Common use of Transfer of Title and Risk Clause in Contracts

Transfer of Title and Risk. The title and the risk of the Goods transfer from the Other Party to RWE at the moment that the Goods were actually delivered and were accepted unambiguously by RWE in accordance with these Purchase Terms and Conditions and/or the Agreement, unless the Parties expressly stipulate otherwise in the Agreement or the Goods are rejected by RWE after the delivery in pursuance of article 12. If RWE is in conformity with the Agreement held to pay an advance for the Goods to be delivered, then the title of the said Goods transfers from the Other Party to RWE at the moment of the first payment thereof. Up to delivery and acceptance of the Goods by RWE the risk of the Goods shall be vested in the Other Party who can be qualified as the holder of the said Goods for RWE. In addition to the provisions set forth in this article the title and the risk of rights also transfer from the Other Party to RWE at the moment of signature of a relevant written agreement by and between the Other Party and RWE. In case of full or partial rejection of the Goods in pursuance of article 12 the risk and the title are deemed to have never transferred to RWE. RWE is entitled to store the Goods at the expense and risk of the Other Party. All goods and documents made available to the Other Party by RWE within the framework of the Agreement remain the property of RWE. The Other Party shall return the said goods and documents immediately after the completion of the contract, or as much sooners as with reason possible, to RWE. All goods developed and/or manufactured by the Other Party within the framework of the Agreement, including but not limited to drawings, sketches, moulds, dies, prototypes, computer software in the form of source code, object code and/or print-outs and the thereto-pertaining Documentation and other Tools, become, immediately after manufacture, the property of RWE. In case of postponement of delivery of the Goods in accordance with the provisions set forth in article 6.9 the title of the relevant Goods transfers from the Other Party to RWE at the moment that the Goods are identifiably stored as property of RWE at or on behalf of the Other Party. The Other Party guarantees that RWE acquires the unencumbered title of the Goods. The Other Party hereby waives all rights and authorities with regard to the Goods that the Other Party is entitled to pursuant to a right of retention or right to complain.

Transfer of Title and Risk. The title and the risk of the Goods transfer from the Other Party to RWE Essent at the moment that the Goods were actually delivered and were accepted unambiguously by RWE Essent in accordance with these Purchase Terms and Conditions and/or the Agreement, unless the Parties expressly stipulate otherwise in the Agreement or the Goods are rejected by RWE Essent after the delivery in pursuance of article 12. If RWE Essent is in conformity with the Agreement held to pay an advance for the Goods to be delivered, then the title of the said Goods transfers from the Other Party to RWE Essent at the moment of the first payment thereof. Up to delivery and acceptance of the Goods by RWE Essent the risk of the Goods shall be vested in the Other Party who can be qualified as the holder of the said Goods for RWEEssent. In addition to the provisions set forth in this article the title and the risk of rights also transfer from the Other Party to RWE Essent at the moment of signature of a relevant written agreement by and between the Other Party and RWEEssent. In case of full or partial rejection of the Goods in pursuance of article 12 the risk and the title are deemed to have never transferred to RWEEssent. RWE Essent is entitled to store the Goods at the expense and risk of the Other Party. All goods and documents made available to the Other Party by RWE Essent within the framework of the Agreement remain the property of RWEEssent. The Other Party shall return the said goods and documents immediately after the completion of the contract, or as much sooners as with reason possible, to RWEEssent. All goods developed and/or manufactured by the Other Party within the framework of the Agreement, including but not limited to drawings, sketches, moulds, dies, prototypes, computer software in the form of source code, object code and/or print-outs and the thereto-pertaining Documentation and other Tools, become, immediately after manufacture, the property of RWEEssent. In case of postponement of delivery of the Goods in accordance with the provisions set forth in article 6.9 the title of the relevant Goods transfers from the Other Party to RWE Essent at the moment that the Goods are identifiably stored as property of RWE Essent at or on behalf of the Other Party. The Other Party guarantees that RWE Essent acquires the unencumbered title of the Goods. The Other Party hereby waives all rights and authorities with regard to the Goods that the Other Party is entitled to pursuant to a right of retention or right to complain.