Common use of Retention of Title Clause in Contracts

Retention of Title. 1. The Supplier retains title to all goods delivered until the full payment of the purchase price and all outstanding amounts resulting from the business relationship. 2. The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7. In the event of default in payment, the Customer is obliged to sur- render the goods subject to retention of title, even if the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility of the Customer less appropriate utilization costs.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, Allgemeine Geschäftsbedingungen

Retention of Title. 1. The Supplier retains title 6.1 CABKA reserves ownership in the products delivered to all goods delivered the cus- tomer until the full complete payment of all claims arising from the purchase price and all outstanding amounts resulting con- tractual relationship from the business relationshiprelationship between CABKA and the customer at the time of delivery or at a later time (hereinafter referred to as "Reserved Goods"). 2. 6.2 The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier customer shall be entitled to choose which security interest it wishes to releaseresell the Reserved Goods, as long as CABKA does not revoke this authorization. 76.3 The customer shall not be permitted to engage in a pledge, trans- fer by way of security or assignment by way of security. 6.4 The customer shall be obligated to secure the rights of CABKA as a conditional seller when reselling the Reserved Goods on its part. In The customer assigns the event claims of default the customer arising from the resale of the Reserved Goods in paymentadvance to CABKA; CABKA accepts this assignment. 6.5 Notwithstanding the assignment and XXXXX'x right of collection, the Customer customer shall be entitled to collect as long as it fulfills its obligations with respect to CABKA and XXXXX'x claim to com- pensation is obliged not endangered. At CABKA's request, the customer must provide CABKA with the information required for the collec- tion of the assigned claims and must notify its debtors of the as- signment. 6.6 If the value of the collateral exceeds the claims of CABKA to sur- render be secured by more than 10%, CABKA shall be obligated, at its option, to release collateral to this extent at the goods request of the customer. 6.7 The customer must inform CABKA immediately of any enforce- ment measures taken by third parties against the Reserved Goods or the claims assigned in advance and must provide CABKA with the documents necessary for an intervention. 6.8 As soon as the customer has discontinued payments or an ap- plication for the opening of insolvency proceedings against its assets has been filed, it shall be obligated to immediately send CABKA a list of the Reserved Goods subject to retention of title, even if they have been processed, and a list of the Supplier does not rescind or terminate claims to the contractthird-party debtors, together with copies of the invoice. For this case, the Customer hereby permits the Supplier irrevocably The cus- tomer grants CABKA an irrevocable right of access to collect all storage areas at any time in order to enable CABKA to take an inventory of the goods under re- tention of title immediately and to enter mark them if necessary. 6.9 The customer shall be obligated to adequately insure any prod- ucts co-owned or solely owned by CABKA against all material risks. The insurance coverage must be proven to CABKA upon its business request. 6.10 In the event of a default of payment by the customer, or in the event of a significant breach of duties of care and warehouse premises without hindrance for custody by the customer, CABKA shall have the right to repossess the products already delivered. 6.11 If CABKA asserts this purposeright (see section 6.10), it shall only be regarded as withdrawal from the contract if CABKA expressly declares such withdrawal in writing. 6.12 The customer shall bear the costs associated with the removal of products. After taking back In all other respects, irrespective of the goods under retention of titlecustomer's payment obligation, the Supplier is CABKA shall otherwise be entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility sell returned products by means of the Customer less appropriate utilization costsprivate contract or public auc- tion.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Retention of Title. 1. The Supplier retains title 6.1 CABKA reserves ownership in the products delivered to all goods delivered the cus- tomer until the full complete payment of all claims arising from the purchase price and all outstanding amounts resulting con- tractual relationship from the business relationshiprelationship between CABKA and the customer at the time of delivery or at a later time (hereinafter referred to as "Reserved Goods"). 2. 6.2 The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier customer shall be entitled to choose which security interest it wishes to releaseresell the Reserved Goods, as long as XXXXX does not revoke this authorization. 76.3 The customer shall not be permitted to engage in a pledge, trans- fer by way of security or assignment by way of security. 6.4 The customer shall be obligated to secure the rights of XXXXX as a conditional seller when reselling the Reserved Goods on its part. In The customer assigns the event claims of default the customer arising from the resale of the Reserved Goods in paymentadvance to CABKA; XXXXX accepts this assignment. 6.5 Notwithstanding the assignment and XXXXX'x right of collection, the Customer customer shall be entitled to collect as long as it fulfills its obligations with respect to CABKA and XXXXX'x claim to com- pensation is obliged not endangered. At CABKA's request, the customer must provide CABKA with the information required for the collec- tion of the assigned claims and must notify its debtors of the as- signment. 6.6 If the value of the collateral exceeds the claims of CABKA to sur- render be secured by more than 10%, CABKA shall be obligated, at its option, to release collateral to this extent at the goods request of the customer. 6.7 The customer must inform XXXXX immediately of any enforce- ment measures taken by third parties against the Reserved Goods or the claims assigned in advance and must provide CABKA with the documents necessary for an intervention. 6.8 As soon as the customer has discontinued payments or an ap- plication for the opening of insolvency proceedings against its assets has been filed, it shall be obligated to immediately send CABKA a list of the Reserved Goods subject to retention of title, even if they have been processed, and a list of the Supplier does not rescind or terminate claims to the contractthird-party debtors, together with copies of the invoice. For this case, the Customer hereby permits the Supplier irrevocably The cus- tomer grants CABKA an irrevocable right of access to collect all storage areas at any time in order to enable CABKA to take an inventory of the goods under re- tention of title immediately and to enter mark them if necessary. 6.9 The customer shall be obligated to adequately insure any prod- ucts co-owned or solely owned by CABKA against all material risks. The insurance coverage must be proven to CABKA upon its business request. 6.10 In the event of a default of payment by the customer, or in the event of a significant breach of duties of care and warehouse premises without hindrance for custody by the customer, XXXXX shall have the right to repossess the products already delivered. 6.11 If CABKA asserts this purposeright (see section 6.10), it shall only be regarded as withdrawal from the contract if CABKA expressly declares such withdrawal in writing. 6.12 The customer shall bear the costs associated with the removal of products. After taking back In all other respects, irrespective of the goods under retention of titlecustomer's payment obligation, the Supplier is CABKA shall otherwise be entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility sell returned products by means of the Customer less appropriate utilization costsprivate contract or public auc- tion.

