RISK AND PROPERTY Clause Samples

RISK AND PROPERTY. 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer: 7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or 7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises: (a) at the time when the Goods are loaded onto the carrier’s transport vehicle at the Seller’s premises or any other place of storage; or (b) in the event that the Seller and the Buyer agree in Writing that carriage of the Goods is to be at the risk of the Seller, at the time when the Goods are off loaded from the carrier’s transport vehicle at the agreed place of delivery; or (c) if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Charges and all other sums owing to the Seller from the Buyer. 7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business. 7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time (including but not limited to clause 9 applying) require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Felling Commencement Date and the Purchaser shall be responsible to the Commission for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid the Commission all sums due pursuant to this Agreement and removed the Quantity for a particular Period, in question, property in and title to all the Products purchased and sold in the relevant Period as represented by each separate Instalment shall remain with the Commission and the following provision of this Clause shall be applicable:- 5.2.1 the Purchaser grants to the Commission an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or the Commission to be located and to inspect and/or remove the Products at any time while they remain the Commission’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub- contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by the Commission at any time while they remain the Commission’s property. All costs incurred by the Commission in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to You on the Commencement Date and the You shall be responsible to Us for any loss or damage to or caused by the Products from such date as a result of any act or omission by You or Your employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Condition 5.1 above, unless and until You shall have paid Us all sums due pursuant to the Agreement and removed the Total Quantity, property in and title to all the Products purchased and sold shall remain with Us and the following provision of this Condition shall be applicable:- 5.2.1 You grant to Us an irrevocable licence to enter the Your premises or any other premises in Your occupational control where the Products are or are believed by You or the Us to be located and to inspect and/or remove the Products at any time while they remain Our property. In the event that any of the Products are no longer in Your occupational control or the occupational control of Your employees, agents, contractors, sub- contractors or the employees of any of them, You shall use Your best endeavours to facilitate the inspection and/or removal of the Products by Us at any time while they remain Our property. All costs incurred by the Us in repossessing the Products whether or not they are still under Your control shall be borne by You; and 5.2.2 You shall immediately notify Us if You (or Your directors) intend to present a petition for the making of an administration order or a winding-up petition or if You (or Your directors) are aware of any such intention on the part of any of the Your creditors or if any of the other circumstances specified in Conditions 6.3.1 to 6.3.5 inclusive are to Your knowledge considered likely to arise.

RISK AND PROPERTY. 5.1 The risk in the Products shall pass to the Purchaser on the Commencement Date and the Purchaser shall be responsible to Forestry and Land Scotland for any loss or damage to or caused by the Products from such date as a result of any act or omission by the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them. 5.2 Notwithstanding the passing of risk under Clause 5.1 above, unless and until the Purchaser shall have paid Forestry and Land Scotland all sums due pursuant to this Agreement and remove the Total Quantity, property in and title to all the Products purchased and sold shall remain with Forestry and Land Scotland and the following provision of this Clause shall be applicable: - 5.2.1 the Purchaser grants Forestry and Land Scotland an irrevocable licence to enter the Purchaser’s premises or any other premises in the occupational control of the Purchaser where the Products are or are believed by the Purchaser or Forestry and Land Scotland to be located and to inspect and/or remove the Products at any time while they remain Forestry and Land Scotland’s property. In the event that any of the Products are no longer in the occupational control of the Purchaser or its employees, agents, contractors, sub-contractors or the employees of any of them, the Purchaser shall use its best endeavours to facilitate the inspection and/or removal of the Products by Forestry and Land Scotland at any time while they remain Forestry and Land Scotland’s property. All costs incurred by Forestry and Land Scotland in repossessing the Products whether or not they are still under the control of the Purchaser shall be borne by the Purchaser; and

RISK AND PROPERTY. 6.1 The Equipment will remain the property of the Supplier. 6.2 The Customer shall keep the Equipment separate from that of the Customer and third parties and properly stored, protected and fully insured and identified as the Supplier’s property. The Customer shall if so requested by the Supplier, produce within 7 days, evidence of such insurance to the Supplier. 6.3 The Customer shall deliver up the Equipment to the Supplier on demand and, if the Customer fails to do so immediately, the Supplier may enter any premises of the Customer or any third party where the Equipment is stored and repossess the Equipment. 6.4 The Customer may not pledge or in any way charge the Equipment by way of security for any indebtedness of the Customer. 6.5 The Customer shall keep the Equipment in good condition and not alter or modify it in any way.

