Property risk Sample Clauses
Property risk. 5.1 The risk of loss or damage to Products will pass to the Distributor on delivery, as per Incoterms 2000. Unless otherwise stated in writing, shipping terms shall be FCA Supplier’s point of manufacture.
5.2 Notwithstanding risk in the Products passing in accordance with clause 5.1 legal and equitable title in the Products shall not pass to the Distributor until the Supplier has received in full in cleared funds all sums due to it in respect of the Products and all other sums which are or which become due to the Supplier from the Distributor on any account.
5.3 The Distributor is authorised by the Supplier to use the Products in the ordinary course of its business or to sell the Products to a third party pursuant to a bona fide and arms length transaction at full market value
5.4 Until the Supplier has received cleared funds of all sums due to the Supplier with respect to the Products:
(a) the Distributor will hold the Products in a fiduciary capacity and as bailee for the Supplier;
(b) the Products shall, subject to clause 5.3 be:
(i) kept properly stored and protected separate and distinct from all other property of the Distributor and of any third party;
(ii) insured with a reputable insurance company for their full replacement value against all risks to the reasonable satisfaction of the Supplier and on request the Distributor shall produce the policy of insurance to the Supplier;
(iii) kept complete and in good repair and condition and free from damage and/or tampering.
(c) The Distributor will not obliterate or remove any identifying marks on the Products and shall, if requested in writing by the Supplier cause a note to be made in its book keeping records and also where possible a notice to be affixed to the Products indicating that the Products remain the property of the Supplier.
(d) the Supplier, its representatives, agents or auditors shall be entitled at all reasonable times to examine the Distributor’s book keeping records and the Products to satisfy themselves that the note referred to in clause 5.4(c) has been made and that the notice referred to in clause 5.4(c) is affixed to the Products and has not been obscured.
5.5 The Distributor’s right to possession and power of sale contained in clause 5.3 shall automatically cease if the Distributor (being a company) has a petition presented for its winding up or administration or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruc...
Property risk. Returns from the Properties will depend largely upon the amount of rental income generated from the Properties, the costs and expenses incurred in the maintenance and management of the Properties, necessary investments in the Properties and upon changes in its market value. Rental income and the market value for properties are generally affected by overall conditions in the economy, such as growth in gross domestic product, employment trends, inflation and changes of interest rates. Both property values and rental income may also be affected by competition from other property owners, or the perceptions of prospective buyers and/or the attractiveness from tenants, convenience and safety of the Properties.
Property risk. (a) To the extent allowed at law:
(i) risk in the Goods and/or Services, passes to the Customer on delivery;
(ii) property in the Goods remains with the Company until the Customer pays the relevant Tax Invoice for the Goods in full. The Company has the right to recover possession of the whole or any part of the Goods including any machine or equipment to which the Goods are attached;
(iii) the Customer must safely and securely store the Goods and hold them, as a bailee for the Company until the Customer pays any relevant Tax Invoice for the Goods in full and the Customer; safely and securely store the Goods; and
(iv) the Customer must not, assign, charge or offer by way of security any interest in the Goods before the Customer pays any relevant Tax Invoice for the Goods in full.
(b) If the Customer does not pay for the Goods by the Due Date the Customer must, at the Company’s request, deliver up to the Company all Goods not paid for in full failing which the Customer authorises the Company to enter, at any time, by its employees, agents or otherwise the place where the Goods are stored to repossess and remove the Goods. The Customer indemnifies the Company against all losses, costs and expenses incurred by it in repossessing and removing the Goods under this clause and against all claims against the Company arising from such repossession or removal.
(c) The Company can, at its sole discretion, commence any legal proceedings against the Customer to recover the Outstanding Debt in respect of the Goods whether ownership of the Goods has passed to the Customer or not.
Property risk. 7.1. The Club is not responsible for or liable to a Participant for articles of personal property damaged, lost or stolen in or about the Club facilities or during any Club activities or events.
7.2. The Club is not responsible for or liable to a Participant for loss of or damages to any Participant’s property including but not limited to automobiles and the contents thereof.
Property risk a) The Customer acknowledges that this constitutes a security agreement for the purposes of the Personal Properties and Securities ▇▇▇ ▇▇▇▇ (PPSA) and that a security interest exists in all Goods supplied to the Customer (and their proceeds).
b) The risk in the Goods sold pass to the Customer upon completion of delivery by the Supplier. The Customer specifically acknowledges that it will be responsible for any damage to Goods which have been delivered but not yet fully installed by the Supplier.
c) Notwithstanding anything containing herein, property in and legal title to the Goods does not pass to the Customer until payment for all debts owing to the Supplier by the Customer has been received by the Supplier. Until such payment has been received by the Supplier, the Customer will in so far as possible store the Goods separately and apart from its own goods and those of any other person or company.
d) The Customer is responsible for ensuring that the Site is safe and ready for the Supplier to undertake or provide the Goods. This includes (but is not limited to) ensuring any hidden services such as electrical and plumbing points are in the correct or identified location.
Property risk. 13.1 The goods are at the risk (including for loss, damage or deterioration) of the Customer from the time of delivery of the Goods. For these purposes, a carrier who transports the Goods shall be deemed to be the agent of the Customer.
Property risk. Returns from the Property will depend largely upon the amount of rental income generated from the Property and upon changes in its market value. Since the costs and expenses incurred in the maintenance and management of the Property and necessary investments in the Property are allocated to the tenant, according to the Lease Agreements, such costs and expenses should not affect the returns from the Property. However, there is a risk that if Ellos vacates the Property after the Lease Agreements’ expirations, the Company may have to enter into new leases on less favourable terms, due to the general conditions on the real estate market on such time, which will materially affect the returns from the Property. Rental income and the market value for properties are generally affected by overall conditions in the economy, such as growth in gross domestic product, employment trends, inflation and changes of interest rates. Both property values and rental income may also be affected by competition from other property owners, or the perceptions of prospective buyers and/or the attractiveness from tenants, convenience and safety of the Property.
Property risk. Returns from the Property will depend largely upon the amount of rental income generated from the Property, the costs and expenses incurred in the maintenance and management of the Property, necessary investments in the Property and upon changes in its market value. Rental income and the market value for properties are generally affected by overall conditions in the economy, such as growth in gross domestic product, employment trends, inflation and changes of interest rates. Both rental income and Property value may be affected by competition from other property owners, or the perceptions of prospective buyers and/or the attractiveness from tenants, convenience and safety of the Property. If the market value of the Property decreases, this may have a material negative effect on the Group's operations, financial position, earnings and results.