Common use of Retention of Title Clause in Contracts

Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. Seller shall be entitled to recover directly from Buyer's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to Seller’s title and immediately inform Seller of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 6 contracts

Samples: usermanual.wiki, Terms and Conditions, www.eaton.com

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Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products Products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. Seller shall be entitled to recover directly from Buyer's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to Seller’s title and immediately inform Seller of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 3 contracts

Samples: www.eaton.eu, www.eaton.fi, www.eaton.com

Retention of Title. (1) Seller retains title to all Products delivered goods supplied by Seller it until receipt full payment of all the amounts invoiced including interests and chargesinvoiced. In If the event Buyer re-sells the Products before property goods have been used in the products passes production or completion of other goods or plants or constructions, etc. the retention of title shall extend to Buyer in accordance with Clause 9 herein, Buyer shall account such product achieved by using the goods or services which have not been paid and to Seller for all any turnover or income generated by it. If goods which are the property of the proceeds of any re-sale and prior to paying such proceeds to SellerSeller are mixed, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-customer to the extent the Products have been processed, transformed blended or combined with other items, the Buyer already at this point assigns his ownership rights or co-ownership rights to the new item to the Seller and shall hold the item in safe custody for the Seller with the care of a prudent businessman. The Buyer may only sell the products sold by Buyer which are the property of the Seller in the ordinary course of business provided that he is not in default of payment and ensures that monies received are transferred to such endSeller. Xxxxxx, Xxxxx assigns his purchase price claims from resale vis-customerà-vis his customers to the Seller and shall make the notification which is required for this assignment clause to become effective in his books or on his invoices. In the case of assignment, the Seller shall also be entitled to recover directly from Buyer's end-customer any unpaid portion notify the customers of the Product value owed by Buyer. Upon request If there are any unsettled or scheduled payments to be made by Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the thirdvis-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to à-vis Seller any Seller’s title and immediately inform Seller consent to resale or combine the products shall automatically expire, if insolvency proceedings are opened over the assets of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1Buyer.

Appears in 2 contracts

Samples: www.urbangold.at, General Terms and Conditions

Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-end- customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. Seller shall be entitled to recover directly from Buyer's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to Seller’s title and immediately inform Seller of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 1 contract

Samples: www.eaton.com

Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products Products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. The Seller hereby accepts the assignment. Seller shall be entitled to recover directly from Buyer's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to Seller’s title and immediately inform Seller of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 1 contract

Samples: www.eaton.de

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Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer assigns hereby to Seller the portion of the Buyer's claim against its end-end customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. Seller shall be entitled to recover directly from Buyer's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer shall draw attention to Seller’s title and immediately inform Seller of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 1 contract

Samples: www.eaton.com

Retention of Title. Seller retains title to all Products delivered by Seller until receipt of all amounts invoiced including interests and charges. In the event Buyer re-sells the Products before property in the products passes to Buyer in accordance with Clause 9 herein, Buyer shall account to Seller for all of the proceeds of any re-sale and prior to paying such proceeds to Seller, Buyer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Buyer Xxxxx assigns hereby to Seller the portion of the Buyer's claim against its end-end- customer to the extent the Products have been processed, transformed or combined with other products sold by Buyer to such end-customer. Seller shall be entitled to recover directly from BuyerXxxxx's end-customer any unpaid portion of the Product value owed by Buyer. Upon request Buyer Xxxxx has to notify the assigned claim and the debtor thereof to Seller, and to make all information and material required for the debt collection available and to notify the assignment to the third-party debtor. If the Products are attached or otherwise levied upon, Buyer Xxxxx shall draw attention to Seller’s title and immediately inform Seller Xxxxxx of the attachment or levy. Seller shall be entitled to carry out all applications and registrations as it deems necessary for securing its title and Buyer shall assist upon request. The retention of title shall not affect the passing of risk under the Clause 9.1.

Appears in 1 contract

Samples: usermanual.wiki

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