Retention of Title. 1. Alle gelieferten Waren bleiben unser Eigentum (Vorbehaltsware) bis zur Erfüllung sämtlicher Forderungen aus der Geschäftsverbindung, gleich aus welchem Rechtsgrund, einschließlich der künftig entstehenden oder bedingten Forde- rungen (Saldovorbehalt). Der Saldovorbehalt gilt jedoch nicht für Vorkasse- oder Bargeschäfte, die Zug-um-Zug abgewickelt werden. In diesem Fall bleiben die gelieferten Waren in unserem Eigentum, bis der Kaufpreis für diese Waren vollständig gezahlt ist. 1. All goods delivered by us remain our property (Reserved Property) until all claims arising from our business contacts have been settled, regardless of the origin of the claims and including future or con- ditional claims (current account reservation). The current account reservation is not applicable in in prepayment or delivery vs payment xxxxx.Xx these cases, the goods remain our property until the pur- chase price for these goods has been paid in full.
Retention of Title. 1. Bezüglich der Eigentumsvorbehaltsrechte des Lieferanten gelten dessen Bedingungen mit der Maßgabe, dass das Eigentum an der Ware mit ihrer Bezahlung auf uns übergeht und dementsprechend die Erweiterungsformen des sogenannten Kontokorrent- und Konzernvorbehaltes nicht gelten. 1. The supplier's terms covering his retention of title shall apply subject to the condition that title to the goods shall pass to us on the date of payment for such goods. Consequently, the extended forms of the so-called current account retention (Kontokorrentvorbehalt) shall not apply.
Retention of Title. The delivered goods shall remain our property until full payment of the purchase price (remuneration for works and services) including all ancillary costs or encashment of any bills of exchange or cheques given in payment. The acceptance of cheques or bills of exchange shall not affect the agreed retention of title. The retention of title in respect of the contractual goods shall also apply to claims pertaining to other supplies, and shall thus remain in place unless and until all claims available to us against the Customer have been paid in their entirety, irrespective of the supply to which they relate. Claims may be enforced over all goods stored in the warehouse of the Customer, irrespective of the time of supply and of any partial payments made during the intervening period. In the event of a breach of contract by the Customer, including in particular non-payment, we shall be entitled to take back all goods held within internal and external storage locations of the Customer up to the value of our outstanding claims at the cost of the Customer and where appropriate to require the assignment of any claims to surrender available to the Customer against third parties. If the goods subject to retention of title have been processed along with goods of third parties or of the Customer, we shall acquire joint ownership over the newly produced item. The same shall apply in the event that the goods subject to reservation of title have been amalgamated or mixed with goods of third parties or of the Customer. The level of our joint ownership share shall be determined in accordance with the value of the goods subject to reservation of title in relation to the other goods. The new items created as a result of processing, amalgamation or mixing shall constitute goods subject to retention of title, insofar as they are owned or jointly owned by us. The Customer is obliged to handle goods subject to retention of title with care and to insure them appropriately against all normal risks, including in particular fire, theft and water risks. Proof of insurance shall be presented to us upon request. Upon request by us, the Customer shall store the goods subject to retention of title separately and designate them as our property. Any claims available to the Customer against third parties on account of the loss of or damage to goods subject to retention of title, including in particular claims against insurers and damages claims, are hereby assigned to us. The Customer shall ...
Retention of Title. 8.1 All goods delivered shall remain our property until all claims arising from the business relationship with the Buyer including subsidiary claims are settled and bills of exchange or cheques received are honoured.
Retention of Title. Legal title to all delivered Goods remains with Mondi until the Customer has paid all sums owing to Mondi in connection with the respective Contract and all other obligations of the Customer towards Mondi arising under or in connection with the respective Contract have been fulfilled. The Customer is obliged to appropriately insure the Goods still owned by Mondi against all common risks, particularly against fire, burglary or damage caused by water at its own expense, to treat them cautiously and store them properly. The Customer shall at all times store the Goods in such a manner as shall facilitate identification of them both generally and by reference to invoices in respect thereof. The Customer shall be entitled to sell the Goods in the usual course of business. Any possible claims resulting from such sale shall herewith be assigned to Mondi in advance and the Customer shall undertake all necessary publicity requirements for enforceability of such assignment, such as registration in the book accounts and by notifying the purchaser of the assignment and retention of title. If the Customer sells any goods co-owned by Mondi, the assignment shall apply to the amounts received to the same extent as this co-ownership. Mondi shall be entitled to collect the assigned sum. Any processing of the Goods by the Customer takes place on behalf of Mondi without imposing obligations on Mondi. If the Goods are processed with other goods not owned by Mondi, Mondi acquires a co-ownership on the newly produced goods pro rata the value of the delivered Goods at the time of the processing. 9.
Retention of Title. Ein etwaiger Eigentumsvorbehalt berechtigt den Verkäufer nur dann die Ware heraus zu verlangen, wenn er zuvor vom Vertrag zu- rückgetreten ist. The Seller may claim return of the merchan- dise on the basis o fa retention of title clause only if he has previously withdrawn from the contract.