Appears in 1 contract

Samples: Sales Contracts

Retention of Title. 1. The Supplier retains title to all goods delivered until the full payment of the purchase price and all outstanding amounts resulting from the business relationship. 2. The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 XIII No. 1 and XIII.2 XIII No. 2 if their realizable value exceeds the receivables to be se- cured secured by 20 10 %. The Supplier shall be entitled to choose which security secu- rity interest it wishes to release. 7. In the event of default in payment, the Customer is obliged to sur- render the goods subject to retention of title, even if the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility of the Customer less appropriate utilization costs.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Retention of Title. 1. The Supplier retains title to all goods delivered until the full payment ownership of the purchase price and purchased item until receipt of all outstanding amounts resulting from pay- ments under the business relationship. 2. The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignmentsdelivery contract. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goodsPurchaser acts in breach of contract, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7. In particular in the event of default in payment, the Customer is obliged Supplier shall be entitled to sur- render take back the goods subject to retention purchased item. The taking back of title, even if the purchased item by the Supplier does not rescind or terminate constitute a withdrawal from the contract, unless the Supplier has expressly declared this in writing. For this caseThe seizure of the purchased item by the Supplier shall always constitute a withdrawal from the contract; after taking back the purchased item, the Customer hereby permits Supplier shall be entitled to realise it; the realisati- on proceeds shall be set off against the Purchaser’s liabilities – less reasonable realisation costs. 2. The Purchaser is obliged to treat the purchased goods with care; in parti- cular, it is obliged to insure them at its own expense against damage by fire, water and theft at their replacement value. If maintenance and inspection work is required, the Purchaser must carry this out in good time at its own expense. 3. In the event of seizures or other interventions by third parties, the Purchaser shall immediately notify the Supplier irrevocably in text form so that the Supplier can take legal action in accordance with section 771 of the ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse the Sup- plier for the court and out-of-court costs of an action in accordance with section 771 ZPO, the Purchaser shall be liable for the loss incurred by the Supplier. 4. The Purchaser shall be entitled to resell the purchased item in the ordinary course of business; however, it hereby assigns to the Supplier all claims in the amount of the final invoice amount (including VAT) of the Supplier’s claim ac- cruing to it against its customers or third parties from the resale, irrespective of whether the purchased item has been resold without or after processing. The Purchaser shall remain authorised to collect this claim even after the assign- ment. The authority of the Supplier to collect the goods under re- tention claim itself remains unaffected by this. However, the Supplier undertakes not to collect the claim as long as the Purchaser meets its payment obligations from the proceeds collected, is not in default of title immediately payment and, in particular, no petition in bankruptcy or composition or insolvency proceedings has been filed or payments have not been suspen- ded. If this is the case, however, the Supplier may demand that the Purchaser informs the Supplier of the assigned claims and their debtors, provides all in- formation necessary for collection, hands over the relevant documents and in- forms the debtors (third parties) of the assignment. 5. The processing or transformation of the purchased item by the Purchaser shall always be carried out for the Supplier. If the purchased item is processed with other objects not belonging to enter its business and warehouse premises without hindrance for this purposethe Supplier, the Supplier shall acquire co- ownership of the new object in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed objects at the time of processing. After taking back The same applies to the goods object created by processing as to the purchased item delivered under retention of title. 6. If the purchased item is inseparably mixed with other objects not belonging to the Supplier, the Supplier shall acquire co-ownership of the new object in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed objects at the time of mixing. If the mixing takes place in such a way that the Purchaser’s item is to be regarded as the main item, it is hereby agreed that the Purchaser shall transfer proportionate co-ownership to the Sup- plier. The Purchaser shall hold the sole ownership or co-ownership thus created in safe custody for the Supplier. 7. The Purchaser shall also assign to the Supplier the claims to secure the Supplier’s claims against him which arise against a third party as a result of the connection of the purchased item with a plot of land. 8. The Supplier undertakes to release the securities to which it is entitled at the Purchaser’s request insofar as the realisable value of the Supplier’s securities exceeds the claims to utilize them as it so wishes. The proceeds from utilization be secured by more than 10%; the Supplier shall be credited responsible for selecting the securities to the lia- bility of the Customer less appropriate utilization costsbe released.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen

