Safeguarding Reservation of Title Musterklauseln

Safeguarding Reservation of Title. (a) We reserve ownership of the purchased item until all payments from the business relationship with the customer have been received. If the customer behaves in breach of contract, we are entitled to withdraw from the purchase contract and then take back the purchased item. (b) During the existing retention of title, the customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense. (c) In the event of attachments or other interventions by third parties, the customer must inform us immediately in writing so that we can file a suit in accordance with § 771 ZPO. Insofar as the third party is not able to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss incurred by us. (d) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that accrue to him from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect these claims even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim if the customer meets his payment obligations to us, does not default on payment and no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. (e) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the rest, the same applies to the item created by processing as to the purchased item delivered subject to reservation. (f) ...