Common use of Reservation of Title Clause in Contracts

Reservation of Title. For any current or future sale of goods to a pur- chaser located outside of Germany the following retention of title has been agreed: BHJ reserves title to the goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser shall not be entitled to resell the goods or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain the property of BHJ until full payment of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item is higher than the value of the re- served goods - co-ownership (fractional owner- ship) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such ac- quisition of ownership should occur at BHJ, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, BHJ, insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if their value exceeds the amount of the secured claims by more than 50%. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods.

Appears in 3 contracts

Samples: bhj.com, bhj.com, bhj.com

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Reservation of Title. For STÜKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform XXXXXX immediately in the case of pledges as well as seizure or any current or future sale other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to a pur- chaser located outside STÜKEN. STÜKEN's assertion of Germany the following retention reservation of title has been agreed: BHJ reserves title to as well as the goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance pledging of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser delivered object shall not be entitled deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to resell receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain combined with other product/components which are not the property of BHJ until full payment STÜKEN, Customer shall grant to STÜKEN partial ownership of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled created product in relation to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item STÜKEN goods to the created product. The Customer is higher than entitled to sell the value delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKEN. In the event of the re- served goods - co-ownership (fractional owner- ship) resale after processing the assignment shall apply as in the amount of the newly created item in the ratio of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the value of assigned accounts receivable from the newly created itemthird party buyer, undertakes however to remit these to STÜKEN immediately. In STÜKEN reserves the event that no such ac- quisition of ownership should occur at BHJright to also collect the account receivable directly from the third party buyer, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items who is to be regarded as the main item, BHJ, named for this purpose. STÜKEN shall insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if securities held by him as their value exceeds shall exceed the amount of the accounts receivable to be secured claims by more than 50a total of 20 %. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods.

Appears in 3 contracts

Samples: stueken.com, stueken.com, stueken.com

Reservation of Title. For any a) Supplier shall retain the title to Goods supplied by it until all claims of Supplier from the entire business relationship with the Buyer have been satisfied in full (current or future sale of goods account reservation). b) The Buyer shall carefully store, maintain and repair the Goods which are subject to a pur- chaser located outside of Germany the following retention of title has been agreed: BHJ reserves title at its own expense, and insure such Goods against fire, water damage, burglary and theft. The Buyer shall immediately inform Supplier of any damage to the goods until Goods subject to retention of title. Supplier shall be shown the entire pur- chase price and any costs relating insurance policy on request. The Buyer hereby assigns to Supplier in advance all claims against the deliveryinsurance provider resulting from the insurance policy. Supplier hereby accepts this assignment. If the Buyer has insufficiently insured the delivered Goods, dispatch and insurance Supplier shall be entitled but not obligated to insure the delivered Goods at the expense of the goods have been paid by Buyer. c) In the purchaser event of attachment or security for other third party seizures of the purchase price has been provided as agreed. Until this has happenedGoods subject to retention of title, the purchaser Buyer shall not immediately inform Supplier thereof. d) The Buyer shall be entitled to resell the goods or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain the property of BHJ until full payment of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled to pro- cess and sell the goods Goods subject to retention of title in the ordinary course of business until provided the event Buyer is not in default of realizationpayment. Pledging and Goods subject to retention of title shall not be pledged or title thereto transferred as collateral. The Buyer hereby assigns the claims arising from the resale or on another legal basis (in particular, transfer of ownership by way title to the end customer, taking out insurance, claims in tort, civil offenses and other unlawful acts) regarding the Goods subject to the retention of security are not permittedtitle as collateral in full to Supplier. Supplier hereby accepts this assignment. Supplier shall revocably authorise the Buyer to collect the claims assigned to Supplier on Supplier's behalf in its own name. If the reserved goods are processed Buyer breaches the Agreement, in particular if the Buyer is in default regarding its payment obligations, Supplier shall be entitled to notify the third party debtor of the assignment or/and to require the Buyer to disclose the assignment and to be provided with the information and documentation required for the collection of the claims by the pur- chaserBuyer. e) If the Buyer defaults on payment, it is agreed that Supplier shall be entitled to rescind the processing is carried out in Agreement and require the name and Buyer to return the Goods subject to retention of title without needing to set a reasonable grace period for rectification. After the account of BHJ as manufacturer and therefore acquires direct own- ership or - if Goods have been returned Supplier shall be authorised to utilise the processing is carried out using materials from several owners or Goods. The right to assert additional claims for compensation shall remain unaffected by the foregoing. f) Should the value of the processed item is higher than the value of the re- served goods - co-ownership (fractional owner- ship) of the newly created item in the ratio of the value of the reserved goods collateral or any other securities provided to the value of the newly created item. In the event that no such ac- quisition of ownership should occur at BHJ, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, BHJ, insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally Supplier in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if their value exceeds above provisions exceed the amount of the secured Supplier's claims by more than 50%10% Supplier shall be obligated to release this excess value. BHJ has Supplier shall be entitled to choose which securities to release. g) If the law of the country where the delivered items are located does not allow for retention of title or only in a restricted format, Supplier shall reserve the right to select retain other rights to the items delivered Goods. The Buyer shall cooperate with all required measures (e.g. registration) to be released thereafter. If BHJ withdraws from realise the contract retention of title or other rights in case place of breach retention of contract by the purchaser - in particular default of payment – BHJ is entitled title and to demand return of the reserved goodsprotect these rights.