Retention of Title. 1. The Supplier retains title items pertaining to all goods delivered until the full Supplies (“Retained Goods”) for which the purchase price claim is due immediately or for which a payment period of up to and including 30 days after delivery, delivery with installation/assembly or receipt of invoice has been agreed for the due date of the purchase price and all outstanding amounts resulting from claim shall remain the business relationshipproperty of the Supplier until payment has been made in total. 2. The Customer is In all other cases, the items pertaining to the Supplies (“Retained Goods”) shall remain the Supplier’s property until each and every claim the Supplier has against the Purchaser on account of the business relationship has been fulfilled. If the combined value of the Supplier’s security interests exceeds the value of all secured claims by more than 20 %, the Supplier shall release a corresponding part of the security interest if so requested by the Purchaser; the Supplier shall be entitled to resale in the usual course of businesschoose which security interest it wishes to release. 3. For the event of further assignment duration of the goodsretention of title, the Customer already now Purchaser may not pledge the Retained Goods or use them as security, and resale shall be possible only for resellers in the ordinary course of their business and only on condition that the reseller receives payment from its customer or makes the transfer of property to the customer dependent upon the customer fulfilling its obligation to effect payment. 4. Should Purchaser resell Retained Goods, it assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments, already today, all claims it will have against its customers out of the resale, including any collateral rights and all balance claims, as security, without any subsequent declarations to this effect being necessary. If the retained goods Retained Goods are sold on to- gether together with other items and no individual price has been agreed with respect to the retained goodsRetained Goods, the Customer Purchaser shall assign to the Sup- plier Supplier such fraction of the total price claim as is attributable to the price of the retained goods Retained Goods invoiced by the Supplier. 3a) Purchaser may process, amalgamate or combine Retained Goods with other items. If payment Processing is made by cheque for Supplier. Purchaser shall store the new item thus created for Supplier, exercising the due care of a diligent business person. The new items are considered as Retained Goods. b) Already today, Supplier and Purchaser agree that if Retained Goods are combined or bill amalgamated with other items that are not the property of exchangeSupplier, Supplier shall acquire co-ownership in the new item in proportion of the value of the Retained Goods combined or amalgamated to the other items at the time of combination or amalgamation. In this respect, the Supplier re- tains title new items are considered as Retained Goods. c) The provisions on the assignment of claims according to No. 4 above shall also apply to the goods until new item. The assignment, however, shall only apply to the cheque has amount corresponding to the value invoiced by Supplier for the Retained Goods that have been cashed processed, combined or until amalgamated. d) Where Purchaser combines Retained Goods with real estate or movable goods, it shall, without any further declaration being necessary to this effect, also assign to Supplier as security its claim to consideration for the combination, including all collateral rights for the pro-rata amount of the value the combined Retained Goods have on the other combined items at the time of the combination. 6. Until further notice, Purchaser may collect assigned claims relating to the resale. Supplier is entitled to withdraw Purchaser’s permission to collect funds for good reason, including, but not limited to delayed payment, suspension of payment, start of insolvency proceedings, protest or justified indications for over indebtedness or pending insolvency of Purchaser. In addition, Supplier may, upon expiry of liability on an adequate period of notice disclose the part assignment, realize the claims assigned and demand that Purchaser informs its customer of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichmentassignment. 47. The pledging or assignment as security Purchaser shall inform the Supplier forthwith of goods subject to retention of title is not permitted; in the event of pledging, any seizure or similar in- terventions other act of intervention by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer Purchaser shall, without un- due undue delay, provide the Supplier with the information and/or documents Documents necessary to assert the claims it has against third partiesits customers. 58. Neither Where the filing of retention of title nor Purchaser fails to fulfill its duties, fails to make payment due, or otherwise violates its obligations the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7rescind the contract and take back the Retained Goods in the case of continued failure following expiry of a reasonable remedy period set by the Supplier; the statutory provisions providing that a remedy period is not needed shall be unaffected. In the event of default in payment, the Customer is The Purchaser shall be obliged to sur- render return the goods subject to Retained Goods. The fact that the Supplier takes back Retained Goods and/or exercises the retention of title, even if or has the Retained Goods seized, shall not be construed to constitute a rescission of the contract, unless the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility of the Customer less appropriate utilization costsexpressly declares.

