Common use of Title to Goods Clause in Contracts

Title to Goods. 16.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 Receipt by the Supplier 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. 16.3 It is further agreed that: (a) until ownership of the Goods passes to the Client in accordance with clause 16.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) the Supplier 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 the Supplier; and (h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 2 contracts

Sources: Supply Agreement, Supply Agreement

Title to Goods. 16.1 The Supplier 11.1 Proquip and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier Proquip all amounts owing to the SupplierProquip; and (b) the Client has met all of its other obligations to the SupplierProquip. 16.2 11.2 Receipt by the Supplier 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. 16.3 11.3 It is further agreed that: (a) that until ownership of the Goods passes to the Client in accordance with clause 16.1 that 11.1: (a) the Client is only a bailee of the Goods and must return the Goods to the Supplier Proquip on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier Proquip and must pay to the Supplier 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 the Supplier Proquip and must pay or deliver the proceeds to the Supplier 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 the Supplier Proquip and must sell, dispose of or return the resulting product to the Supplier Proquip as it so directs; (e) the Client irrevocably authorises the Supplier Proquip to enter any premises where the Supplier ▇▇▇▇▇▇▇ believes the Goods are kept and recover possession of the Goods; (f) the Supplier 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 the Supplier; andProquip; (h) the Supplier Proquip may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 2 contracts

Sources: Contract, Contract

Title to Goods. 16.1 The Supplier 12.1 TDD and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier TDD all amounts owing to the SupplierTDD; and (b) the Client Customer has met all of its other obligations to the SupplierTDD. 16.2 12.2 Receipt by the Supplier TDD 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. 16.3 12.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier TDD on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier TDD and must pay to the Supplier TDD the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier TDD and must pay or deliver the proceeds to the Supplier TDD on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier TDD and must sell, dispose of or return the resulting product to the Supplier TDD as it so directs;. (e) the Client Customer irrevocably authorises the Supplier TDD to enter any premises where the Supplier TDD believes the Goods are kept and recover possession of the Goods;. (f) the Supplier TDD may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andTDD. (h) the Supplier TDD may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 The Supplier 9.1 Jacmor and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier Jacmor all amounts owing to the SupplierJacmor; and (b) the Client has met all of its other obligations to the SupplierJacmor. 16.2 9.2 Receipt by the Supplier Jacmor 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. 16.3 9.3 It is further agreed that: (a) that until ownership of the Goods passes to the Client in accordance with clause 16.1 that 9.1: (a) the Client is only a bailee of the Goods and must return the Goods to the Supplier Jacmor on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier Jacmor and must pay to the Supplier Jacmor 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 the Supplier Jacmor and must pay or deliver the proceeds to the Supplier Jacmor 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 the Supplier Jacmor and must sell, dispose of or return the resulting product to the Supplier Jacmor as it so directs; (e) the Client irrevocably authorises the Supplier Jacmor to enter any premises where the Supplier Jacmor believes the Goods are kept and recover possession of the Goods; (f) the Supplier Jacmor 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 the Supplier; andJacmor; (h) the Supplier Jacmor may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 The Supplier 26.1 KH and the Client You agree that ownership of the Goods shall will not pass to You until: (a) the Client KH has paid the Supplier received all amounts owing to the SupplierKH by You in accordance with this Agreement; and (b) the Client has You have met all of its other Your obligations to the SupplierKH under this Agreement. 16.2 Receipt by the Supplier 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. 16.3 It is further agreed that: (a) until 26.2 Until ownership of the Goods passes to the Client You in accordance with clause 16.1 that the Client is 27.1: (a) You are only a bailee of the Goods and must return the Goods to the Supplier KH on request; (b) the Client holds You hold the benefit of the Client’s Your insurance of the Goods on trust for the Supplier KH and must pay to the Supplier KH the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client You 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 sellsYou sell, disposes dispose or parts part with possession of the Goods then the Client You must hold the proceeds of any such act on trust for the Supplier KH and must pay or deliver the proceeds to the Supplier KH on demand; (d) the Client You should not convert or process the Goods or intermix them with other goods but but, if the Client does so You do, then the Client holds You hold the resulting product on trust for the benefit of the Supplier KH and must sell, dispose of or return the resulting product to the Supplier KH as it so directs; (e) the Client You irrevocably authorises the Supplier authorise KH to enter any premises where the Supplier ▇▇ believes the Goods are kept and recover possession of the Goods; (f) the Supplier KH may recover possession of any Goods in transit whether or not Delivery delivery has occurred;; and (g) the Client shall You must not charge or grant an encumbrance over the Goods nor grant nor or otherwise give away any interest in the Goods while they remain the property of the Supplier; andGoods. (h) the Supplier 26.3 KH may commence proceedings to recover the Price of for the Goods sold to You notwithstanding that ownership of the Goods has not passed to the ClientYou.