Appears in 3 contracts

Samples: Terms and Conditions of Sale, schroeder-maschinen.de, ttwbfiles.s3.amazonaws.com

Reservation of Title. For STUEKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform STUEKEN immediately in the case of pledges as well as seizure or any current or future sale other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STUEKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to a pur- chaser located outside STUEKEN. STUEKEN's assertion of Germany the following retention reservation of title has been agreed: BHJ reserves title to as well as the goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance pledging of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser delivered object shall not be entitled deemed as a withdrawal from the contract. Further processing or rework of STUEKEN goods by the Customer may only be performed subsequent to resell receipt of written authorization from STUEKEN. Should the STUEKEN goods be further assembled or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain combined with other product/components which are not the property of BHJ until full payment STUEKEN, Customer shall grant to STUEKEN partial ownership of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled created product in relation to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item STUEKEN goods to the created product. The Customer is higher than entitled to sell the value delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STUEKEN. In the event of the re- served goods - co-ownership (fractional owner- ship) resale after processing the assignment shall apply as in the amount of the newly created item in the ratio of the sale value of the reserved goods of STUEKEN. The buyer is entitled to collect the value of assigned accounts receivable from the newly created itemthird-party buyer, undertakes however to remit these to STUEKEN immediately. In STUEKEN reserves the event that no such ac- quisition of ownership should occur at BHJright to also collect the account receivable directly from the third-party buyer, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items who is to be regarded as the main item, BHJ, named for this purpose. STUEKEN shall insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if securities held by him as their value exceeds shall exceed the amount of the accounts receivable to be secured claims by more than 50a total of 20 %. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods.

Appears in 2 contracts

Samples: stueken.de, stueken.de

Reservation of Title. For Until all claims have been satisfied (including all current account balances) that we are entitled to on any current or legal basis now and in future sale of goods to a pur- chaser located outside of Germany vis-à-vis the customer we shall be granted the following securities: The goods remain our property. Processing or transformation is always done for us as the manufacturer, however, without any obligation. If our (co)-ownership is lost during processing, it is already now agreed that the customer's (co)-ownership in the joint item is ceded to us in proportion to its value (invoice value including VAT). Customer shall store our (co)-owned property free of charge. Customer shall agree to treat the goods under retention of title has been agreed: BHJ reserves title carefully and to the insure them sufficiently at its own cost against fire, water damage and theft. Hereinafter, goods until the entire pur- chase price and any costs relating that are (co)-owned by us shall be called goods subject to the deliveryretention of title. As long as customer is not in arrears, dispatch and insurance of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser customer shall not be entitled to resell the goods or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain the property of BHJ until full payment of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled to pro- cess process and sell the goods subject to retention of title in the ordinary due course of business until the event of realizationbusiness. Pledging and transfer of ownership by or assignments as security shall not be permitted. By way of security are not permitted. If the reserved goods are processed by the pur- chasersecurity, it is agreed that the processing is carried out customer shall already now assign to us in the name and for the full all claims (including all current account of BHJ as manufacturer and therefore acquires direct own- ership balances) arising from resale or - if the processing is carried out using materials from several owners or the value of the processed item is higher than the value of the re- served goods - co-ownership another legal basis (fractional owner- shipinsurance, unlawful act, etc.) of the newly created item goods subject to retention of title. We revocably authorise customer to collect the claims assigned to us for customer's account in the ratio of the value of the reserved goods to the value of the newly created itemcustomer's own name. This direct debit authorisation may be revoked in particular if customer does not fulfil its payment obligations properly. In cases where third parties access the event that no such ac- quisition goods subject to retention of ownership should occur at BHJtitle, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, BHJ, insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - particularly in the case of co-distraint, and in case an initiation of a composition or insolvency proceeding is filed, customer shall point out our ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims and shall notify us immediately so that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ we may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its our ownership rights. If the third party is not in a position able to reimburse BHJ for us the court judicial or outextra-of-court judicial costs incurred in this connectioncontext, customer shall be liable to us for such costs. In the purchaser case of customer acting contrary to the terms of the contract, in particular if customer is liable for these costs in default of payment, we shall be entitled to BHJrescind the contract and to demand that the goods subject to retention of title be returned to us. BHJ At the discretion of customer, we will release the reserved goods and the items or claims taking their place if customer desires, provided their value exceeds exceeds, on a permanent basis, the amount of the secured claims mentioned above by more than 5010%. BHJ has If, according to the right legal provisions in customer's country, retention of title is not permitted or permitted only to select a limited extent, our above-named rights shall be limited to the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goodsstatutory scope.