Appears in 1 contract

Samples: General Terms and Conditions

Retention of Title. 1. The Supplier retains title to all goods delivered until the full payment ownership of the purchase price and delivery item until all outstanding amounts resulting claims of the Supplier against the Purchaser from the business relationship, including future claims, as well as from contracts conclu- ded at the same time or later, have been settled. This also applies if individual or all claims of the Supplier have been included in a current invoice and the balance has been drawn and recognised. If the Purchaser behaves contrary to the contract, in particular in the event of late payment, the Supplier is entitled to take back the delivery item after a reminder and the Purchaser is obligated to surrender the same. Due to the retention of title, the Supplier can only demand the delivery item if he has withdrawn from the contract. In the event of seizures or other interventions by third parties, the Purchaser must immediately notify the Supplier. 2. The Customer Purchaser is entitled to resale resell the delivery item in the usual ordinary course of business. For Xxxx- xxx, he already assigns to the event of further assignment Supplier all claims that arise from the resale against the Purchaser or against third parties. The Purchaser is authorised to collect these claims even after the assi- gnment. The Supplier‘s authority to collect the claims itself remains unaffected. The Supplier can then request that the Purchaser notify him of the goodsassigned claims and their debtors, provide all the Customer information necessary for collection, hand over the associated documents and notify the debtors of the assignment, unless the Supplier has already now assigns all claims against done so. If the purchaser delivery item is resold together with other goods that do not belong to the Supplier, the Purchaser‘s claim against the buyer in the amount of the delivery price agreed between the Supplier and the Purchaser is deemed to have been assigned. The Sup- plier accepts these assignments. If the retained goods are sold buyer defaults on to- gether with other items and no individual price his payment obligations to the supplier or • it is revoked, or • an application for the opening of insolvency proceedings has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplierfiled. 3. The Purchaser may neither pledge the delivery item nor assign it as security. 4. The Supplier is entitled to insure the delivery item against theft, breakage, fire, water and other damages at the expense of the Purchaser, unless the Purchaser has demonstrably taken out the insurance himself. 5. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of an alternate liability on the part of the Supplier arising from is established in connection with the bill payment of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions purchase price by third partiesthe Purchaser, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7. In the event of default in payment, the Customer is obliged to sur- render the goods subject to retention of title, even if including its agreed special forms, or other collaterals agreed to secure payment will not expire not before the Supplier does not rescind or terminate Purchaser redeems the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them change as it so wishes. The proceeds from utilization shall be credited to the lia- bility of the Customer less appropriate utilization costsa drawee.