Appears in 1 contract

Sources: General Terms and Conditions

Title to Goods. 16.1 The Supplier 10.1 Walkie Talkie and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier Walkie Talkie all amounts owing to the SupplierWalkie Talkie; and (b) the Client has met all of its other obligations to the SupplierWalkie Talkie. 16.2 10.2 Receipt by the Supplier Walkie Talkie 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. 16.3 10.3 It is further agreed that: (a) until ownership of the Goods passes to the Client in accordance with clause 16.1 10.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier Walkie Talkie on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier Walkie Talkie and must pay to the Supplier Walkie Talkie 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 the Supplier Walkie Talkie and must pay or deliver the proceeds to the Supplier Walkie Talkie 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 the Supplier Walkie Talkie and must sell, dispose of or return the resulting product to the Supplier Walkie Talkie as it so directs; (e) the Client irrevocably authorises the Supplier ▇▇▇▇▇▇ Talkie to enter any premises where the Supplier ▇▇▇▇▇▇ Talkie believes the Goods are kept and recover possession of the Goods; (f) the Supplier Walkie Talkie 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 the SupplierWalkie Talkie; and (h) the Supplier Walkie Talkie may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Service Agreement

Title to Goods. 16.1 The Supplier 8.1 DWW and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier DWW all amounts owing to the SupplierDWW; and (b) the Client Customer has met all of its other obligations to the SupplierDWW. 16.2 8.2 Receipt by the Supplier DWW 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. 16.3 8.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 8.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier DWW on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier DWW and must pay to the Supplier DWW the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier DWW and must pay or deliver the proceeds to the Supplier DWW on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier DWW and must sell, dispose of or return the resulting product to the Supplier DWW as it so directs;. (e) the Client Customer irrevocably authorises the Supplier DWW to enter any premises where the Supplier DWW believes the Goods are kept and recover possession of the Goods;. (f) the Supplier DWW may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andDWW. (h) the Supplier DWW may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 The Supplier 12.1 TRS and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier TRS all amounts owing to the SupplierTRS; and (b) the Client Customer has met all of its other obligations to the SupplierTRS. 16.2 12.2 Receipt by the Supplier TRS 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. 16.3 12.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier TRS on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier TRS and must pay to the Supplier TRS the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier TRS and must pay or deliver the proceeds to the Supplier TRS on demand; (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier TRS and must sell, dispose of or return the resulting product to the Supplier TRS as it so directs; (e) the Client Customer irrevocably authorises the Supplier TRS to enter any premises where the Supplier ▇▇▇ believes the Goods are kept and recover possession of the Goods; (f) the Supplier TRS may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client Customer 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 the Supplier; andTRS; (h) the Supplier TRS may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 (a) The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) : • the Client has paid the Supplier all amounts owing to the Supplier; and (b) and • the Client has met all of its other obligations to the Supplier. 16.2 (b) Receipt by the Supplier 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. 16.3 (c) It is further agreed that: (a) : • until ownership of the Goods passes to the Client in accordance with clause 16.1 (a) that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request; (b) ; • the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) ; • the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) ; • the Supplier 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 the Supplier; and (h) and • the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Service Agreement

