Retention of Title. Legal title to all delivered Goods remains with Mondi until the Customer has paid the purchase price owed to Mondi in connection with the respective Contract. The Customer is obliged to appropriately insure the Goods still owned by Mondi against all common risks, particularly against fire, burglary or damage caused by water at its own expense, to treat them cautiously and store them properly. The Customer shall at all times store the Goods in such a manner as shall facilitate identification of them both generally and by reference to invoices in respect thereof. The Customer shall be entitled to sell the Goods in the usual course of business. Any possible receivables resulting from such sale shall herewith be assigned to Mondi in advance, up to the purchase price owed to Mondi, and the Customer shall undertake all necessary publicity requirements for enforceability of such assignment, such as registration in the book accounts and by notifying the purchaser of the assignment and retention of title. If the Customer sells any goods co-owned by Mondi, the assignment shall apply to the amounts received to the same extent as this co-ownership. Mondi shall be entitled to collect the assigned sum. otrzymanych kwot w takim samym zakresie, jak kwestii współwłasności. Mondi przysługuje prawo do pobrania scedowanej kwoty. Wszelkie przetwarzanie Towarów przez Klienta odbywa się w imieniu Mondi bez nakładania na Mondi obowiązków. W przypadku przetwarzania Towaru z innymi towarami nienależącymi do Mondi, Mondi nabywa prawo współwłasności nowo wyprodukowanych towarów proporcjonalnie do wartości dostarczonego Towaru w momencie przetwarzania. Any processing of the Goods by the Customer takes place on behalf of Mondi without imposing obligations on Mondi. If the Goods are processed with other goods not owned by Mondi, Mondi acquires a co-ownership on the newly produced goods pro rata the value of the delivered Goods at the time of the processing.
9. Własność intelektualna, przechowywanie i opłaty
Retention of Title. 1. If, by way of exception, a retention of title is agreed between BARTEC and the Supplier, this shall have the effect of an “ordinary” retention of title (einfacher Eigentumsvorbehalt). Unless otherwise agreed, the Supplier's retention of title shall only apply if this relates to BARTEC's payment obligations for the respective products, to which the Supplier retains title. In particular, “currentaccount” retention of title (erweiterter Eigentumsvorbehalt) or “extended” retention of title (verlängerter Eigentumsvorbehalt) shall not be admissible.
2. Tools, samples, drawings and other aids which are produced to execute purchase orders and invoiced separately by the Supplier shall become the property of BARTEC at the time of production. Their handover shall be replaced by the Supplier holding them in safekeeping for BARTEC free of charge. They may be used only to execute purchase orders placed by BARTEC and must be handed over to BARTEC free of charge immediately upon request after execution of the Contract resp. in the event of delivery difficulties. The Supplier shall clearly mark the above-mentioned items as the property of BARTEC and shall draw the attention of third parties, who wish to establish claims to them, to XXXXXX'x property right. The Supplier shall inform BARTEC immediately if this occurs. Necessary costs of legal defence shall be borne by the Supplier. The Supplier shall be obliged to take care of and maintain the above- mentioned items and to remedy normal wear and tear. Expenses required for this shall be covered by the purchase price for the items. If the Supplier commissions a subcontractor to manufacture tools and samples to execute XXXXXX'x purchase orders, the Supplier shall assign its claims against the sub-contractor for the General Terms and Conditions of Purchasing and Ordering of the BARTEC Group including all BARTEC Companies for Deliveries and Services by Suppliers and Contractors transfer of ownership of the tools and samples to BARTEC.
3. Drafts made and samples developed by the Supplier for BARTEC – of whatever kind – and all rights shall become the property of BARTEC.
Retention of Title. The goods shall remain our property until full payment.
Retention of Title. 5.1 Until all the financial liabilities are not completed by the buyer the goods will remain the ownership of the seller. In the event of pledge, seizure or any other breach of the ownership rights, the buyer is obliged to undertake activities aimed at protecting the seller's right and to immediate inform about possible treats.
