Common use of Retention of Title Clause in Contracts

Retention of Title. We reserve title to the object of delivery until receipt of all payments from the contract. If the event of conduct by the contracting party in breach of the contracts, in particular in arrears in payment, we shall be entitled to take the object of delivery back; the purchaser shall be obliged to return it. To the extent that the provisions of the German Civil Code concerning consumers’ loans are not applicable, taking back the object of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedings. In commercial dealings, we reserve title to the object of delivery until receipt of all payments from the business relationship with the contracting party. The retention of title shall then also extend to the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting party is entitled to resell the object of delivery in the ordinary course of business; however, it here and now assigns all claims to the amount of the final invoice amount (including VAT) accruing to it against its customers or third parties from the resale to us, this being independent of whether the object of delivery has been resold without or following further processing. The contracting party shall remain entitled to collect this receivable after the assignment. Our authorization to collect the claim ourselves shall remain unaffected; however, we undertake not to collect the receivable as long as the contracting party properly complies with its payment obligations and is not in arrears with payment. However, if this is the case, we can then demand that the contracting party notifies us of the assigned claims and their debtors, gives all the information necessary for the collection, hands over the pertinent documents and notifies the debtors (third parties) of the assignment. Processing or re-shaping of the object of delivery by the contracting party shall always be done on our behalf. If the object of delivery is processed with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other processed objects at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commodities. If the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to be regarded as the main object, it shall be deemed agreed that the purchaser assigns co-ownership to us pro rata. The contracting party shall keep the ownership or the co-ownership on our behalf. We undertake to release the securities accruing to us by request of the contracting party to the extent that the value of our securities exceeds the claims to be secured by more than 20%. In commercial dealings, the goods in our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention of title. The rights from this insurance shall be assigned to us. We accept this assignment.

Appears in 1 contract

Samples: General Terms and Conditions

Retention of Title. (1) All goods that we deliver shall remain our property until such time when all outstanding accounts from the customer have been settled. We reserve title the right to the object of delivery until receipt of all payments from the contract. If the event of conduct by the contracting party in breach of the contracts, in particular in arrears in payment, we shall be entitled exercise our legal right and to take the object of delivery sale back for every action that is contrary to the terms of the contract, in particular, default of payment. We are authorised to utilize the objects of sale after we have taken them back; the purchaser proceeds are to be credited to the customers account - minus fair costs of utilization. (2) The customer shall be obliged to return it. To the extent that the provisions inform us immediately in writing of the German Civil Code concerning consumers’ loans are not applicable, taking back the object any levies of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and execution or other interventions by of a third parties, the contracting party shall notify us in writing without delayparty, so that we can initiate proceedings according to submit a claim in accordance with § 771 German Code of Civil ProceedingsZPO. In commercial dealings, we reserve title to If the object of delivery until receipt of all payments from the business relationship with the contracting party. The retention of title shall then also extend to the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting third party is entitled unable to resell reimburse us for the object legal and extrajudicial costs of delivery such a suit, the customer shall be liable for any loss. (3) The customer is authorised to sell the goods to a third party in the ordinary normal course of business; however, it here and as of now assigns all claims he already cedes to us his claim to receive payment resulting from the amount of resale to a third party for the final total invoice amount (including VAT) accruing to it against its customers or third parties from the resale to us), this being independent regardless of whether or not the object of delivery sale has been resold without after work has been done on it or following further processingwith it. The contracting party shall remain entitled Although the customer has ceded his claim to collect this receivable after the assignment. Our authorization receive payment to us he still remains empowered to collect the claim debt from the third party. Our authorisation to collect the debt ourselves shall remain unaffected; howeverremains unaffected by this. However, we undertake obligate ourselves not to collect the receivable as long as debt if the contracting party properly complies with its payment obligations and customer fulfils his obligation to pay from the sale, if he is not in arrears with default of payment, and especially if no request for a bankruptcy procedure has been filed, or if no cessation of payments is at hand. However, if this any of the above is in fact the case, we can then have the right to demand that the contracting party notifies us of customer makes the assigned claims ceded debts and their debtors, gives debtors known to us and provides us with all the information necessary for details and documents. (4) Any work on or modifications to the collection, hands over the pertinent documents and notifies the debtors (third parties) of the assignment. Processing or re-shaping of the object of delivery sold goods by the contracting party shall customer is always be done on our behalffor us. If the object of delivery is goods are processed with objects other items that are not belonging to from us, we shall acquire co-the right of co- ownership of the new object in object. The proportion of our right of co-ownership shall be equal to the ratio of the value of the object of delivery sold goods to the other processed objects items making up the new item at the time of the processingmanufacturing. In addition, The item resulting from this manufacturing that contains our goods is otherwise subject to the same shall apply to the object originating from the processing reservations as for the conditional commodities. If the object of delivery is inseparably combined or blended with objects not belonging to us, we sale. (5) We shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects release securities at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to be regarded as the main object, it shall be deemed agreed that the purchaser assigns co-ownership to us pro rata. The contracting party shall keep the ownership or the co-ownership on our behalf. We undertake to release the securities accruing to us by request of the contracting party customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%. In commercial dealings, the goods in our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term % of the retention of title. The rights from this insurance shall be assigned actual debts; it is our decision to us. We accept this assignmentchoose which securities we release.