Title to Goods. 16.1 The Supplier 12.1 Giltrap and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier Giltrap all amounts owing to the SupplierGiltrap; and (b) the Client Customer has met all of its other obligations to the SupplierGiltrap. 16.2 12.2 Receipt by the Supplier Giltrap 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. 16.3 12.3 It is further agreed that: (a) that until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 that 12.1: (a) the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier Giltrap on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier Giltrap and must pay to the Supplier Giltrap the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier Giltrap and must pay or deliver the proceeds to the Supplier Giltrap 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) the Client Customer irrevocably authorises the Supplier Giltrap to enter any premises where the Supplier Giltrap believes the Goods are kept and recover possession of the Goods; (fe) the Supplier Giltrap may recover possession of any Goods in transit whether or not Delivery has occurred; (gf) the Client Customer 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 the Supplier; andGiltrap; (hg) the Supplier Giltrap may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 The Supplier 9.1 B&B Timbers and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier B&B Timbers all amounts owing to the SupplierB&B Timbers; and (b) the Client Customer has met all of its other obligations to the SupplierB&B Timbers. 16.2 9.2 Receipt by the Supplier B&B Timbers 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. 16.3 9.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 9.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier B&B Timbers on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier B&B Timbers and must pay to the Supplier B&B Timbers the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier B&B Timbers and must pay or deliver the proceeds to the Supplier B&B Timbers on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier B&B Timbers and must sell, dispose of or return the resulting product to the Supplier B&B Timbers as it so directs;. (e) the Client Customer irrevocably authorises the Supplier B&B Timbers to enter any premises where the Supplier B&B Timbers believes the Goods are kept and recover possession of the Goods;. (f) the Supplier B&B Timbers may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andB&B Timbers. (h) the Supplier B&B Timbers may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 10.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 10.2 Receipt by the Supplier 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. 16.3 10.3 It is further agreed that: (a) that until ownership of the Goods passes to the Client in accordance with clause 16.1 that 10.1: (a) the Client is only a bailee of the Goods and must return the Goods to the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) the Supplier may recover possession of any Goods in transit whether or not Delivery 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 the Supplier; and; (h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Terms & Conditions of Trade

Title to Goods. 16.1 24.1 The Supplier Company and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier Company all amounts owing to the SupplierCompany; and (b) the Client Customer has met all of its other obligations to the SupplierCompany. 16.2 24.2 Receipt by the Supplier Company 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. 16.3 24.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 24.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier Company on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier Company and must pay to the Supplier Company the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier Company and must pay or deliver the proceeds to the Supplier Company on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier Company and must sell, dispose of or return the resulting product to the Supplier Company as it so directs;. (e) the Client Customer irrevocably authorises the Supplier Company to enter any premises where the Supplier Company believes the Goods are kept and recover possession of the Goods;. (f) the Supplier Company may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andCompany. (h) the Supplier Company may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Standard Terms and Conditions

Title to Goods. 16.1 The Supplier 9.1 NGPS and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier NGPS all amounts owing to the SupplierNGPS; and (b) the Client Customer has met all of its other obligations to the SupplierNGPS. 16.2 9.2 Receipt by the Supplier NGPS 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. 16.3 9.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 9.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier NGPS on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier NGPS and must pay to the Supplier NGPS the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier NGPS and must pay or deliver the proceeds to the Supplier NGPS on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier NGPS and must sell, dispose of or return the resulting product to the Supplier NGPS as it so directs;. (e) the Client Customer irrevocably authorises the Supplier NGPS to enter any premises where the Supplier ▇▇▇▇ believes the Goods are kept and recover possession of the Goods;. (f) the Supplier NGPS may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andNGPS. (h) the Supplier NGPS may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 The Supplier 11.1 ▇▇▇▇ Hire and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier ▇▇▇▇ Hire all amounts owing to the Supplier▇▇▇▇ Hire; and (b) the Client has met all of its other obligations to the Supplier▇▇▇▇ Hire. 16.2 11.2 Receipt by the Supplier ▇▇▇▇ Hire 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. 16.3 11.3 It is further agreed that: (a) that until ownership of the Goods passes to the Client in accordance with clause 16.1 that 11.1: (a) the Client is only a bailee of the Goods and must return the Goods to the Supplier ▇▇▇▇ Hire on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier ▇▇▇▇ ▇▇▇▇ and must pay to the Supplier ▇▇▇▇ Hire 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 the Supplier ▇▇▇▇ Hire and must pay or deliver the proceeds to the Supplier ▇▇▇▇ Hire 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 the Supplier ▇▇▇▇ Hire and must sell, dispose of or return the resulting product to the Supplier ▇▇▇▇ Hire as it so directs; (e) the Client irrevocably authorises the Supplier ▇▇▇▇ Hire to enter any premises where the Supplier ▇▇▇▇ ▇▇▇▇ believes the Goods are kept and recover possession of the Goods; (f) the Supplier ▇▇▇▇ Hire 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 the Supplier; and▇▇▇▇ Hire; (h) the Supplier ▇▇▇▇ Hire may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Contract