Appears in 1 contract

Samples: Inland Orders

Retention of Title. 17.1. The Supplier retains We retain title to all and possession of goods delivered until the after full settlement of payment of all business transactions between RÖSLE GmbH & Co. KG and the purchase price and all outstanding amounts resulting from the business relationship. 2. The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3purchaser. If payment is made to be carried out by cheque bill of exchange explicit arrangements must be agreed beforehand. 7.2. The purchaser is permitted to sell wares subject to retention of title as long as the purchaser’s obligations to the Company are fulfilled. Wares may not be pawned or pledged as security. In case of stoppage of payment, refusal of cheques or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed start of insolvency proceedings or until the expiry out of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third partiescourt settlements, the Supplier is purchaser’s right to be notified immediately. If a reasonable interest can be proven, sell or use the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7. In the event of default in payment, the Customer is obliged to sur- render the goods wares subject to retention of title, even if is voided. Also excluded is the Supplier does not rescind or terminate authorisation to enforce an assigned monetary claim for the purpose of collection. 7.3. In case of breach of contract particularly concerning default in payment on the part of the purchaser, we retain the right to repossess goods that have been delivered. Repossession of goods by us is equivalent to cancellation of the contract. For this case, After repossession the Customer hereby permits Company is allowed exploitation rights and allowed to apply the Supplier irrevocably to collect recovered proceeds towards the goods under re- tention purchaser’s accounts payable after deduction of title immediately and to enter its business and warehouse premises without hindrance for this purposeappropriate processing costs. 7.4. After taking back the The purchaser assigns all claims from sales of goods under retention of titletitle to the Company and shall hold any monies received in trust and return them to the Company. We herewith accept any future assignment. 7.5. If case of seizure or claims by a third party, the Supplier purchaser is entitled obliged to utilize them as it immediately notify the Company in writing so wishesthat the Company can take legal action according to § 771 ZPO. The proceeds from utilization shall be credited In case the third party is not able to reimburse the lia- bility Company for incurred fees and costs for legal action according to § 771 ZPO, the purchaser is liable for these. 7.6. On purchaser’s request the Company will relinquish its right of retention of title on goods and not retain goods assigned by way of collateral the value of which exceed the sum of the Customer less appropriate utilization costsoutstanding monies by more than 10 %. Selection of goods for release will be at the Company’s discretion.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen

Retention of Title. 118.1 Goods shipped by the Supplier remain the Supplier's property until complete fulfillment of all Supplier claims from the entire business relationship with the Customer, in particular until the Customer has paid off the balance on account (extended reservation of title). 18.2 The Customer is obligated, at the Customer's own expense, to store, maintain and repair the goods supplied under retention of title and insure them against fire, water damage, break-in and theft. The Customer is obligat- ed to inform the Supplier without delay of damage to the property with retained title. Upon request, the Supplier will be given the insurance policy for inspection. The Customer transfers in advance all claims against the insurer under the insurance policy. The Supplier retains title accepts the transfer. If the Customer has not adequately insured the supplied object, the Supplier is authorized but not required to all goods delivered until insure the full payment of object at the purchase price and all outstanding amounts resulting from the business relationshipCustomer's expense. 2. 18.3 In case of seizures or other actions by third parties against the goods with retained title, the Customer will imme- diately inform the Supplier in writing. 18.4 The Customer is entitled to sell the goods with retained title within the framework of ordinary business as long as the Customer is not in arrears on payment. The goods with retained title must not be pledged or provided as se- curity. If there are receivables regarding the goods with retained title arising from resale or other legal founda- tion (in particular, transfer of title to the final customer, insurance claim, tort), the Customer transfers them even now to the Supplier in their entirety. The Supplier accepts the transfer. The Supplier authorizes the Customer, subject to revocation, to collect the receivables transferred to the Supplier in the usual course Customer's own name for the Supplier's account. If the Customer acts in breach of businesscontract – in particular, is in arrears on a payment claim – the Supplier can demand that the Customer reveal the transfer and provide the information and documents re- quired for collecting the claim. 18.5 If the Customer acts in breach of contract – in particular, is in arrears on a payment claim – after setting an ap- propriate deadline, the Supplier can demand return of the goods with retained title at the Customer's expense. For If the event of further assignment of Supplier repossesses the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as it is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising a withdrawal from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7. In the event of default in payment, the Customer is obliged to sur- render the goods subject to retention of title, even if the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the The Supplier is entitled to utilize them as it so wishessell the repos- sessed goods. The proceeds from utilization shall be credited the sale - minus appropriate selling costs - are applied to the lia- bility Customer's liabil- ity. 18.6 If the goods with title retained are combined with other objects, the retained title is passed on to the newly cre- ated product. The Supplier thereby gains a partial ownership share in the ratio of the value of the good with re- tained title (invoice value) to the value of the new product. If one of the joined items is considered the main product, the Customer less appropriate utilization coststransfers to the Supplier partial ownership in the ratio of the value of the good provided by the Supplier (invoice value) to the value of the new product. The Customer maintains the new product at no charge with regard to the Supplier's ownership share. If the good with retained title is resold as part of the new product, the advance transfer agreed on in accordance with No.

