Retention of Ownership. 7.1 The Seller retains title to all delivered Product until the purchase price has been paid in full and all claims arising from the commercial relationship with the Customer have been settled. Should there be a current account credit balance, the Seller retains ownership until the balance is settled; in respect of bills of exchange or cheques, until they are cleared in full without any reservation.
7.2 Should the retention of title expire as a result of treatment or processing, combination or merging, the Seller shall become the owner or co-owner of the resulting new item in the proportion of the value of the Product to that of the new item. The Customer shall hold the latter in safekeeping for the Seller free of charge. Should any claims arise from the loss of our reserved property or new joint ownership, these are hereby transferred to the Seller.
7.3 In the event that the Customer acts in violation of the Agreement, in particular if the agreed payment dates are not met, the Seller is entitled to withdraw from the Agreement. If the Seller withdraws from the Agreement, the Customer is obliged to return the delivered Product without undue delay. Insofar as these have become essential components of a property, the Customer undertakes to allow the Seller to dismantle the items that can be removed without significant impairment of the structure (and/or to secure that the Seller can and is permitted to enter any premises necessary to dismantle respective items) and to transfer the ownership of these items back to the Seller. Should the Customer interfere with the aforementioned rights, it shall be liable to pay damages to the Seller. Disassembly and other costs shall be borne by the Customer.
7.4 The Customer shall be entitled to process and sell the delivered items in the usual course of business. The claims against third parties arising from the further distribution are hereby assigned to the Seller as a preventive measure. The Customer is obliged to issue a confirmation proving such an assignment at the Seller’s request or to execute respective assignment. The Seller hereby accepts the assignment.
7.5 As long as the Customer meets his payment obligations, he is authorized to collect the assigned claims on behalf of the Seller. The proceeds shall be transferred to the Seller immediately. The Customer hereby authorizes the Seller to notify the third-party debtor of the assignment.
7.6 The Customer shall not be entitled to pledge or assign by way of security ...
Retention of Ownership. Notwithstanding anything to the contrary herein contained, ownership of all materials brought onto the erf or building site shall remain vested in the contractor until such time as all amounts due in terms of this agreement has been paid in full.
Retention of Ownership. 10.1. We reserve the right of ownership to the delivery goods until
10.2. In the case of attachments, confiscation or other dispositions and interference by third parties, the buyer is to notify us immediately.
10.3. In the event of behavior of the buyer which violates the agreement, in the event
10.4. The assertion of the reservation of ownership as well as the attachment of the delivery goods by us shall not be deemed to constitute withdrawal from the agreement.
10.5. The buyer at this point assigns to us all accounts receivable up to the proportionate amount of our invoice, including sales tax/VAT with all ancillary rights, which he accumulates through resale to customers or third parties. This shall also apply in cases where the buyer has placed the purchase money claim which has accrued to him through resale into a current account arranged with a customer or third party. We will accept the assignment.
10.6. In the event of connection with real estate or moveable property belonging to third parties or with processing within the framework of a contract for work and services, then the buyer at this point assigns to us the receivables for work compensation and/or the resulting share of coownership up to the proportionate amount of our invoice, including sales tax/VAT for the jointly processed conditional goods. We will accept the assignment.
10.7. The buyer is hereby authorized to independently collect the preceding accounts receivable which have been assigned, within the framework of his usual order of business, provided that the collected proceeds are promptly forwarded to us.
10.8. To the extent that the delivery goods have become essential components or immovable fixtures of real property, the buyer undertakes, in the event of noncompliance with the agreed
10.9. If the realizable value of the collateral securities which have been reserved for us, either solely for the purposes of this retention of ownership clause or together with any other collateral, exceeds our secured claims by more than 10%, then we shall be obligated to the same extent to release collateral of our choice, if the buyer thus demands.
10.10. We are entitled, at the expense of the buyer, to insure the delivery goods against theft, fire, water and other damage, unless the buyer can provide evidence of already having done so himself.
10.11. In the event of behavior on the part of the buyer which violates the agreement, in particular in the event of delayed payment, we shall be entitle...