Appears in 1 contract

Samples: Allgemeine Verkaufsbedingungen

Retention of Title. We reserve title 3.1. All goods remain our property until all our current and future claims arising from the purchase and any current business relationship have been fulfilled, and the payment documents issued for this purpose, including acceptors and finance bills, have been finally honored. 3.2. the goods delivered by us to the object customer under reservation of delivery title may not be assigned or pledged to third parties as security before full payment of the purchase price. The purchaser must notify us immediately in writing if an application is made to open insolvency proceedings or insofar as third parties (e.g. seizures) have access to the goods belonging to us. 3.3. The customer is entitled – until receipt further notice - to dispose of all payments the purchased goods only in the ordinary course of business under his normal terms and conditions and as long as he is not in default, provided that the claims from the contract. If the event of conduct by the contracting party in breach of the contracts, in particular in arrears in payment, we shall be entitled resale are transferred to take the object of delivery back; the purchaser shall be obliged to return it. To the extent that the provisions of the German Civil Code concerning consumers’ loans are not applicable, taking back the object of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedingsaccordance with No. In commercial dealings, we reserve title to the object of delivery until receipt of all payments from the business relationship with the contracting party5. 3.4. The retention of title shall then also extend extends to the acknowledged balanceproducts created by processing and mixing or combining our goods at their full value, whereby BTC Engineering shall be deemed to be the extent that we book claims against the contracting party onto current account manufacturer (reservation of current account)§ 950 BGB) without being obliged accordingly. The contracting party is entitled to resell the object of delivery If in the ordinary course case of business; howeverprocessing, it here and now assigns all claims to the amount mixing or combining with goods of the final invoice amount (including VAT) accruing to it against its customers or third parties from the resale to us, this being independent their right of whether the object of delivery has been resold without or following further processing. The contracting party shall remain entitled to collect this receivable after the assignment. Our authorization to collect the claim ourselves shall remain unaffected; however, we undertake not to collect the receivable as long as the contracting party properly complies with its payment obligations and is not in arrears with payment. However, if this is the case, we can then demand that the contracting party notifies us of the assigned claims and their debtors, gives all the information necessary for the collection, hands over the pertinent documents and notifies the debtors (third parties) of the assignment. Processing or re-shaping of the object of delivery by the contracting party shall always be done on our behalf. If the object of delivery is processed with objects not belonging to usownership remains, we shall acquire co-ownership in proportion to the invoice values of the new object processed goods. 3.5. The buyer hereby assigns to us by way of security the claims against third parties arising from resale or processing in total or in the ratio amount of any co-ownership share (No. 3). He is authorised to collect these claims for our account until our revocation or until his payments to us have ceased. The buyer is also not authorised to assign these claims for the purpose of debt collection by way of factoring, unless the obligation of the factor is established at the same time to effect the counter-performance in the amount of our share of the claim directly to us for as long as there are claims on our part against the buyer. 3.6. The exercise of the retention of title does not imply withdrawal from the contract. 3.7. If the customer defaults on payment or fails to meet his obligations under the contract, we may demand the return of the goods and, after giving at least written notice and a reasonable period of time, sell the goods at the best possible price by private sale, taking into account the proceeds of the sale against the purchase price, or set them off against market or purchase values less reasonable processing costs. 3.8. The goods and the claims replacing them may not be pledged to third parties or assigned or transferred by way of security before our claims have been paid in full. 3.9. If the value of the object of delivery to the other processed objects at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commodities. If the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to be regarded as the main object, it shall be deemed agreed that the purchaser assigns co-ownership to us pro rata. The contracting party shall keep the ownership or the co-ownership on our behalf. We undertake to release the securities accruing to us by request of the contracting party to the extent that the value of our securities exceeds the our claims to be secured by more than 20%. In commercial dealings, we shall release securities of our choice to this extent at the goods in our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention of title. The rights from this insurance shall be assigned to us. We accept this assignmentcustomer's request.

