RISK AND PROPERTY Sample Clauses
RISK AND PROPERTY. 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises:
(a) at the time when the Goods are loaded onto the carrier’s transport vehicle at the Seller’s premises or any other place of storage; or
(b) in the event that the Seller and the Buyer agree in Writing that carriage of the Goods is to be at the risk of the Seller, at the time when the Goods are off loaded from the carrier’s transport vehicle at the agreed place of delivery; or
(c) if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Charges and all other sums owing to the Seller from the Buyer.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time (including but not limited to clause 9 applying) require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.
RISK AND PROPERTY. 5.1 The risk in the Products shall pass to You on the Commencement Date and the You shall be responsible to Us for any loss or damage to or caused by the Products from such date as a result of any act or omission by You or Your employees, agents, contractors, sub-contractors or the employees of any of them.
5.2 Notwithstanding the passing of risk under Condition 5.1 above, unless and until You shall have paid Us all sums due pursuant to the Agreement and removed the Total Quantity, property in and title to all the Products purchased and sold shall remain with Us and the following provision of this Condition shall be applicable:-
5.2.1 You grant to Us an irrevocable licence to enter the Your premises or any other premises in Your occupational control where the Products are or are believed by You or the Us to be located and to inspect and/or remove the Products at any time while they remain Our property. In the event that any of the Products are no longer in Your occupational control or the occupational control of Your employees, agents, contractors, sub- contractors or the employees of any of them, You shall use Your best endeavours to facilitate the inspection and/or removal of the Products by Us at any time while they remain Our property. All costs incurred by the Us in repossessing the Products whether or not they are still under Your control shall be borne by You; and
5.2.2 You shall immediately notify Us if You (or Your directors) intend to present a petition for the making of an administration order or a winding-up petition or if You (or Your directors) are aware of any such intention on the part of any of the Your creditors or if any of the other circumstances specified in Conditions 6.3.1 to 6.3.5 inclusive are to Your knowledge considered likely to arise.
RISK AND PROPERTY. 7.1 Risk of damage to or loss of the Goods shall transfer to the Purchaser only upon delivery to the Purchaser in accordance with the Contract
7.2 The title in property of the Goods shall transfer to the Purchaser upon delivery unless payment for the Goods is made prior to delivery when it shall pass to the Purchaser when payment has been made
RISK AND PROPERTY a) Risk of damage to or loss of the Goods shall pass to the Customer: (i) in the case of Goods to be provided at Xxxxxxxxx's premises, at the time when Xxxxxxxxx notifies the Customer that the Goods are available for collection; or (ii) in the case of Goods to be delivered otherwise than at Sartorius’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Xxxxxxxxx has tendered delivery of the Goods.
b) Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these GTC, the property in the Goods shall not pass to the Customer until Sartorius has received in cash or cleared funds payment in full of the Price of the Goods.
c) Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Xxxxxxxxx's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Xxxxxxxxx's property and take all reasonable care of the Goods and keep them in the condition in which they were delivered and inform Xxxxxxxxx immediately if it becomes subject to any insolvency type event and permit, upon reasonable notice, Xxxxxxxxx to inspect the Goods during the Customer’s normal business hours and provide Sartorius with such information concerning the Goods as Xxxxxxxxx may request from time to time. Until such time as the Customer becomes aware or ought reasonably to have become aware that an insolvency type event has occurred or is likely to occur, the Customer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to Sartorius for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. If the Customer resells the Goods in accordance with the foregoing, title shall pass to the Customer immediately prior to the resale If, at any time before title to the Goods has passed to the Customer, the Customer informs Xxxxxxxxx, or Xxxxxxxxx reasonably believes, that the Customer has or is likely to become subject to an insolvency type event, Sartorius may (i) require the Customer to re-deliver the Goods to Sartorius (at the expense of the Customer if so requested by Xxxx...
RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Felling Commencement Date and the Purchaser shall be responsible to the Commission for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them.
5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid the Commission all sums due pursuant to this Agreement and removed the Quantity for a particular Period, in question, property in and title to all the Products purchased and sold in the relevant Period as represented by each separate Instalment shall remain with the Commission and the following provision of this Clause shall be applicable:-
5.2.1 the Purchaser grants to the Commission an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or the Commission to be located and to inspect and/or remove the Products at any time while they remain the Commission’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub- contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by the Commission at any time while they remain the Commission’s property. All costs incurred by the Commission in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and
RISK AND PROPERTY. 6.1 The Equipment will remain the property of the Supplier.