Retention of Title. 7.1 Until the full purchase price of the delivered goods has been paid, the Vendor shall remain owner of the sold goods. The Vendor furthermore shall remain owner of the sold goods until the Buyer has paid all out- standing debts in full, even if they result from other de- liveries of the Vendor to the Buyer. The goods for which the ownership has not yet passed to the Buyer according to the stipulations above are in the following referred to as the “Reserved Goods”.
7.2 If Reserved Goods are processed by the Buyer to a new, moveable item the new item will become prop- erty of the Vendor. If the Buyer processes the Reserved Goods together with other goods which are not the prop- erty of the Vendor, the Vendor shall acquire co-ownership in the new item in accordance with the ratio of the Re- served Goods to the other goods at the point of time of processing.
7.3 The Buyer shall be entitled to sell the Reserved Goods in the regular course of business. The Buyer hereby assigns to us all future claims arising from the sale of the Reserved Goods to its customers in the amount of the still existent purchase price debt. The Buyer must disclose the names of its customers upon our demand.
7.4 The Buyer is obliged to notify to us any third party access to the Reserved Goods immediately.
Retention of Title. 1. The Supplier shall retain title to delivery (goods to which title is retained) until all claims to payment for the delivery have been fully satisied. The retention of title shall also apply to replacement or exchange parts unless they become major components as a result of installation.
2. Whilst title to the goods is retained, the Purchaser shall be prohibited from pledging or from assigning the goods by way of security and shall only be entitled to resell during the course of regular business transactions and only on condition that the Purchaser receives pay- ment from its own customer or contracts the retention of title.
3. a) If the Purchaser sells goods to which the title is retained, the Purchaser herewith now undertakes to assign its future claims to payment from the resale in respect of its own customer with all secondary rights – including payment balance requests – to the Supplier as security. The separate Purchaser’s declaration will be provided with regard to a speciic claim or category of claims immediately after specifying the claim and the customer. In the event of resale together with other items without any unit price agreement, the Purchaser under- takes to assign the Supplier that part of the total price corresponding to the price of the goods to which title is retained charged by the Supplier, with priority over the rest of the claim to payment that has not been assigned.
Retention of Title. 1. All Goods delivered to the Contracting Party shall remain the property of BETA-POINT until the Contracting Party pays the entire price indicated on the VAT invoice. This condition shall not entitle the Contracting Party to a refund, refusal or delay in payment.
2. The Contracting Party shall not be entitled to sell or encumber the Goods with a pledge or rights of third parties as long as they are the property of BETA-POINT, unless BETA- POINT consents to it in writing under pain of nullity.
Retention of Title. 1. KRONOSPAN retains ownership title to the sold goods until full settlement of the price by the Purchaser.
2. The delivered goods may be subject to processing, combination or amalgamation only on condition that title to the goods is retained according to sub-par. 1 above and that security provided in favour of KRONOSPAN is maintained.
3. The Purchaser shall be entitled to sell KRONOSPAN goods in the ordinary course of business. Purchaser's claims in respect of the sale and other claims in lieu of the goods are immediately assigned for the full amount to KRONOSPAN as security along with all incidental rights, whether the KRONOSPAN goods are supplied with or without processing, transformation, installation or combination and whether or not the KRONOSPAN goods are processed, transformed, installed or combined with goods from other suppliers. If another supplier lawfully retained ownership title to goods
4. Z chwilą uznania rachunku bankowego Kontrahenta ceną z tytułu sprzedaży towarów KRONOSPAN objętych zastrzeżeniem prawa własności bądź towarów, co do których KRONOSPAN posiada tytułu współwłasności, Kontrahent przenosi na rzecz KRONOSPAN roszczenie o zapłatę w wysokości odpowiednio uznanego salda odpowiadającego kwocie roszczeń KRONOSPAN.