Appears in 1 contract

Samples: General Terms and Conditions

Retention of Title. We reserve title to 8.1. Items supplied by us shall remain our property until the object of delivery customer has paid for the parts concerned. 8.2. Items delivered by us shall remain our property until receipt of the customer has paid all payments claims arising from the contractbusiness relationship. This also applies to claims that only arise after delivery of the reserved goods. 8.3. Parts delivered by us to a company in the customer's group of companies shall remain our property until all claims arising from de- liveries to other companies in the group of companies have also been paid. This also applies to claims that only arise after delivery of the reserved goods. If we have concluded a framework agreement with the customer, the retention of title shall in any case also apply to claims against those companies to which the framework agreement applies. 8.4. If the event of conduct by the contracting party in breach of the contracts, in particular in arrears in customer defaults on payment, we shall be entitled to take the object of delivery back; the purchaser shall be obliged to return it. To the extent that the provisions immediate possession of the German Civil Code concerning consumers’ loans are not applicablegoods subject to retention of title. For this purpose, taking back the object customer hereby grants us the right to enter his com- pany premises and his business premises; if there is no free access, the customer shall open them to us upon request. The customer waives the rights arising from §§ 859, 861 I, 862 BGB. Our demand for the return of the delivery pledged goods or collateral property shall not portray only con- stitute a withdrawal from the contractcontract if we expressly declare our with- drawal. We shall be entitled to utilize the item taken back, unless in particular to sell it in the open market; we have expressly declared this in writing. In shall offset the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedings. In commercial dealings, we reserve title to the object of delivery until receipt of all payments proceeds from the business relationship with utilization, less the contracting partyutilization costs, against the outstanding claims. 8.5. The customer may only resell the parts subject to retention of title shall then also extend to the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting party is entitled to resell the object of delivery in the ordinary course of business; however. However, it here and now assigns the customer hereby as- signs to us by way of security all future claims to the amount of the final invoice amount (including VAT) accruing to it against its his customers or third parties arising from the resale to us, this being independent until all claims on our part have been settled. The assignment shall take place irrespective of whether the object of delivery has been resold without customer processes the goods or following further processingnot. The contracting party customer shall remain entitled authorized to collect this receivable claim even after the assignment. Our authorization to col- lect the claim ourselves remains unaffected. However, we shall not collect the claim ourselves shall remain unaffected; however, we undertake not to collect the receivable as long as the contracting party properly complies with its payment obligations and customer is not in arrears with default of payment. However, if this is If the casecustomer defaults on payment, we can then may demand that the contracting party notifies he informs us of the assigned claims and their respective debtors, gives provides all the information necessary for the collection, hands over the pertinent documents relevant docu- ments to us and notifies informs the debtors (third parties) of the assignment. Processing or re-shaping of the object of delivery by the contracting party shall always be done on our behalf. 8.6. If the object customer processes or transforms the reserved goods, the processing or transformation shall be carried out for us. The item cre- ated by processing or transformation shall also be deemed to be re- served goods. In the event of delivery is processing or transformation with other items not owned by us, we shall be entitled to co-ownership of the new item in the amount of the share resulting from the ratio of the value of the processed or transformed reserved goods to the value of the new item. The customer shall hold the resulting ownership or co- ownership for us. 8.7. If the reserved goods are inseparably mixed or combined with objects other movable items not belonging to us, we shall acquire co-ownership owner- ship of the new object item in the ratio of the value of the object of delivery reserved goods to the other processed objects mixed or combined items at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commoditiesmixing or combining. If the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending mixing or combination has been done takes place in such a way that the contracting party’s object cus- tomer's item is to be regarded as the main objectitem, it shall be deemed is agreed that the purchaser assigns customer shall transfer co-ownership to us on a pro ratarata basis. The contracting party customer shall keep hold the ownership sole or the co-ownership thus created on our behalfbe- half. 8.8. We undertake to release If the realizable value of the securities accruing to us by request of the contracting party to the extent that which we are entitled exceeds the value of our securities exceeds the claims to be secured by more than 2010%. In commercial dealings, we undertake to release securities of our choice to the goods in our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention of title. The rights from this insurance shall be assigned to us. We accept this assignmentcustomer.