Appears in 2 contracts

Samples: General Sales and Delivery Terms and Conditions, General Sales and Delivery Terms and Conditions

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Reservation of Title. For STÜKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform STÜKEN immediately in the case of pledges as well as seizure or any current or future sale other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STÜKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to a pur- chaser located outside STÜKEN. STÜKEN's assertion of Germany the following retention reservation of title has been agreed: BHJ reserves title to as well as the goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance pledging of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser delivered object shall not be entitled deemed as a withdrawal from the contract. Further processing or rework of STÜKEN goods by the Customer may only be performed subsequent to resell receipt of written authorization from STÜKEN. Should the STÜKEN goods be further assembled or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain combined with other product/components which are not the property of BHJ until full payment STÜKEN, Customer shall grant to STÜKEN partial ownership of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled created product in relation to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item STÜKEN goods to the created product. The Customer is higher than entitled to sell the value delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STÜKEN. In the event of the re- served goods - co-ownership (fractional owner- ship) resale after processing the assignment shall apply as in the amount of the newly created item in the ratio of the sale value of the reserved goods of STÜKEN. The buyer is entitled to collect the value of assigned accounts receivable from the newly created itemthird party buyer, undertakes however to remit these to STÜKEN immediately. In STÜKEN reserves the event that no such ac- quisition of ownership should occur at BHJright to also collect the account receivable directly from the third party buyer, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items who is to be regarded as the main item, BHJ, named for this purpose. STÜKEN shall insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if securities held by him as their value exceeds shall exceed the amount of the accounts receivable to be secured claims by more than 50a total of 20 %. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods.

Appears in 2 contracts

Samples: stueken.de, stueken.de

Reservation of Title. For any current or future sale of goods to a pur- chaser located outside of Germany the following retention of title has been agreed: BHJ The Seller reserves title to the delivered goods until the entire pur- chase purchase price and any costs relating owed to the deliverySeller has been paid in full. In addition, dispatch and insurance the Seller reserves title to the delivered goods until all of the Seller’s claims arising from the business relationship with the Customer are satis- fied. If the delivered goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happenedare processed, the purchaser shall Seller is considered to be the manufacturer and acquires ownership to the new created good. If processing is done together with other materials, the Seller acquires ownership at the ratio between the invoice values of the Seller’s goods and the other materials. In the case the Seller’s goods are combined or mixed with another thing of the Customer, which is considered to be the main thing, co-ownership to the thing is transferred to the Seller at the ratio between the invoice value of the Seller’s goods and the invoice value of the main thing, or if an invoice value of the main thing is not be entitled available at the main thing’s market value. In these cases, the Customer is considered to act as a custodian. The Customer may not pledge or transfer by way of security any objects that are subject to a reservation of title or reservation of a right. The Customer is only permitted, as a reseller, to resell the such goods or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain the property of BHJ until full payment of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled to pro- cess and sell the goods subject to retention of title in within the ordinary course of business until subject to the conditi- on that the Customer assigned with legal effect to the Seller its claims against its customers in connection with the resale and that the Customer transfers ownership to its customers subject to payment. The Customer, hereby, assigns to the Seller, as a security, by signing this agreement, its claims against its customers in connection with such sales. The Seller hereby accepts this assignment. The Customer is obliged to promptly notify the Seller in the event of realization. Pledging and transfer of ownership by way of security are not permitted. If any access to the reserved goods are processed owned or co-owned by the pur- chaserSeller or any assigned claims. The Customer is obliged to promptly transfer to the Seller any assigned amounts collected by the Customer, it provided the Seller’s claim is agreed that due for payment. To the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or extent the value of the processed item is higher than Seller’s security interests exceeds the value of the re- served goods - co-ownership (fractional owner- ship) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such ac- quisition of ownership should occur at BHJ, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, BHJ, insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if their value exceeds the amount of the secured claims by more than 50%. BHJ has ten (10 ) percent, the right to select Seller will, at the items to be released thereafter. If BHJ withdraws from Customer‘s request, release the contract in case respective portion of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goodssuch security interests.