5. Kontrahent uprawniony jest do dochodzenia należności, o których mowa w pkt. 3 powyżej, do odwołania. W przypadku uzasadnionych okoliczności takich jak: opóźnienie lub nieuregulowanie płatności przez Kontrahenta, wszczęcia postępowania upadłościowego lub innego zagrożenia wykonania umowy, upoważnienie Kontrahenta do dochodzenia ww. należności może zostać przez KRONOSPAN cofnięte. W takim przypadku Kontrahent jest między innymi zobowiązany do natychmiastowego oznakowania wszystkich towarów objętych zastrzeżeniem własności w sposób właściwy i widoczny dla każdej osoby trzeciej, jako własność KRONOSPAN. Kontrahent zobowiązany jest dostarczać KRONOSPAN szczegółowy wykaz wszelkich towarów objętych zastrzeżeniem własności, w tym także towarów przetworzonych, jak również wykaz należności, o których mowa w pkt. 3 powyżej, z podaniem nazw dłużników. Niezależnie od powyższego, przedstawiciele KRONOSPAN są uprawnieni do dokonywania w trakcie normalnych godzin pracy inspekcji u Kontrahenta oraz kontroli dokumentów w przewidzianym powyżej zakresie.
6. Kontrahent ponosi odpowiedzialność za towary KRONOSPAN. Kontrahent zobowiązany jest do starannego przechowywania towarów i odpowiedniego ubezpieczenia ich od zwykłego ryzyka takiego jak...
Retention of Title. 1. The Supplier reserves title to products within the given deliveries (“Reserved Goods”) until full fulfilment of claims connected with such deliveries (current account reservation). The retention of title shall also apply to replacement or exchange parts, unless those parts become essential parts of another good.
2. The Purchaser shall carefully store the Reserved Goods at his own expense, maintain and repair them and insure them against fire, water damage, burglary and theft.
3. During the period of retention of title, the Purchaser is not entitled to pledge the Reserved Goods or assign them as security. However, the Purchaser shall be entitled to sell the Reserved Goods in the ordinary course of busi- ness as long as the Purchaser is not in default of payment. The Purchaser shall assign the accounts receivable that arise out of the re-sale or for any other legal reason (in particular but without limitation any transfer of title to the end customer, any insurance case or any tortious act) concerning the Reserved Goods to Supplier in full as security – in the case of co-ownership of the Reserved Goods pro rata according to the co-ownership share, without the need for any special declaration. The Supplier shall accept the said assignment. In the event of resale of the Reserved Goods together with other items, without having agreed on an individual price for the different items with the Purchaser’s customer, the Purchaser shall assign the Supplier such part of the total price agreed with the customer, which corresponds to the price of the Reserved Goods.
4. The Supplier revocably authorizes the Purchaser to collect the claims assigned to the Supplier for its account in its own name. If the Purchaser acts in breach of the contract – in particular if he is in default of payment – the Supplier may request the Purchaser to disclose the assignment and to provide the Supplier with the information and documents necessary for the collection of the claim.
5. The Purchaser may process, rework or combine the Reserved Goods with other items; such processing, rework- ing or combining shall be carried out on behalf of the Supplier but, in each case, at Purchaser’s risk. In this case, the Supplier shall acquire a co-ownership share of the new item in the ratio of the value of the Reserved Goods (invoice value) to the value of the new item. Should the Purchaser acquire sole ownership of the new item, the Purchaser shall transfer to the Supplier co-ownership in the ratio o...
Retention of Title. 4.1 BARTEC shall remain the owner of all Supplies delivered under a Contract, and, if applicable, of all Spare Parts provided by it, until any and all claims of BARTEC under a Contract are satisfied.
4.2 Customer undertakes to perform any and all acts which are necessary to preserve the effectiveness and validity of the retention of title to the Supplies and, if applicable, to the Spare Parts, in the country of destination, both with regard to BARTEC and with regard to third parties; for instance, in cooperation with BARTEC, Customer shall ensure the registration of the retention of title to the Supplies in the register for retention of title and/or an equivalent register.