Appears in 1 contract

Samples: Allgemeine Geschäftsbedingungen

Retention of Title. We reserve 7.1 The goods sold shall remain our property until all of the claims arising from our business relationship have been satisfied (‘goods subject to retention of title’). 7.2 Until the secured claim has been paid in full, the customer may only dispose of goods subject to retention of title with our prior consent. The customer shall promptly inform us in text form 7.3 If goods subject to retention of title are treated or processed by the customer, our retention of title shall extend to the object of delivery until receipt of all payments from the contractnew item in its entirety. If the event of conduct by the contracting customer processes, combines or mixes such goods with third-party in breach of the contracts, in particular in arrears in paymentproducts, we shall acquire 7.4 If the customer combines or mixes goods subject to retention of title with a main item belonging itself, the customer hereby transfers its rights in the resulting new item to us. If the custo- mer combines or mixes goods subject to retention of title with a main item belonging to a third party for a fee, the customer hereby assigns us its compensation claims against the third party. We accept the assignment. 7.5 The customer shall be entitled to take the object of delivery back; the purchaser shall be obliged resell goods subject to return it. To the extent that the provisions of the German Civil Code concerning consumers’ loans are not applicable, taking back the object of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedings. In commercial dealings, we reserve title to the object of delivery until receipt of all payments from the business relationship with the contracting party. The retention reten- tion of title shall then also extend to the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting party is entitled to resell the object of delivery in the ordinary course of business; however. If the customer sells goods subject to retention of title without receiving the full purchase price, it here shall agree to retention of title with its buyer, which reflects the obligations that bind the customer. The customer hereby assigns to us its claims based on any such resale and now assigns all claims its rights under the retention of title agreed-upon by the customer. We accept the assignment. At our request, the customer shall be obliged to inform the amount buyer of the final invoice amount (including VAT) accruing assignment and to it provide us with the information and documentation necessary to assert our rights against its customers or third parties from the resale to us, this being independent of whether the object of delivery has been resold without or following further processingcustomer’s buyer. The contracting party customer shall remain be entitled to collect this receivable after its claims based on the resale, despite the assignment. Our authorization to collect the claim ourselves shall remain unaffected; however, we undertake not to collect the receivable as long as the contracting party properly complies with customer proper- ly meets its payment obligations and is not in arrears with payment. However, if this is the case, we can then demand that the contracting party notifies us of the assigned claims and their debtors, gives all the information necessary for the collection, hands over the pertinent documents and notifies the debtors (third parties) of the assignment. Processing or re-shaping of the object of delivery by the contracting party shall always be done on our behalf. If the object of delivery is processed with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of . 7.6 If the value of the object of delivery to the other processed objects at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commodities. If the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to be regarded as the main object, it shall be deemed agreed that the purchaser assigns co-ownership to us pro rata. The contracting party shall keep the ownership or the co-ownership on collateral exceeds our behalf. We undertake to release the securities accruing to us total claims by request of the contracting party to the extent that the value of our securities exceeds the claims to be secured by more than 20%. In commercial dealings, the goods in our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention of title. The rights from this insurance shall be assigned to us. We accept this assignment.more