Appears in 1 contract

Samples: www.bmsaudio.com

Reservation of Title. For STUEKEN reserves the right to the property for the delivered object until all payments under the contract of delivery have been made in full. The Customer may neither pledge nor assign the delivered object for security. He must inform STUEKEN immediately in the case of pledges as well as seizure or any current or future sale other disposals by third parties. Should the Customer breach the terms of the written contract, including delinquent payment, STUEKEN reserves the right to reclaim the goods and the Customer agrees to return said goods to a pur- chaser located outside STUEKEN. STUEKEN's assertion of Germany the following retention reservation of title has been agreed: BHJ reserves title to as well as the goods until the entire pur- chase price and any costs relating to the delivery, dispatch and insurance pledging of the goods have been paid by the purchaser or security for the purchase price has been provided as agreed. Until this has happened, the purchaser delivered object shall not be entitled deemed as a withdrawal from the contract. Further processing or rework of STUEKEN goods by the Customer may only be performed subsequent to resell receipt of written authorization from STUEKEN. Should the STUEKEN goods be further assembled or otherwise dispose of the goods in any way violating BHJ's reservation of title. For any current or future sale of goods to a pur- chaser located in Germany the following retention of title has been agreed: The goods (“reserved goods”) delivered by BHJ to the purchaser remain combined with other product/components which are not the property of BHJ until full payment STUEKEN, Customer shall grant to STUEKEN partial ownership of all secured claims. The purchaser stores the reserved goods free of charge for BHJ. The purchaser is entitled created product in relation to pro- cess and sell the goods subject to retention of title in the ordinary course of business until the event of realization. Pledging and transfer of ownership by way of security are not permitted. If the reserved goods are processed by the pur- chaser, it is agreed that the processing is carried out in the name and for the account of BHJ as manufacturer and therefore acquires direct own- ership or - if the processing is carried out using materials from several owners or the value of the processed item STUEKEN goods to the created product. The Customer is higher than entitled to sell the value delivered goods - also after further processing - in usual and proper business transactions. However, he undertakes to reserve the right to ownership until his purchase price claim has been paid in full. Independent of this the Customer hereby assigns already the accounts receivable against his buyer to which he is entitled from the resale with all secondary rights to STUEKEN. In the event of the re- served goods - co-ownership (fractional owner- ship) resale after processing the assignment shall apply as in the amount of the newly created item in the ratio of the sale value of the reserved goods of STUEKEN. The buyer is entitled to collect the value of assigned accounts receivable from the newly created itemthird party buyer, undertakes however to remit these to STUEKEN immediately. In STUEKEN reserves the event that no such ac- quisition of ownership should occur at BHJright to also collect the account receivable directly from the third party buyer, the purchaser hereby transfers his future ownership or - in the above ratio - co-ownership of the newly created item to BHJ as security. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items who is to be regarded as the main item, BHJ, named for this purpose. STUEKEN shall insofar as the main item belongs to BHJ, transfers to the purchaser proportionate co-own- ership of the uniform item in the above specified ratio. In the event of resale of the reserved goods, the purchaser hereby assigns by way of security the resulting claim against the purchaser - in the case of co-ownership of BHJ of the reserved goods, proportionally in accordance with the co-owner- ship share - to BHJ. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. BHJ revocable au- thorizes the purchaser to collect the claims as- signed to BHJ in his own name. BHJ may only re- voke this direct debit authorization in the event of realization. If third parties seize the reserved goods, in particular by seizure, the purchaser will immediately inform them of the ownership of BHJ and inform BHJ of this in order to enable BHJ to enforce its ownership rights. If the third party is not in a position to reimburse BHJ for the court or out-of-court costs incurred in this connection, the purchaser is liable for these costs to BHJ. BHJ will release the reserved goods and the items or claims taking their place if securities held by him as their value exceeds shall exceed the amount of the accounts receivable to be secured claims by more than 50a total of 20 %. BHJ has the right to select the items to be released thereafter. If BHJ withdraws from the contract in case of breach of contract by the purchaser - in particular default of payment – BHJ is entitled to demand return of the reserved goods.

Appears in 1 contract

Samples: stueken.de

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