Retention of Title. Any delivery shall remain property of NEUMAN until full settlement of all payments relating to the delivery, including accessory payments such as interest and expenses. The customer shall store goods, which are subject to retention of title by XXXXXX, separately and in a proper manner and take out appropriate insurance cover for such goods. The customer may in the normal course of business further process or re-sell the goods, which are subject to retention of title by XXXXXX; provided, however, that pledging or protective conveyance of the goods may only be made upon prior written approval from NEUMAN. In the event of further processing of the goods, XXXXXX’x retention of title shall also extend to such products as may result from such further processing. If goods, which are subject to retention of title by NEUMAN, are further processed or joined to or mixed with other materials, NEUMAN shall obtain common ownership on the product which thus arises in the proportion of the value of the goods supplied by NEUMAN to the value of the other materials. In any such event the customer shall be deemed a custodian of the goods and be obliged to participate in all measures which may be necessary or useful to protect ownership of NEUMAN. If third parties assert or intend to assert rights over the goods subject to retention of title, the customer, else being liable for all damages, shall without delay inform NEUMAN accordingly. In the event of a re-sale of the goods the customer, simultaneously with such re-sale, assigns to NEUMAN its purchase price receivable against the respective purchaser of the goods. Deliveries repossessed by NEUMAN pursuant to the assertion of the retention of title shall be taken back at their scrap value, whereby the costs of return transport shall be borne by the customer. The customer shall, however, be credited any gains from sales beyond the scrap value. Tools manufactured by NEUMAN for the purpose of producing the ordered goods shall remain property of NEUMAN even if the customer paid for the tools.
Retention of Title. The goods supplied shall only be transferred into the property of buyer when buyer has paid for them to us in full. In case of processing of goods that are subject to retention of title, we shall be deemed producer and shall acquire title to the newly manufactured products. If the goods subject to retention of title are processed, combined or mixed with goods that are the property of third parties, we acquire co-ownership rights of the products manufactured in this process in the proportion of the calculated value of the goods subject to retention of title to the calculated value of the other materials. If the goods subject to retention of title are processed, combined or mixed with a major item that at that point in time is already the property of buyer, buyer already now transfers his title of ownership of the new product to us. Buyer shall store the goods subject to retention of title applying the due care and diligence of a prudent businessman and take out insurance for them to cover the usual storage risks. He shall transfer his claims under the insurance to us already at this time. At our request buyer shall grant us the right of access for taking stock and possession of our goods. Should a third party make a claim on our property, buyer shall secure and defend our property rights by employing all suitable means and notifying us immediately. As long as buyer duly meets his obligations to us, he is entitled to make use of the goods subject to retention in the ordinary course of business and to collect claims derived from the resale of goods subject to retention. In return, buyer already now transfers to us all claims, plus collateral and security rights including bills of exchange and checks, derived from this resale or from another legal title against his customers or third parties. In case of a resale of goods subject to retention, buyer undertakes to provide the required information (notification of the third-party debtor). Buyer has no right to pledge the goods subject to retention or the assigned claim to third parties or to assign it as a security to third parties. The permission to resell the goods subject to retention shall not apply if buyer and his customer rule out the assignment of the claim deriving from the resale. Buyer shall notify us immediately of any access (or access attempts) of third parties to the goods subject to retention or to assigned claims. Buyer shall compensate us for all damage and costs that have been caused by a viola...
Retention of Title. 1. Die gelieferte Xxxx bleibt bis zur voll- ständigen Zahlung des Kaufpreises im Ei- gentum des Verkäufers. Der Käufer ist ver- pflichtet, die zur Erhaltung des Eigentums- vorbehalts – oder eines im Land seiner Nie- derlassung oder in einem davon abwei- chenden Bestimmungsland vergleichbaren Sicherungsrechts – erforderlichen Maßnah- men zu ergreifen und uns auf Verlangen nachzuweisen. 1. The goods delivered to the Buyer shall remain our property until the full purchase price is paid. The Buyer shall take all measures required to preserve the reten- tion of title – or of an equivalent security in the country of his branch or in a different country of destination -, and to provide the corresponding evidence upon our request.
Retention of Title. 1. Das Eigentum gelieferter Waren wird unter der aufschiebenden Bedingung der vollständigen Zahlung des Kaufpreises übertragen. Darüber hinaus bleiben alle gelieferten Waren unser Ei- gentum (Vorbehaltsware) bis zur Erfüllung sämt- licher Forderungen, insbesondere auch der je- weiligen Saldoforderungen, die uns im Rahmen der Geschäftsbeziehung zustehen (Saldovorbe- halt). Dies gilt auch für künftig entstehende und bedingte Forderungen, z.B. aus Akzeptanten- wechseln, und auch, wenn Zahlungen auf be- sonders bezeichnete Forderungen geleistet wer- den. Dieser Saldovorbehalt erlischt endgültig mit dem Ausgleich aller im Zeitpunkt der Auszahlung bereits zur Entstehung gelangten, noch offenen und von diesem Saldovorbehalt erfassten Forde- rungen. Der Saldovorbehalt gilt jedoch nicht für Vorkasse- oder Bargeschäfte, die Zug um Zug abgewickelt werden. 1. Ownership of the delivered goods is trans- ferred subject to the condition precedent that the purchase price is paid in full. Furthermore, all goods delivered to the Buyer shall remain our property (Reserved Property) until all of the Buyer’s accounts resulting from the business relationship with him, in particular any account balances have been settled. This condition shall apply to any future as well as any condi- tional claims including accepted notes and such cases where the Buyer will affect pay- ments on specifically designated claims. As soon as the Buyer has settled his accounts with us in full, he shall obtain title to those goods which were delivered to him before such payment was effected. However, the account retention does not apply to advance payment or cash transactions, which are dealt with as and when they come up.