Appears in 1 contract

Samples: Sales Contracts

Retention of Title. We reserve title to the object of delivery 1) The goods supplied by us shall remain our property until receipt of all payments from the contract. If the event of conduct by the contracting party in breach of the contracts, in particular in arrears in payment, we shall be entitled to take the object of delivery back; the purchaser shall be obliged to return it. To the extent that the provisions of the German Civil Code concerning consumers’ loans are not applicable, taking back the object of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedings. In commercial dealings, we reserve title to the object of delivery until receipt of has discharged all payments claims from the business relationship with the contracting party. (including any outstanding receivables from current accounts, as well as from refinancing or reverse bills). 2) The retention of title shall then also extend to the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting party purchaser is entitled to resell the object of delivery goods in the ordinary course of business; however. However, it here and now assigns the purchaser cedes to us all claims to the amount of the final invoice amount (including VAT) accruing to it which he acquires against its his customers or third parties from resale up to the resale to uslevel of the final gross invoice amount (inc. VAT) of our claim, this being independent irrespective of whether the object of delivery has been purchased item was resold without processing or following further after processing. We hereby accept the cession. The contracting party shall remain entitled purchaser is authorised to collect this receivable claim after the assignment. Our authorization authority to collect the claim ourselves shall remain remains unaffected; however. However, we undertake not to collect the receivable as long as claim, provided that the contracting party properly complies with its purchaser fulfils his payment obligations from the proceeds, does not default on payment and, in particular, no application to open settlement or insolvency proceedings has been made and there is not in arrears with no cessation of payment. However, if If this is the case, however, we can then may demand that the contracting party notifies purchaser informs us of the assigned claims and their debtors, gives provides all the information necessary for the their collection, hands over the pertinent documents submits all associated documentation and notifies informs the debtors (i.e. the third parties) of the assignment. Processing . 3) The processing or re-shaping transformation of the object of delivery goods by the contracting party shall purchaser is always be done on our behalf. In this case, the expectant right of the ordering party to the goods shall continue for the altered object. If the object of delivery is goods are processed with other objects not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the goods (gross end amount including VAT) to the other processed objects at the time of processing. The same otherwise applies to the item resulting from the processing as does to the goods conditionally delivered by us. If the goods are inseparably mixed with other items that do not belong to us, we shall acquire co-ownership of the new object item in the ratio of the value of the object of delivery goods (gross end amount including VAT) to the other processed objects mixed items at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commoditiesmixing. If mixing is carried out in such a way that the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to purchaser can be regarded as the main object, it shall be deemed is agreed that the purchaser assigns shall assign co-ownership to us pro rataon a pro-rata basis. The contracting party purchaser shall keep the ownership solely owned or the co-ownership on our behalf. We owned object in safe custody for us. 4) At the request of the purchaser, we undertake to release the securities accruing to us by request of which we are entitled insofar as the contracting party to the extent that the realisable value of our securities exceeds the claims to be secured by more than 20%. ; we shall be responsible for selecting which securities to release. 5) In commercial dealingsthe case of third-party access to our conditional goods, the goods in purchaser shall undertake to point out our ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention of titleto inform us without any delay. The rights from this insurance purchaser shall be assigned to us. We accept this assignmentbear the costs of intervention.