Appears in 1 contract

Samples: Allgemeine Lieferbedingungen

Retention of Title. 19.1 The goods will remain the property of Pronexos until all claims of any kind or nature whatsoever arising in connection with the contractual relationship between the Parties regarding the delivery have been completely satisfied. Pronexos may retake possession of the goods in the case of a breach of contract by the Customer and, in particular, in the case of arrears of payment. Repossession of the goods after delivery will not be considered to constitute rescission of the contract unless expressly stipulated otherwise in writing by Pronexos. Pronexos may dispose of goods in order to recover their value after repossession. An appropriate amount will be deducted from the proceeds of the sale to cover the cost of disposal and the remaining balance credited towards the amount the Customer owes to Pronexos. 9.2 The Supplier retains title Customer will treat the goods with all due care and will in particular insure the goods at its own expense against damage through fire or water and theft for an amount equal to all goods delivered until their stated value. In the full event any repair work or inspections are necessary, the Customer will have such work carried out on a timely basis at its own expense. 9.3 In the event of confiscation by or interference from a third party, the Customer must notify Pronexos accordingly without delay to enable Pronexos to initiate legal action. In the event such a third party is not in a position to reimburse Pronexos for court costs and extra-judicial expenses incurred in connection with proceedings, the Customer will be liable for payment of the purchase price and all outstanding amounts resulting from the business relationship. 2loss or shortfall incurred. 9.4 The Customer is entitled to resale may resell the goods in the usual ordinary course of business. For The Customer hereby assigns all receivables resulting from resale to its customers or other parties to Pronexos in an amount not to exceed the event total contractual amount (including value-added tax), regardless of whether the goods are resold after further assignment processing or without being processed. The Customer will retain the right to collect payment, but Pronexos may also collect payment itself. However, Pronexos agrees to refrain from collecting payment as long as the Customer satisfies its payment obligations in connection with proceeds received from the sale of the goods, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event arrears with any payments and is, in particular, not party to insolvency proceedings and has not suspended payment of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7its debts. In the event of default in paymentcases described above, Pronexos may, however, require that the Customer is obliged to sur- render disclose any assignment of receivables and the goods subject to retention of title, even if the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility names of the Customer less appropriate utilization costsrespective debtors, make available all information required for collection of such receivables and notify the debtors (third parties) of the assignment. 9.5 Alle Bearbeitungen oder Modifikationen an einem Liefergegenstand durch der Vertragspartner sind als im Auftrag von Pronexos durchgeführt zu erachten. Das Anwartschaftsrecht dem Vertragspartner an dem Liefergegenstand geht auf den bearbeiteten oder modifizierten Gegenstand über. Falls der Liefergegenstand zusammen mit anderen Gegenständen bearbeitet wird, die nicht Pronexos gehören, erhält Pronexos das Miteigentum an dem neuen Gegenstand entsprechend dem Verhältnis des objektiven Xxxxx des Liefergegenstands zum Wert der anderen in die Bearbeitung einbezogenen Gegenstände zum Zeitpunkt der Bearbeitung. Gleiches gilt für den neuen Gegenstand, der das Ergebnis der Bearbeitung des Liefergegenstands ist und für den der Eigentumsvorbehalt gilt. 9.6 Falls der Liefergegenstand untrennbar mit anderen Gegenständen vermischt wird, die nicht Pronexos gehören, erhält Pronexos das Miteigentum an dem neuen Gegenstand entsprechend dem Verhältnis des objektiven Xxxxx des Liefergegenstands zum Wert der anderen in die Vermischung einbezogenen Gegenstände zum Zeitpunkt der Vermischung. Sofern die Vermischung so erfolgt, dass der Gegenstand dem Vertragspartner als Hauptgegenstand zu erachten ist, wird vereinbart, dass der Vertragspartner ein anteiliges Miteigentum an Pronexos überträgt. Der Vertragspartner erhält das alleinige Eigentum oder das so im Auftrag von Pronexos erzeugte Miteigentum. 9.7 Als Sicherheit für die Forderungen von Pronexos gegenüber dem Vertragspartner überträgt der Vertragspartner zudem Pronexos die dem Vertragspartner entstehenden Forderungen gegenüber einer Drittpartei infolge der Verbindung des Liefergegenstands mit einer Immobilie.