RISK AND PROPERTY a. The Goods shall remain the property of the Company until their full Price has been received by the Company and all other sums which are or become due from the Purchaser on any account with the Company have been received by the Company. b. Risk of damage to or loss of the Goods will pass to the Purchaser on Delivery. c. Until title to the Goods passes to the Purchaser the Purchaser must: (i) store them at its own cost on its premises separately from any other goods and in a manner which makes them readily identifiable as the Goods of the Company; (ii) not destroy, deface or obscure any identifying mark or packaging of the Goods; (iii) maintain the Goods in a satisfactory condition insured on the Company’s behalf for their full Price against all risks; and (iv) hold the proceeds of insurance referred to in clause 5c(v)(iii) on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn account. (v) allow access to count and verify Goods pertain to clause 5d.The Purchaser’s right to possession, use and resale of the Goods will terminate immediately if, before ownership of the Goods passes to the Purchaser: i. the Purchaser becomes (or threatens to become) insolvent; iii. the Purchaser fails to pay any sum due to the Company under the Agreement on or before the due date; iv. the Purchaser encumbers or in any way charges any of the Goods; or v. the Agreement expires or terminates for any reason. d. If the Purchaser’s right to possession, use and resale of the Goods terminates in accordance with clause 5e, the Company will be entitled to issue the Purchaser with a credit note for all or any part of the Price of the Goods together with the value added tax thereon. e. The Company may, so as to discharge any overdue payment under the Agreement recover or resell the Goods. f. The Company shall be entitled without notice to enter the Purchaser’s premises or such other premises where the Goods are stored. g. If the Goods are sold by the Purchaser before payment for them has been made, any such sale shall be a sale of the Company’s property on the Purchaser’s own behalf and the Purchaser deals as principal when making such a sale. h. For all export sales, the Purchaser must promptly provide Company with satisfactory details and documentary evidence detailing the proposed export of such sale.

RISK AND PROPERTY. 7.1 Risk of loss or damage or deterioration to the Goods shall pass to the Customer at the Company’s premises, at the time of delivery or, if the Customer wrongfully fails to confirm the project content, the time when the Company has tendered delivery of the Goods. 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due. 7.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company may at any time require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, enter on any premises of the Customer or any third party where the Goods are stored and repossess the Goods. 7.4 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties, and properly stored, protected and insured and identified as the Company’s property; but the Customer may resell or use the Goods in the ordinary course of its business. 7.5 The Customer shall only be at liberty to sell the Goods purchased from the Company prior to the passing of title on the understanding that the Customer will hold on trust for the Company so much of the proceeds of sale received by the Customer under contracts which include all or any of the Goods either in their original or altered states as are necessary to discharge payment in full to the Company. 7.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without limiting any other right or remedy of the Company) forthwith become due and payable.

RISK AND PROPERTY. 5.1 Risk of loss of the hospitality tickets shall pass to the Customer at the time the hospitality tickets are delivered to the Seller. 5.2 Once risk of loss of the hospitality tickets has passed to the Customer in accordance with clause 5.1 the Seller shall not be liable to replace any lost hospitality tickets. 5.3 Notwithstanding delivery or any other provision of these Terms, the hospitality tickets always remain the property of the Seller and maybe cancelled at any time and the Customer and Guests refused entry into the Ground. 5.4 All Packages are non-transferable, and the Customer shall not be entitled to sell or to pledge or in any way transfer, or charge by way of security for any indebtedness of the Package. For the avoidance of doubt, the hospitality tickets that are included within the Package may not be stripped from a Package and resold save for in the circumstances provided for at condition 6.2 (c).

RISK AND PROPERTY. Risk of loss or damage to the goods from any cause whatsoever shall remain with the Seller and shall not pass to CHH until delivery of the goods to the place of delivery. Property in all goods shall pass from the Seller to CHH upon delivery except where payment is due and made prior to delivery, in which event property in such goods shall pass to CHH as soon as payment is made.