Title to Goods passes to Buyer upon receipt of the Goods at the Buyer- designated location, whether it is an address of the Buyer or of any third party designated by Buyer.
Title to Goods. Hawthorne retains title to goods until Customer performs all of its obligations under the Agreement. In order to secure payment and performance of the obligations, Customer hereby grants to Hawthorne a security interest in the purchased goods and all proceeds thereof described in this agreement to secure the performance of all of Customer’s obligations under this Agreement.
Title to Goods. 11.1 Proquip and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Proquip all amounts owing to Proquip; and
(b) the Client has met all of its other obligations to Proquip.
11.2 Receipt by Proquip of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
11.3 It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1:
(a) the Client is only a bailee of the Goods and must return the Goods to Proquip on request;
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Proquip and must pay to Proquip the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Proquip and must pay or deliver the proceeds to Proquip on demand;
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Proquip and must sell, dispose of or return the resulting product to Proquip as it so directs;
(e) the Client irrevocably authorises Proquip to enter any premises where Xxxxxxx believes the Goods are kept and recover possession of the Goods;
(f) Proquip may recover possession of any Goods in transit whether or not Delivery has occurred;
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Proquip;
(h) Proquip may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Title to Goods. 10.1. The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
10.2. The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
Title to Goods. 7.1 Notwithstanding delivery and the passing of risk in the Goods, until such time as the Buyer shall have paid the Supplier in full the price of and all additional charges in respect of Goods supplied under the Contract:-
(i) ownership of the Goods shall remain with the Supplier, and the Buyer shall hold the Goods in a fiduciary capacity only for the Supplier and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Supplier’s property, save that the Buyer may resell or use the Goods in the ordinary course of business;
(ii) if the Buyer sells (or allows to be sold) the Goods, the proceeds of sale shall be held in a separate clearly identifiable account and the Buyer’s beneficial interest shall attach to the proceeds of sale and the Buyer shall have the right to trace such proceeds of sale.
7.2 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 Supplier.
7.3 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 Supplier may at any time require the Buyer to deliver up the Goods to the Supplier 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. For the avoidance of doubt, in such circumstances, the Supplier shall be entitled to repossess any Goods in which property has not yet passed to the Buyer under any Contract between the Buyer and the Supplier.
Title to Goods. [Title to Goods is transferred to the Customer in accordance with clause 5.5.1.]
Title to Goods. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the Free On Board (FOB) destination on domestic shipments, and Delivered Duty Paid (“DDP”) for international shipments, or as otherwise specified in the Agreement, subject to UC’s right to reject upon inspection and/or testing.
Title to Goods passes to Company upon the earlier of (i) any payment therefor under the Contract; or (ii) delivery into Company’s possession; without prejudice to Company’s right to reject any matters or items not conforming to the Contract. Risk in Goods passes to Company upon satisfactory delivery thereof into Company’s possession, but reverts to Contractor if Goods are rejected by Company.
Title to Goods. 12.1 Property in Goods does not pass from the Seller to the Buyer unless clause 13 applies, or unless and until (a) the Buyer has paid to the Seller all amounts owing for the Goods, (b) the Buyer has met all of its other obligations to the Seller, and (c) payment other than in cash is honoured, cleared or acknowledged.
Title to Goods. Title to Goods passes to Agency in accordance with ORS 72.4010.
