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 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. 8.1 The risk in the Goods shall pass to the Customer upon delivery of the Goods to the Customer or any carrier acting on the Customer’s behalf. If the Seller is unable to despatch the Goods because of the Customer’s acts or omissions or the Customer fails to take delivery of the Goods or fails to collect the Goods from the Seller’s premises on the date specified (as applicable), the risk in the Goods shall still pass to the Customer at the time when the Customer should have collected the Goods or taken delivery.
8.2 The property in the Goods shall not pass to the Customer until the total price of:
8.2.1 the Goods and (if applicable) the Services; and
8.2.2 any other goods and/or services supplied under any contract with the Customer to which these Conditions apply or any other contract between the Seller and the Customer for which payment to the Seller remains due, is paid in full and cleared funds.
8.3 Until such time as the Price for any Goods has been paid in full and cleared funds:
8.3.1 those Goods shall be held by the Customer in fiduciary capacity and stored by the Customer at its premises in such a manner that they are clearly identifiable as the Goods of the Seller and shall be kept separate from other goods whether or not supplied by the Seller;
8.3.2 the Customer shall insure those Goods to the full replacement value of the Goods and shall note the Seller’s interest on the policy;
8.3.3 the Customer shall not pledge or charge in any other way any of those Goods and, if the Customer breaches this clause 8.3.3, the Price for those Goods shall become immediately due and payable; and
8.3.4 those Goods shall be handed over to the Seller on demand and the Seller: (i) shall be entitled to re-take possession of them without prejudice to any of its other rights against the Customer; and (ii) is hereby granted a licence to enter into the Customer’s premises for such purposes.
8.4 If the Customer sells any Goods prior to paying the Price due in respect thereof in full and cleared funds: (i) the Customer shall hold the proceeds of sale on trust for the Seller and shall immediately pay the proceeds of sale into a separate bank account for such purposes; and (ii) the Seller shall be entitled to call upon the Customer to assign all claims that the Customer may have against the purchaser(s) of those Goods.
8.5 The Customer's right to possession of the Goods shall terminate immediately if:
8.5.1 the Customer has a bankruptcy order made against him or makes an ar...
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. 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. Risk of loss or damage to the goods from any cause whatsoever shall remain with the Seller and shall not pass to CHH until delivery of the goods to the place of delivery. Property in all goods shall pass from the Seller to CHH upon delivery except where payment is due and made prior to delivery, in which event property in such goods shall pass to CHH as soon as payment is made.
RISK AND PROPERTY. 4.1 Property in the Goods shall pass to the Company upon delivery or where payment is made prior to delivery, once payment is made. Risk in the Goods shall pass to the Company when delivery to the premises specified in the Order or to another location specified by the Company in writing is completed (including the unloading of the Goods).
4.2 The Company reserves the right to reject any Goods or Services which are defective or which are otherwise not in accordance with the conditions of the Agreement.
4.3 Any product of the provision of the Services shall be at the Supplier's risk until the Services are completed in accordance with the Agreement and accepted by the Company, provided that, unless otherwise specified in the Order, risk shall be deemed to have passed to the Company if the Company has not notified the Supplier of its acceptance or otherwise of such products within 1 month of completion of the Services.