Title to Goods. 16.1 8.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 8.2 Receipt by the Supplier 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. 16.3 8.3 It is further agreed that: (a) until ownership of the Goods passes to the Client in accordance with clause 16.1 8.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) the Supplier 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 the Supplier; and (h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Supply Agreement

Title to Goods. 16.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 Receipt by the Supplier 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. 16.3 23.1 It is further agreed that: (a) , until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 that 7.11: (a) the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier Provider on request; (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier Provider and must pay to the Supplier Provider the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier Provider and must pay or deliver the proceeds to the Supplier Provider on demand; (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier Provider and must sell, dispose of or return the resulting product to the Supplier Provider as it so directs; (e) the Client Customer irrevocably authorises the Supplier Provider to enter any premises where the Supplier Provider believes the Goods are kept and recover possession of the Goods; (f) the Supplier Provider may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client Customer 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 the Supplier; andProvider; (h) the Supplier Provider may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Confidentiality Agreement

Title to Goods. 16.1 9.1 The Supplier Company and the Client agree that ownership of the Goods shall not pass until: (a) until the Client has paid the Supplier Company all amounts owing to the Supplier; and (b) Company and the Client has met all of its other obligations to the SupplierCompany. 16.2 9.2 Receipt by the Supplier of any form of payment other than cash shall Company will not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 16.3 9.3 It is further agreed that: (a) until Until ownership of the Goods passes to the Client in accordance with clause 16.1 9.1 that the Client is only a bailee of the Goods and must immediately return the Goods to the Supplier Company on request;. (b) The Client shall, if directed by the Company, store the Goods in such a way that it is clear they are the property of the Company. (c) The Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier Company and must shall pay to the Supplier Company the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (cd) the The Client must shall 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 the Supplier Company and must pay or deliver the proceeds to the Supplier on demand;Company within 2 business days. (de) the 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 the Supplier and Company must sell, dispose of or return the resulting product to the Supplier Company as it so the Company directs;. (ef) Until ownership of the Goods passes to the Client the Client irrevocably authorises the Supplier Company and its agents to enter any premises where the Supplier Company believes the Goods are kept and recover possession of the Goods;. (fg) Until ownership of the Supplier Goods passes to the Client the Company may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (gh) the The Client shall must 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 the Supplier; andCompany. (hi) the Supplier The Company may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Terms and Conditions

Title to Goods. 16.1 The Supplier 12.1 MFM and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client The Customer has paid the Supplier MFM all amounts owing to the SupplierMFM; and (b) the Client The Customer has met all of its other obligations to the SupplierMFM. 16.2 12.2 Receipt by the Supplier MFM 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. 16.3 12.3 It is further agreed that: (a) until Until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 12.1 that the Client Customer is only a bailee of the Goods and must return the Goods to the Supplier MFM on request; (b) the Client The Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier MFM and must pay to the Supplier MFM the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client The Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier MFM and must pay or deliver the proceeds to the Supplier MFM on demand; (d) the Client The Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier MFM and must sell, dispose of or return the resulting product to the Supplier MFM as it so directs; (e) the Client The Customer irrevocably authorises the Supplier MFM to enter any premises where the Supplier MFM believes the Goods are kept and recover possession of the Goods; (f) the Supplier MFM may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client The Customer 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 the SupplierMFM; and (h) the Supplier MFM may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Service Agreement