Retention of Ownership. HQY retains ownership in all intellectual property of HQY used in the provision of HSA custodial services or services related thereto, and any custom development by HQY for use by Employer or its employees shall be the intellectual property of HQY.
Retention of Ownership. Ownership of the PHI resides with the Agency and is to be returned on demand or destroyed at the Agency's option, at any time, and subject to the restrictions found within section 4.b. above.
Retention of Ownership. 5.3.1. In case of deferred payments, the Products shall remain property of the Seller until the integral payment of the Price, in the measure allowed by the law of the Country in which the Products are located.
5.3.2. The Buyer undertakes to do anything necessary to constitute a valid retention of ownership in the most extended form possible, or to constitute an equal guarantee (such as Security Interest, etc..), in favour of the Seller; the Buyer undertakes to cooperate with the Seller to implement all the necessary measures to protect the Seller’s right of ownership. The Seller is entitled to carry out all the necessary formalities in order to make the Seller’s retention of ownership right enforceable against any third party.
Retention of Ownership. Except for the License granted to the Licensee under this Agreement and the Order, the Licensor will retain all right, title and interest in Licensed Technology, including all worldwide technology and intellectual property and proprietary rights therein.
Retention of Ownership provisions – tools – secrecy
(1) Should we provide the Supplier with parts, we shall reserve the owner- ship rights on these. These parts are processed or refashioned by the Supplier for ourselves only. Should our reserved product be processed with other objects that do not belong to us, we shall acquire coownership of the new item in the ratio of our item’s value (purchase price including VAT) to that of the other processed objects at the time of processing.
(2) Should the item we provide be inseparably mixed with other objects that do not belong to us, we shall acquire coownership of the new item in the ratio of the reserved item’s value (purchase price including VAT) to that of the other mixed objects at the time of mixing. Should mixing be such that the Supplier’s item must be deemed the principal item, both parties shall agree that the Supplier transfers to us proportional coownership. The Supplier shall be entrusted with the sole or coownership transferred thus to us.
(3) We shall reserve the ownership rights on tools; the Supplier shall be obliged to employ these tools exclusively for the manufacture of the goods we order. The Supplier shall be obliged at its own expense to take out on the tools belonging to ourselves fire, water damage, and theft insurance adequate to the original value. At the same time the Supplier shall immediately cede to us all compensation claims arising from this insurance; we hereby accept this cession. The Supplier shall be obliged at its own expense and in good time to perform on our tools, for example, requisite maintenance, inspection, and repair work. The Supplier must inform us immediately of all and any malfunctions or other irregularities; should the Supplier prove culpable in failing to do so, compensation claims shall remain unaffected.
(4) The Supplier shall be obliged to handle all received pictures, drawings, calculations, and other documents and information with strict confidentiality. This information may be disclosed to third parties only with our explicit approval. This obligation for secrecy shall also apply following the termination hereof and shall become void when and to the extent that the production know-how contained in the received pictures, drawings, calculations, and other documents has become general knowledge.
(5) Provided that the security rights we are entitled to under Para. (1) and/or Para. (2) exceed by over 10% (in words: ten per cent) the purchase price of all our reserved goods for which...
Retention of Ownership. The transfer of ownership of the products sold is subject to full payment of the price, in principal and related charges, regardless of the method and terms of payment used. Upon receipt, the buyer may dispose of the products for processing, consumption or resale. This option is withdrawn, by right and without prior notice, in the absence of payment by the due date. The buyer agrees to permit identification of the products, at any time, with a view to reclaiming them, with the understanding that products in stock are deemed as corresponding, in whole or in part, to the products for which payment is outstanding. In the event of default and after simple recognition of the latter, the Seller reserves the right to immediately reclaim the products, and the costs of pumping and return transport shall be the responsibility of by the buyer.
Retention of Ownership. The transfer of ownership of the sold Product is dependent on the Buyer’s full payment of the price by the due date. The payment of the price refers to actual receipt of the principal price and its incidental charges. In case of non-payment by the due date, the Seller may request the return of the Products, at the Buyer’s expense, without prejudice to any claims for damages and interest for failure to pay all or part of the price.
