PROPERTY AND RISK. 5.3.1 Unless otherwise agreed in writing, the Equipment and/or Leased Equipment shall at all times remain the property of Digital Origin or, if provided by a Service Provider, that Service Provider.
5.3.2 The Equipment and/or Leased Equipment shall be at the Client’s risk from the moment of Delivery or deemed Delivery (as described in condition 5.1.4) whether or not property in the Equipment and/or Leased Equipment has passed or payment or part payment made, and thereafter the Client shall be responsible for insuring the Equipment and/or Leased Equipment for its full replacement value.
5.3.3 Notwithstanding Delivery and the passing of risk, the property and the legal and beneficial title in the Leased Equipment supplied under the Contract shall not pass to the Client until the end of the Minimum Term, at which point Digital Origin shall have the discretion whether to transfer full title to the Leased Equipment to the Client or not. Until Digital Origin has received in cash or cleared funds payment in full for the Leased Equipment and Installation Services (where applicable) and all other equipment and/or services agreed to be sold by Digital Origin to the Client for which payment is then due, title shall not transfer to the Client. For the avoidance of doubt, the property and the legal and beneficial title in the Switching Equipment shall not pass to the Client in any circumstances.
5.3.4 Until such time as the property in the Equipment and/or Leased Equipment has passed to the Client, the Client shall hold such Equipment and/or Leased Equipment as Digital Origin’s fiduciary agent and bailee, and keep such Equipment and/or Leased Equipment properly stored, protected and insured and identified as being Digital Origin’s property until title passes. Until such time as the property in the Equipment and/or Leased Equipment passes to the Client, Digital Origin shall be entitled at any time to require the Client (at the Client’s cost) to deliver up the Equipment and/or Leased Equipment to Digital Origin to its nominated location and, if the Client fails to do so forthwith, to enter upon any premises of the Client or any third party where the Equipment and/or Leased Equipment is stored and repossess such Equipment and/or Leased Equipment.
5.3.5 Title to the Equipment will pass to the Client once Digital Origin has received in cash or cleared funds payment in full for the Equipment and Installation Services (where applicable).
5.3.6 The Client shall not, without th...
PROPERTY AND RISK. 7.1 Risk in each Element of the Contracted Services shall pass to the Customer upon delivery to the Site.
PROPERTY AND RISK. (a) Unless otherwise stated, the risk in the goods shall pass to the Buyer when the goods leave the Seller's works, but the goods shall remain the property of the Seller until paid for in full and the Buyer shall hold the goods on trust for the Seller until payment is made in full for all moneys owing by the Buyer to the Seller.
(b) From the time the goods leave the Seller’s works until property in the goods passes to the Buyer in accordance with Condition 7 (a), the Buyer shall insure the goods to their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Seller’s interest in the goods noted on the insurance policy, Until property in the goods passes to the Buyer, the Buyer shall hold the proceeds of any claim ion such insurance policy on trust for the Seller an shall forthwith account to the Seller with such proceeds.
(c) If any of the goods are incorporated in or used as material for other goods along with other property belonging to the Buyer before such payment is made to the Seller, the property in the whole of such goods and other goods shall be and remain with the Seller until such payment has been made and all the Seller's rights hereunder in or in relation to the goods shall extend to those other goods. This shall be so whether such goods have remained with the Buyer or have been delivered onwards to a customer or agent of the Buyer.
(d) The Buyer shall, until such payment is made to the Seller, store the goods separately and such as to make clear that they remain the property of the Seller.
(e) All goods held by the Buyer following delivery must be stored and protected correctly. All goods supplied must be stored within a weatherproof building.
(f) Before title has passed to the Buyer and without prejudice to any of its other rights the Seller shall have the right at any time to recover and resell the goods or any of them.
(g) The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon all or any of the Buyer’s premises with or without vehicles during normal business hours for the purpose of inspecting and /or repossessing goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these Terms and Conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise
PROPERTY AND RISK. 7.1 Property and risk in the Goods shall without prejudice to any of the rights or remedies of the Purchaser pass to the Purchaser at the time of delivery.
PROPERTY AND RISK. Subject only to clause 13 (Free Issue Materials) property and risk in Goods supplied under the Contract shall remain with the Seller until they are delivered to and signed for as accepted by VICTREX provided that if the Goods are subsequently rejected by VICTREX for any reason whatsoever and whether or not VICTREX is entitled to do so in accordance with the terms herein property and risk in the Goods shall revert to the Seller.
PROPERTY AND RISK. 6.1 Property to and risk in the Goods shall pass to the Purchaser when the Goods have been delivered to the Purchaser in accordance with Clause 3.
6.2 The transfer of property to and risk in the Goods shall be without prejudice to any rights of the Purchaser in relation to the Goods, including its right to reject Goods pursuant to this Contract.
PROPERTY AND RISK. Title to Specification Gas and risk of loss of or damage to Specification Gas delivered in accordance with the terms of this Agreement shall pass from the Sellers to the Buyer at the Delivery Point and any liability in respect of such Specification Gas shall also pass at the Delivery Point.
PROPERTY AND RISK. 38.1 Title to the Goods shall pass to the University at the time of payment, provided that such passing shall not prejudice either the University’s right to reject for non-conformity with Specification and shall not prejudice any other rights that the University may have under the Contract. However, where advance or progress payments are made, title but not risk shall pass to the University as soon as items are allocated by the Seller to the Contract. All items so allocated shall be adequately marked and recorded as being the property of the University, and where such items are stored on the Seller’s site, held in a separate bonded area suitable for such storage purposes.
38.2 Where advance or progress payments are to be made the University shall have the right to require that a Banker’s Guarantee/Performance Bond in the University’s favour, and in a form and standard and incorporating wording that is acceptable to the University, shall be provided in the full value of any such advance and/or progress payments made or to be made. Such requirement shall be stated on the Purchase Order or in the Attachment to the Contract, and any costs incurred by the Seller of the provision of such Banker’s Guarantee/Performance Bond shall be for the Seller’s account and deemed to be included in the Price.
38.3 Unless otherwise stated in an Attachment, risk in the Goods and/or any parts, stages or portions of the Installation shall pass to the University upon Delivery of the Goods and/or any parts, stages or portions of the Installation to the University.
PROPERTY AND RISK. 9.1 All goods and materials supplied by or on behalf of the Company (whether they become a fixture or otherwise) at all times shall remain the property of the Company. For the avoidance of doubt title in all surplus goods and materials supplied by or on behalf of the Company and scrap shall remain the property of the Company.
9.2 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods or materials which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company, shall (without prejudice to any of the Company’s other rights or remedies) forthwith become due and payable.
9.3 Upon the energisation of the Electric Line and/or Electrical Plant (as those terms are defined in Section 64(1) of the Electricity Act 1989) such Electric Line and/or Electric Plant shall be adopted by the Company and form part of the Distribution System save that the Company shall not adopt any Street Furniture which is the subject matter of the Connection Services or any Electric Lines or Electrical Plant that is not part of the Distribution System.
PROPERTY AND RISK. Property and risk in the Goods shall without prejudice to any other rights or remedies of the Commissioner (including the Commissioner’s rights and remedies under clause 17 hereof) pass to the Commissioner at the time of acceptance of delivery.