6.2 The Customer shall keep the Equipment separate from that of the Customer and third parties and properly stored, protected and fully insured and identified as the Supplier’s property. The Customer shall if so requested by the Supplier, produce within 7 days, evidence of such insurance to the Supplier.
6.3 The Customer shall deliver up the Equipment to the Supplier on demand and, if the Customer fails to do so immediately, the Supplier may enter any premises of the Customer or any third party where the Equipment is stored and repossess the Equipment.
6.4 The Customer may not pledge or in any way charge the Equipment by way of security for any indebtedness of the Customer.
6.5 The Customer shall keep the Equipment in good condition and not alter or modify it in any way.
RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Commencement Date and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them.
5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: -
5.2.1 the Purchaser grants Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and
RISK AND PROPERTY. 6.1 The Goods shall be at the Customer’s risk as from delivery or from collection by the Customer from the Company’s premises.
6.2 In spite of collection or delivery having been made, property in the Goods shall not pass from the Company until:
6.2.1 the Customer has paid the cost of the Goods plus VAT in full; and
6.2.2 no other sums whatever shall be due from the Customer to the Company.
6.3 Until property in the Goods passes to the Customer in accordance with clause 6.2, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
6.3 Until ownership of the Goods has passed to the Customer, the Customer shall hold the Goods on a fiduciary basis as the Company’s bailee and store the Goods (at no cost to the Company) in such a way that they remain readily identifiable as the Company’s property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company.
6.4 The Customer may resell the Goods before ownership has passed to it solely on any sale being effected in the ordinary course of the Customer’s business at full market value and any such sale being a sale of the Company’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale.
6.5 The Customer’s right to possession of the Goods shall terminate immediately where the Customer has gone into bankruptcy or liquidation or where a receiver has been appointed; or the Customer suffers or fails to observe or perform any of its obligations under these Conditions or any other contract between the Company and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or the Customer encumbers or in any way charges the Goods.
6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company. The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter th...
RISK AND PROPERTY. 7.1 The Equipment shall be at the risk of the Company until delivery to the Customer at the place of delivery specified in the Agreement.
7.2 Ownership of the Equipment shall pass to the Customer on the later of completion of delivery, or when the Company has received in full in cleared funds all sums due to it in respect of the Equipment.
7.3 Until ownership of the Equipment has passed to the Customer under condition 7.2, the Customer shall:
(a) hold the Equipment on a fiduciary basis as the Company's bailee;
(b) store the Equipment (at no cost to the Company) in satisfactory conditions and separately from all the Customer's other equipment or that of a third party, so that it remains readily identifiable as the Company's property;
(c) not destroy, deface or obscure any identifying xxxx or packaging on or relating to the Equipment; and
(d) keep the Equipment insured on the Company's behalf for its full price against all risks with a reputable insurer to the reasonable satisfaction of the Company, ensure that the Company's interest in the Equipment is noted on the policy, and hold the proceeds of such insurance on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4 The Customer's right to possession of the Equipment before ownership has passed to it shall terminate immediately if any of the circumstances set out in condition 12.1 arise or if the Customer encumbers or in any way charges the Equipment, or if the Customer fails to make any payment to the Company on the due date.
7.5 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Equipment is or may be stored in order to inspect it, or where the Customer's right to possession has terminated, to remove it. All costs incurred by the Company in repossessing the Equipment shall be borne by the Customer.
7.6 On termination of the Agreement for any reason, the Company's (but not the Customer's) rights in this condition 7 shall remain in effect.
RISK AND PROPERTY. 5.1 Risk of loss of the hospitality tickets shall pass to the Customer at the time the hospitality tickets are delivered to the Seller.
5.2 Once risk of loss of the hospitality tickets has passed to the Customer in accordance with clause 5.1 the Seller shall not be liable to replace any lost hospitality tickets.
5.3 Notwithstanding delivery or any other provision of these Terms, the hospitality tickets always remain the property of the Seller and maybe cancelled at any time and the Customer and Guests refused entry into the Ground.
5.4 All Packages are non-transferable, and the Customer shall not be entitled to sell or to pledge or in any way transfer, or charge by way of security for any indebtedness of the Package. For the avoidance of doubt, the hospitality tickets that are included within the Package may not be stripped from a Package and resold save for in the circumstances provided for at condition 6.2 (c).