Title to Goods. 16.1 The Supplier a) Notwithstanding delivery and the Client agree that ownership passing of risk in the Goods goods, or any other provisions of these conditions, the property in the goods shall not pass until:to the Buyer until the Seller has received in cash or cleared sums payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer, together with any interest or other sums payable under the relevant contract in respect of the goods and such other goods. (ab) The Buyer may, while not in default in terms of Clause 11 below, sell goods notwithstanding the Client Seller’s title. c) Any sale by the Buyer of goods owned by the Seller shall, as between the Buyer and person to whom the Buyer sells, be made by the Buyer as principal, but the proceeds of sale shall belong to the Seller to extent that the Buyer has not paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment Seller for such goods until that form of such payment has been honouredmade, cleared or recognisedand until such time the proceeds shall be held by the Buyer in a fiduciary capacity on behalf of the Seller and shall be kept in a separate account without prejudice to the Seller’s rights to trace same if the Buyer fails to keep the proceeds separate as aforesaid. 16.3 It is further agreed that: (ad) until ownership The Buyer will, if the Seller so requires, assign to the Seller free of charge the Buyer’s rights to unpaid resale proceeds of the Goods passes to the Client in accordance with clause 16.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request;Seller’s goods. (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs; (e) Pending delivery of goods owned by the Client irrevocably authorises Seller pursuant to a resale authorised by this Condition, the Supplier Buyer shall store the same on its property in such a way as to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) the Supplier 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 keep them clearly identified as being the property of the Supplier; andSeller and will take such care of them (including effecting ail proper insurance) as a careful businessman would take of his own property. f) The Seller may while owner of the goods (and without prejudice to any other rights it may have under or by virtue of the contract) demand the immediate return of the goods at any time and the Buyer shall forthwith comply with such demand and bear the expense of such return. The Seller will not exercise such right without giving 3 days prior written notice unless the Buyer fails to pay for the goods in whole or in part on the due date or if before the due date any of the events referred to in Clause 13 below occurs. g) If the Buyer fails forthwith to return goods so demanded the Seller may enter on the Buyer’s premises for the purpose of removing the goods (the cost of doing which shall be borne by the Buyer) or may sell or otherwise deal with the goods. h) The Buyer hereby grants licence to the Supplier Seller and its successors in title to goods, their respective employees and agents to enter on to the Buyer’s premises for the purpose of removing the goods and where goods are on premises other than the Buyer’s own the Buyer shall use its best endeavours to procure such licence from the appropriate person. The Buyer will give any assistance required by the Seller to register the Seller’s right to entry and will pay reasonable costs and expenses incurred by the Seller in effecting any such registration. i) The foregoing rights of the Seller are in addition to and in lieu of any other rights it may commence proceedings have at common law or by statute including the right to payment for goods and the right to recover the Price goods. j) Each right or obligation contained in this Clause 6 or any other provision of the Goods sold notwithstanding that ownership Contract (or of these conditions) shall be construed as a separate right or obligation or provision and if any of the Goods has not passed rights or obligations set out in this clause or any other provision of the Contract (or of these conditions) is held by any competent authority to be invalid or unenforceable in whole or in part for any reason including lack of registration then the Clientvalidity of the other rights and obligations set out in this clause or the other provisions of the Contract (or of these conditions) shall be unaffected and the remaining rights and obligations and other provisions shall construe in full force and effect and shall bind the Buyer.

Appears in 1 contract

Sources: Sales Contracts

Title to Goods. 16.1 12.1 The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier. 16.2 12.2 Receipt by the Supplier 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. 16.3 12.3 It is further agreed that: (a) until ownership of the Goods passes to the Client in accordance with clause 16.1 clause 12.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier 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 the Supplier and must pay or deliver the proceeds to the Supplier 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 the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.; (e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods; (f) the Supplier 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 the Supplier; and; (h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Appears in 1 contract

Sources: Supply Agreement

Title to Goods. 16.1 The Supplier 10.1 Customvac and the Client Customer agree that ownership of the Goods shall not pass until: (a) the Client Customer has paid the Supplier Customvac all amounts owing to the SupplierCustomvac; and (b) the Client Customer has met all of its other obligations to the SupplierCustomvac. 16.2 10.2 Receipt by the Supplier Customvac 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. 16.3 10.3 It is further agreed that: (a) until ownership of the Goods passes to the Client Customer in accordance with clause 16.1 10.1 that the Client Customer is only a bailee Bailee of the Goods and must return the Goods to the Supplier Customvac on request;. (b) the Client Customer holds the benefit of the ClientCustomer’s insurance of the Goods on trust for the Supplier Customvac and must pay to the Supplier Customvac the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;. (c) the Client Customer 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 Customer sells, disposes or parts with possession of the Goods then the Client Customer must hold the proceeds of any such act on trust for the Supplier Customvac and must pay or deliver the proceeds to the Supplier Customvac on demand;. (d) the Client Customer should not convert or process the Goods or intermix them with other goods but if the Client Customer does so then the Client Customer holds the resulting product on trust for the benefit of the Supplier Customvac and must sell, dispose of or return the resulting product to the Supplier Customvac as it so directs;. (e) the Client Customer irrevocably authorises the Supplier Customvac to enter any premises where the Supplier Customvac believes the Goods are kept and recover possession of the Goods;. (f) the Supplier Customvac may recover possession of any Goods in transit whether or not Delivery delivery has occurred;. (g) the Client Customer 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 the Supplier; andCustomvac. (h) the Supplier Customvac may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the ClientCustomer.

Appears in 1 contract

Sources: Contract