2. The Customer may neither pledge, nor sell nor assign as security the delivery item prior to the transfer of ownership. In the event of seizure, confiscation or other dispositions by third parties, the Customer must point out our property and has to notify us immediately.
3. The Customer is obliged to treat the retained goods with care; in particular, it is obliged to adequately insure these at replacement value and at its own expense against damages due to fire, water and theft. If maintenance and inspection works are required, the Customer must perform these in a timely manner and at its own expense.
4. An application for the opening of insolvency proceedings over the assets of the Customer entitles us to withdraw from the contract and to request the immediate return of the delivery item. The same applies if the Customer does not duly fulfil its obligations under this contract, in particular its payment obligations.
5. If the Customer headquarters are based within the Federal Republic of Germany, the following also applies:
a) Notwithstanding Section IV.1., we reserve the ownership of the delivery items until all our receivables against the Customer are satisfied from the current business relationship.
b) Notwithstanding Section IV.2., the Customer is entitled under the following conditions to resell or to process delivery items which are subject to the reservation of ownership in the ordinary course of business. It may resell the delivery items only subject to reservation of ownership, if the delivery items are not paid in full immediately by an acquiring third party. The right to resell shall cease to apply if the Customer is in default of payment. The Customer shall assign to us, upon the conclusion of the contract, all receivables arising from a resale or from other legal grounds. In the case of co- ownership, the assignment shall include only the share of receivables corresponding to our co- ownership.
c) The Customer shall remain authorised even after the assignment to collect the receivables assigned to us, as it complies with its payment obligations to us pursuant to the contract. We may at any time request that the Customer d...
Retention of ownership. 1 TTI shall retain ownership of the merchandise pending receipt of all payments resulting from the supply contract; the purchaser recognizes the simple and prolonged retention of ownership by TTI. TTI shall be entitled to repossess the merchandise in the event of behavior by the purchaser in violation of the contract, especially default in payment. The repossession of the merchandise through TTI does not constitute a rescission of the contract unless so expressed by TTI explicitly and in text form. The seizure of the merchandise through TTI always signifies rescission of the contract. TTI shall be entitled to sell the merchandise following repossession; the proceeds from the sale are to be credited toward the amounts owed by the purchaser, minus reasonable sales expenses.
Retention of ownership. 1. TTI retains ownership of the purchased merchandise until receipt of all payments from the supply contract; the purchaser recognizes TTI´s simple and extended retention of Title. In the event of breach of the contract by the purchaser, especially default in payment, TTI is entitled to take back the purchased item. The physical repossession of the merchandise by TTI, without repossessing title, does not constitute a rescission of the contract unless TTI has expressly declared this in text form. However, the repossession of title of the merchandise by TTI always constitutes a rescission of the contract. After taking back the purchased item, TTI is entitled to sellit; the proceeds from the sale are offset against the purchaser´s liabilities, minus reasonable salling expenses.
2. The purchaser is obliged to store the merchandise properly and treat it with care full payment has been made. The object of sale subject to retention of title may not be pledged by the purchaser to third parties or assigned as security before the secured claims have been fully paid.
3. In the event of seizures or other interventions by third parties, the purchaser must notify TTI immediately in writing to enable TTI to file an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). In particular, the purchaser is obligated to inform the ownership status of the items to the enforcement body. Insofar as the third party is not able to reimburse TTI for juditial and extrajuditial expenses associated with an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the purchaser shall be liable for the loss incurred by TTI.
4. The purchaser is entitled to resell the merchandise in the ordinary course of business. The purchaser hereby assigns to TTI all payments in the amount of the final invoice amount (including VAT) that accrue to it from the resale against its customer or third parties, regardless of whether the merchandise was resold without or after processing. The purchaser remains authorized to collect such payments even after the assignment. TTI's authorization to collect the payment itself remains unaffected thereby. Nevertheless, TTI undertakes to refrain from collecting the payment as long as the purchaser fulfils its payment obligations from the agreed proceeds, is not in default of payment and, in particular, no application for the opening of insolveny proceedings has been filed or payments have been suspended. If this is the case, howev...
Retention of ownership. Retention of ownership as defined in § 449 BGB shall apply to the goods supplied and is extended as follows:
10.1 Ownership of all goods shall remain with K+N until payment of the total claim, present and future, from the entire business relationship with the purchaser. This shall also apply if payment has been made for a single delivery.
10.2 The purchaser may sell the reserved goods only by way of a proper business transaction. As security, he agrees to assign to K+N any claim he may have against the customer for the sale of the reserved goods or for any other legal reasons, including all ancillary rights, to the full amount, i.e. including extra profit.
10.3 In the event that the value of the goods reserved as security (calculated on the basis of K+N’s sales prices) or the sum of the alternatively assigned claim exceeds K+N's total claim by more than 10 %, K+N shall, upon the purchaser’s request and with regard to the excess part, either assign goods or retransfer any assigned accounts receivable.
10.4 Until this provision is revoked, the purchaser may collect the assigned accounts receivable from the re-sale in his own name. Revocation shall only be made, if the purchaser does not fulfil his payment obligations or if his assets are deteriorating.
10.5 The reserved goods shall be sufficiently insured against fire and theft and shall be labelled as reserved goods.
10.6 If goods are transferred to a third party, the purchaser shall inform the third party of K+N’s retention of ownership and the prolonged or extended reservation of title and shall assign to the third party all obligations resulting from this.
Retention of ownership. STS Sensor Technik Sirnach AG will remain the owner of the goods until the complete payment of the purchase price.
Retention of ownership. Our delivered goods remain in our ownership until the customer has completely settled all outstanding payments. The customer may not mortgage the goods nor offer them in surety. We must be informed imme- diately of any confiscation by a third party.