Appears in 1 contract

Samples: General Terms and Conditions

Retention of Title. We reserve title to 1. The delivered goods remain our property until the object of delivery until receipt fulfilment of all payments claims arising from the contractconcrete order. If We retain title until the event of conduct by the contracting party in breach of the contracts, in particular in arrears in payment, we shall be entitled to take the object of delivery back; the purchaser shall be obliged to return it. To the extent that the provisions of the German Civil Code concerning consumers’ loans are not applicable, taking back the object of the delivery shall not portray withdrawal from the contract, unless we have expressly declared this in writing. In the event of pledging and other interventions by third parties, the contracting party shall notify us in writing without delay, so that we can initiate proceedings according to § 771 German Code of Civil Proceedings. In commercial dealings, we reserve title to the object of delivery until receipt fulfilment of all payments claims due to us from the business relationship with the contracting partycustomer for any legal reason. 2. The retention of title shall then also extend customer is obliged to sell the acknowledged balance, to the extent that we book claims against the contracting party onto current account (reservation of current account). The contracting party is entitled to resell the object of delivery reserved goods only in the ordinary course of business; however, business at its normal terms and conditions of business as long as it here and now assigns all claims is not in arrears. It may resell the reserved goods only to the amount of degree that the final invoice amount (including VAT) accruing to it against its customers or third parties claim from the resale is passed on to us according to the following Items 3-5. It may not use the reserved goods in another manner. 3. The customer assigns its claims from the resale of reserved goods to us now, regardless of whether the reserved goods are to be sold to one or more buyers. The customer is entitled to collect the assigned claims from a resale until we revoke this right, which may occur at any time. The customer not entitled to assign the claim in any case. 4. Upon our demand, the customer is obliged - insofar as we do not tell its buyers ourselves - to inform the buyer immediately that it has assigned the claims to us, this being independent of whether to prove to us that it has informed the object of delivery has been resold without or following further processing. The contracting party shall remain entitled buyer, and to collect this receivable after send us any information and documents required for the assignment. Our authorization to collect the claim ourselves shall remain unaffected; however, we undertake not to collect the receivable as long as the contracting party properly complies with its payment obligations and is not in arrears with payment. However, if this is the case, we can then demand that the contracting party notifies us collection of the assigned claims and their debtors, gives all the information necessary for the collection, hands over the pertinent documents and notifies the debtors (third parties) of the assignmentclaimed. 5. Processing or re-shaping of the object of delivery by the contracting party shall always be done on our behalf. If the object of delivery is processed with objects not belonging to usUpon customer demand, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other processed objects at the time of the processing. In addition, the same shall apply to the object originating from the processing as for the conditional commodities. If the object of delivery is inseparably combined or blended with objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of delivery to the other combined or blended objects at the time of the combination or blending. If the blending or combination has been done such that the contracting party’s object is to be regarded as the main object, it shall be deemed agreed that the purchaser assigns co-ownership to us pro rata. The contracting party shall keep the ownership or the co-ownership on our behalf. We undertake are obliged to release the securities accruing to us by request of the contracting party to the extent that the when their realizable value of exceeds our securities exceeds the claims to be secured claim by more than 20%. We reserve the right to select which securities are released. 6. The purchaser is obliged to inform us of an attachment of a claim or other impairment by third parties immediately. If the customer does not meet a payment deadline or violates any other contractual agreements or if circumstances become known to us, which are suited to reduce the customer‘s creditworthiness, we are entitled to forbid the resale of reserved goods, to demand their return or the granting of direct ownership on the cost of the customer, or, if the goods were already sold, but is completely or partially not yet paid, demand payments directly from the customer‘s buyer. 7. If the customer comes into arrears, we retain the right to reclaim the goods and sell them elsewhere on the open market, as well as assume the transfer of third-party claims and collect the claims ourselves. The customer must allow us entry to its premises so that we can recover our goods. 8. The demand for the return of the goods is not considered a rescindment of the contract. We are entitled to use the reserved goods and pay them off to settle the open claims from their proceeds. We are entitled to charge the customer a flat rate sum of 30% of the gross sum issued on the invoice to cover damages. This will be reduced to 25% if the goods are returned in their original packaging. The customer is entitled to prove that the damages were not incurred at all or to the amount of the applicable percentages. 9. The customer is further obliged to insure the reserved goods and is responsible, in accordance with good business practices, to assign us any insurance or compensation claims due to the perishing or deterioration of the reserved goods. 10. In commercial dealingsthe case of § 947 Section 2 BGB (German Civil Code), the goods in our customer transfers the ownership shall be insured by the contracting party against water, theft and breaking and entering during the term of the retention product to us in advance in the relation of titlethe material values under agreement of the free storage relationship. The rights from this insurance shall This product is thus also considered to be assigned to us. We accept this assignmentreserved goods.

Appears in 1 contract

Samples: Allgemeine Verkaufs Und Lieferbedingungen