Risk and Ownership Sample Clauses

Risk and Ownership. 19.1 The Subscriber acknowledges and agrees that all rights title and ownership in respect to the services and to any Network Equipment shall at all times remain vested in Service Provider. 19.2 All rights of ownership in and to any Equipment and/or Network Equipment – 19.2.1 supplied by Service Provider on a loan or rental basis, shall remain vested in Service Provider; 19.2.2 purchased by the Subscriber from Service Provider and supplied by Service Provider either free of charge or at a subsidised price shall remain vested in Service Provider for the duration of the initial period of the Service Schedule in terms of which it is supplied; and 19.2.3 at Service Provider’s listed price shall remain vested in Service Provider until the Subscriber has made payment therefore in full to Service Provider. 19.3 All risk in and to – 19.3.1 the Equipment and/or Network Equipment shall pass to the Subscriber upon delivery thereof and the Subscriber shall be liable for any and all loss, theft or destruction of or damage thereto, howsoever arising. 19.3.2 In the event of damage to or the loss, theft or destruction of the Equipment and/or Network Equipment or any portion thereof, the Subscriber shall be obliged to pay to Service Provider the cost of replacing and/or making good the Equipment and/or Network Equipment so damaged, lost, stolen or destroyed. 19.4 The Subscriber undertakes – 19.4.1 to display in relation to the Equipment and/or Network Equipment no lesser degree of care than it would, had same belonged to it, and shall take all reasonably necessary precautions to avoid loss, theft or destruction of or damage to the Equipment and/or the Network Equipment; 19.4.2 not to, in any manner, alienate, encumber or otherwise dispose of the Equipment and/or the Network Equipment; 19.4.3 not to procure repair or maintenance of the Equipment and/or the Network Equipment by any third party without the prior written consent of Service Provider or in any other manner tamper with the Equipment and/or the Network Equipment.

Risk and Ownership. 28.1. Risk in the Goods passes to the Purchaser at the time of delivery, except that risk in any excess Goods referred to in clause 26 (Acceptance and Rejection) remains with the Supplier unless they are accepted by the Purchaser. 28.2. Risk in any Goods rejected or returned in accordance with clauses 26 (Acceptance and Rejection) or 27 (Return and Refund) is with the Supplier. 28.3. Ownership in the Goods passes to the Purchaser at the time of delivery.

Risk and Ownership. 5.1 The risk in the Goods shall pass to Buyer at the time of delivery or deemed delivery under Condition 4. 5.2 The legal and beneficial ownership of the Goods shall remain with Seller until it has received in full and cleared funds all sums due to it in respect of the Goods. 5.3 Without prejudice to Condition 5.4, until ownership of the Goods has passed to Buyer, Buyer holds the Goods in trust for Seller and undertakes to: 5.3.1 store the Goods (at no cost to Seller) separately from all other goods in such a way as they are clearly identified as the property of Seller; and 5.3.2 not destroy, deface or obscure any identifying ▇▇▇▇ or packaging on or relating to the Goods; and 5.3.3 maintain the Goods in satisfactory condition; and 5.3.4 have the Goods insured for their full Price against all risks to the reasonable satisfaction of Seller, whenever requested by Seller produce a certificate of insurance to Seller and procure that any insurance proceeds received in respect of lost or damaged Goods are paid to Seller, to the extent required to satisfy the indebtedness of Buyer to Seller. 5.4 Buyer is entitled to use the Goods in its manufacturing process or sell the Goods notwithstanding that ownership in such Goods has not passed to it. 5.5 Seller may end Buyer’s right to possession and use of the Goods with immediate effect if: 5.5.1 payment under the Contract becomes overdue; or 5.5.2 Buyer becomes Insolvent (as defined in Condition 5.7); or 5.5.3 if Buyer encumbers or in any way charges any of the Goods; or 5.5.4 if the Contract terminates for any reason, in which cases Seller will be entitled to issue Buyer with a credit note for all or any part of the Price paid by Buyer for those Goods together with taxes (including VAT) thereon. 5.6 Buyer grants Seller, its agents, employees and sub-contractors an irrevocable licence at any time during normal business hours to enter any premises where the Goods are in order to recover them when Buyer’s right to possession and use has terminated. 5.7 In these T&Cs, “Insolvent” has the following meaning in relation to Buyer:

Risk and Ownership. Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction.

Risk and Ownership. 8.1. Ownership in the included assets shall pass to the Purchaser only upon payment of the purchase price as provided for in Clause 6 above. 8.2. All risk and benefit in the subject matter 7shall be deemed to have passed to the Purchaser with effect from the effective date.

Risk and Ownership. 8.1 Subject to clause 7, risk in the Goods, passes to the Authority at the time of delivery. 8.2 Ownership in the Goods, passes to the Authority at the time of delivery (or, if earlier, payment).

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable.. 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. for death or personal injury resulting from negligence; or ii. for fraud or fraudulent misrepresentation; or iii. under the Consumer Protection Act 1987; or iv. for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 Customer shall indemnify Crown Gas & Power against all and any claims, losses, costs and charges arising out of any act or omission by the Customer in respect to its obligations under the Agreement.

Risk and Ownership. 9.1 In the event of Swazi Mobile providing you with Device(s), then: – 9.1.1 From the moment you take possession of the Devices, you will be responsible for and liable for all risk in and to the Devices which will include but not be limited to loss, damage, accidental damage, liquid damage, theft, or unauthorised use of the Devices subject to any applicable warranty provided with such Devices or imposed by operation of law; and 9.1.2 Swazi Mobile will remain the owner of the Devices for the duration of the Initial Period until the Device(s) is fully paid by you. 9.2 All risk in and to the SIM card which will include but not be limited to the loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the SIM Card shall pass to you upon delivery of the SIM Card. 9.3 The provisions of clause 9.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen an Upgrade.

Risk and Ownership. All risk of loss or damage to the Goods will pass to The Customer upon physical delivery of the Goods to The Customer’s delivery address. Ownership in the Goods will only pass to The Customer upon full payment of the Fees.