Appears in 1 contract

Samples: General Terms and Conditions

Retention of Title. 1. The Supplier retains we reserve title to the delivered goods until all goods delivered until the full payment of the purchase price and all outstanding amounts resulting claims to which we are entitled from the business relationshiprelationship with our client, including interest, have been paid. 2. The Customer is entitled to resale the client may resell the reserved goods or services in the usual ordinary course of business. For The client hereby assigns to us all claims arising from a resale, including any securities, in the amount of our purchase price claim. In the event that the goods subject to retention of further title are sold together with other goods and services not belonging to us, the assignment of the goods, claims from the Customer already now assigns all claims against resale shall apply in the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction amount of the total price claim as is attributable to the price value of the retained goods invoiced by the Suppliersubject to retention of title. 3. If payment the customer is made by cheque or bill of exchangeentitled to collect claims from the resale until our revocation, the Supplier re- tains title which is permissible at any time. At our request, he is obliged to the goods until the cheque has been cashed or until the expiry of liability on the part inform his customers of the Supplier arising assignment made in our favor and to provide us with the information and documents required for collection. In addition, we are also entitled to disclose the assignment to our customers at the customer's expense. The assertion of the retention of title shall only be deemed a withdrawal from the bill of ex- change including a claim to bill of exchange enrichmentcontract if we expressly declare this in writing. 4. The the pledging or assignment as transfer by way of security of goods subject to retention of title to third parties is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7excluded. In the event of seizure, the client must expressly point out the retention of title and inform us immediately. 5. in the event of default in of payment, suspension of payment, application for composition or bankruptcy (insolvency application) by the Customer is obliged client or a creditor, we shall be entitled - without prejudice to sur- render the goods subject all further rights - to retention of title, even if the Supplier does not rescind or terminate the contract. For this case, the Customer hereby permits the Supplier irrevocably to collect the goods under re- tention of title immediately and to enter its business and warehouse premises without hindrance for this purpose. After taking take back the reserved goods under retention / services and dispose of title, the Supplier is entitled to utilize them as it so wisheselsewhere. The proceeds, less all expenses in connection with the realization, which we can invoice at 20% of the realization proceeds from utilization shall without special proof, unless the client proves a lower damage to us, will be credited to the lia- bility client for his total debt: any surplus will be paid out to the client. 6. 6. if the value of the Customer less appropriate utilization costssecurities to which we are entitled exceeds the total claim against the client by more than 20%, we shall be obliged to release securities of our choice at the client's request. The data collected in the course of the business relationship shall be processed in accordance with the German Federal Data Protection Act. The customer confirms that personal data transmitted by him or at the instigation of third parties are collected and processed in accordance with the relevant provisions of data protection, that any necessary consents of data subjects have been obtained and that the use of such data by TransformIT Europe GmbH within the scope of the order placed does not violate any of these provisions or exceed any consent given.

Appears in 1 contract

Samples: Event Registration Agreement

Retention of Title. 1. The Supplier retains title to all delivered goods delivered until the full payment and a copy of the purchase price documentation handed over to the Purchaser (hereinafter: Retained Goods) shall remain the property of the Supplier until each and all outstanding amounts resulting from every claim of the Supplier against the Purchaser on account of the business relationshiprelationship has been fulfilled. The rights of the Supplier with regard to copyright and intellectual property rights and/or neighbouring rights in accordance with Section I. 3. remain unaffected. If the combined value of all security interests accorded to the Supplier exceeds the value of all secured claims by more than 20 %, the Supplier shall release a corresponding part of the security upon request of the Purchaser. The election of the releasable security interest is reserved to the Supplier. 2. The Customer is entitled to resale in During the usual course period of business. For the event above retention of further assignment of the goodstitle, the Customer already now assigns all claims against the purchaser to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with Purchaser may not pledge nor make security transfers in respect to the retained goods, the Customer shall assign to the Sup- plier such fraction Retained Goods. Resale of the total price claim as is attributable to Retained Goods shall be permitted in the price ordinary course of business only and only on condition that the reselling Purchaser receives payment of the retained goods invoiced by Retained Goods or makes the Suppliertransfer of property of the Retained Goods to its customer dependent upon the customer fulfilling its obligation to make payment. 3. If payment is made In the event of attachment, seizure or any other act of intervention by cheque or bill of exchange, third parties the Purchaser shall notify the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichmentimmediately. 4. If the Purchaser fails to fulfil its duties, in particular in case of delay in payment, the Supplier shall be entitled to withdraw from the contract and claim the Retained Goods to be returned in the case of continued failure following the expiration of a reasonable time set by the Supplier; the statutory provisions pertaining to the dispensability to set a time limit remain unaffected. The pledging Purchaser shall be obliged to surrender the Retained Goods. 5. If the Purchaser processes, modifies, connects to or assignment mixes the Retained Goods with other goods which do not belong to the Supplier, it is agreed that this shall be done on behalf and for the account of the Supplier as security manufacturer, and the Supplier shall immediately acquire ownership at the full value of the new goods. If a third party remains co-owner of the produced goods, the Purchaser shall acquire co-ownership of the new goods based on the relation of the value of the products subject to retention of title is not permitted; in to the event goods processed, modified, connected or mixed at the time of pledgingthe processing, seizure modification, connection or similar in- terventions by third parties, the Supplier is to mixture. The new goods shall be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of considered as Retained Goods under above retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contracttitle. 6. The Purchaser shall transfer to the Supplier undertakesas security all its claims (including all balances from the current account) which result from the resale of the Retained Goods, at including the Customer’s requestproduced goods, to release full extent or partially corresponding to the securities to which value of the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds co-ownership of the receivables to be se- cured by 20 %produced goods. The Supplier shall be entitled to choose which security interest it wishes to releasehereby accepts the transfer of claims. 7. In The stipulations made in Section III. 4. shall apply correspondingly in respect to the event transferred claims. 8. The Supplier revocably authorizes the Purchaser to collect the transferred receivables assigned to the Supplier on behalf of default the Supplier in payment, the Customer is obliged to sur- render the goods subject to retention of title, even Purchaser’s own name. This authorization may be revoked only if the Supplier does not rescind Purchaser fails to meet its payment obligations, in case of arrears, in case of application for insolvency proceedings, or terminate for any other defect in the contractPurchaser’s performance. For In this case, the Customer hereby permits Supplier may require that the Supplier irrevocably to collect Purchaser discloses the goods under re- tention of title immediately transferred claims and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited their debtors to the lia- bility Supplier, to provide all necessary information to debt collection, hand over all relevant documents, and give the debtors notice of the Customer less appropriate utilization coststransfer of claims.

Appears in 1 contract

Samples: Terms and Conditions for Corporate Customers

Retention of Title. 115.1. The Supplier retains title to all goods delivered delivered, assembled or otherwise handed over by us shall remain our property until pay- ment has been made in full. 15.2. A resale shall only be permissible if we have been notified of such resale in good time in advance, stating the full payment name and address of the purchase price purchaser, and all outstanding amounts resulting from the business relationship. 2. The Customer is entitled to resale in the usual course of business. For the event of further assignment of the goods, the Customer already now assigns all claims against the purchaser if we con- sent to the Supplier. The Sup- plier accepts these assignments. If the retained goods are sold on to- gether with other items and no individual price has been agreed with respect to the retained goods, the Customer shall assign to the Sup- plier such fraction of the total price claim as is attributable to the price of the retained goods invoiced by the Supplier. 3. If payment is made by cheque or bill of exchange, the Supplier re- tains title to the goods until the cheque has been cashed or until the expiry of liability on the part of the Supplier arising from the bill of ex- change including a claim to bill of exchange enrichment. 4. The pledging or assignment as security of goods subject to retention of title is not permitted; in the event of pledging, seizure or similar in- terventions by third parties, the Supplier is to be notified immediately. If a reasonable interest can be proven, the Customer shall, without un- due delay, provide the Supplier with the information and/or documents necessary to assert the claims it has against third parties. 5. Neither the filing of retention of title nor the pledging of goods by the Supplier is deemed to be a rescission or termination of the contract. 6. The Supplier undertakes, at the Customer’s request, to release the securities to which the Supplier is entitled pursuant to clauses XIII.1 and XIII.2 if their realizable value exceeds the receivables to be se- cured by 20 %. The Supplier shall be entitled to choose which security interest it wishes to release. 7sale. In the event of default our consent, the pur- chase price claim of the business costumer shall already now be deemed to have been transferred to us. 15.3. Until full payment of the remuneration or purchase price has been made, the customer shall note this trans- fer in paymenthis books and on his invoices and draw the atten- tion of his debtors to it. Upon request, he shall provide the Contractor with all documents and information necessary for the assertion of the assigned claims and receivables. 15.4. If the Customer is obliged in default of payment, we shall be entitled to sur- render demand the return of the Retained Goods after setting a reasonable grace period. We may only ex- ercise this right towards consumers as customers if at least one outstanding payment of the consumer has been due for at least six weeks and we have unsuccess- fully issued a reminder threatening this legal conse- quence and setting a grace period of at least two weeks. 15.5. The customer shall notify us without delay prior to the opening of bankruptcy proceedings against his as- sets or the seizure of our reserved goods. 15.6. The customer declares his express consent that we may enter the location of the reserved goods in order to assert our reservation of title. 15.7. The customer shall bear any costs necessary and reasonable for the appropriate prosecution. 15.8. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is ex- pressly declared. 15.9. We shall be entitled to dispose of the goods subject sub- ject to retention of title, even if title that have been taken back in the Supplier does not rescind or terminate best possible way and on the contractopen market towards busi- ness costumers. 15.10. For this caseUntil full payment of all our claims, the Customer hereby permits object of performance/purchase may not be pledged, transferred by way of security or otherwise encumbered with the Supplier irrevocably rights of third parties. In the event of seizure or other claims, the customer shall be obliged to collect the goods under re- tention point out our right of title immediately ownership and to enter its business and warehouse premises without hindrance for this purpose. After taking back the goods under retention of title, the Supplier is entitled to utilize them as it so wishes. The proceeds from utilization shall be credited to the lia- bility of the Customer less appropriate utilization costsnotify us immediately.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen