RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery. 17.2 Title in any Goods rented by Company to the Client shall at all times remain with Company. 17.3 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company. 17.4 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client must: (a) keep the Goods in its possession and take good care of them and store them; and (b) immediately return the Goods to Company on demand. 17.5 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods. 17.6 Where Goods have been returned or repossessed under clauses 17.4 or 17.5, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client. 17.7 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue to hold a security interest in the processed or commingled goods. 17.8 The Client must not attempt to give or allow any security interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 4 contracts
Sources: General Agreement, General Agreement, General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access may take all necessary legal action to the premises at which the Goods are located and take retake possession of any Goods, the Goods. The Client agrees to obtain any consent necessary payment for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goodswhich has not been received.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover and apply those proceeds towards the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue to hold a security interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interestsecurity, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 2 contracts
Sources: Agreement, Definitions
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness owed to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession possession, and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain and provide any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover and apply those proceeds towards the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items through manufacturing, processing, assembling or commingling so that the Goods are no longer separately identifiable, any Security Interest shall continue for the Client and Company will be owners in common purposes of the new product, PPS Law and that Company will continue continue, only for the purposes of the PPS Law, to hold a security interest Security Interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, only for the purposes of the PPS Law, and that Company will continue continue, only for the purposes of the PPS Law, to hold a security interest Security Interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness owed to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession possession, and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain and provide any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items through manufacturing, processing, assembling or commingling so that the Goods are no longer separately identifiable, any Security Interest shall continue for the Client and Company will be owners in common purposes of the new product, PPS Law and that Company will continue continue, only for the purposes of the PPS Law, to hold a security interest Security Interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: Definitions
RISK AND TITLE. 17.1 9.1 Risk of loss of or damage to the Goods shall pass to the Customer on delivery (or in the case the Customer wrongfully failing to take delivery of the Goods the time when the Company has tendered delivery of the Goods) and the Customer shall insure the Goods from that time until ownership of and title to them passes to the Client immediately upon Delivery consumer.
9.2 Despite earlier delivery of the Goods, ownership of and the Client must insure title to the Goods at shall be retained by the Company until such time as the Customer shall have paid the Company for the Goods, together with the price of any other goods which are the subject of any other contract with the Company, and until that time the Customer
9.3 The Customer may resell or use the Goods in the ordinary course of its own expense business (but not otherwise) before the Company receives payment for the Goods. However, if the Customer resells or otherwise disposes of the Goods before that time:
9.3.1 it does so as principal and not as the Company’s agent;
9.3.2 title to the Goods shall pass from the date of Delivery.
17.2 Title in any Goods rented by Company to the Client Customer immediately before the time at which resale by the Customer occurs;
9.3.3 the Customer shall at all times remain with Company.
17.3 Any payment made by hold the entire proceeds of sale of such Goods whether tangible or intangible, including insurance proceeds, for and on behalf of the Client which is later avoided Company until the Company has received payment in full and shall keep all such amounts separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored and protected and insured. The Customer shall maintain records of the persons to whom it sells or disposes of such Goods and of the payments made by such persons for those Goods and will allow the Customer to inspect those records and the Goods themselves on request. The Customer shall be entitled to trace the proceeds of sale or otherwise of such Goods.
9.4 For the avoidance of doubt, the Goods and all other goods supplied to the Customer by the application Company which are in the Customer’s possession shall be presumed to belong to the Company unless the Customer can prove otherwise.
9.5 Until ownership of any statutory provisions will be deemed not and title to discharge Company’s title in any Goods sold owned by the Company or passes to the Client’s indebtedness to Company.
17.4 Where Customer (and providing the Goods are sold still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up such Goods to the Company and, if the Customer fails to do so immediately, to enter upon any premises owned or occupied by the Customer or any third party where such Goods are stored and repossess them. The Customer shall procure that any third party, which holds such Goods, shall permit the Company to the Client without payment of the price in full being made prior to Delivery, the Client must:
(a) keep the Goods in its take possession and take good care of them and store them; and
(b) immediately return shall in- demnify the Goods to Company on demand.
17.5 In and keep the event the Client fails to return the Goods to Company indemnified against any and all liability, which it has title following the making of a demand, Company may incur to such third party in connection with taking or its agents shall be granted access attempting to the premises at which the Goods are located and take possession of the Goodsthem. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 Where Goods have been returned or repossessed under clauses 17.4 or 17.5, Company may resell the Goods to another person. Company will shall be entitled to retain the proceeds use or dispose of any such Goods sold to the extent necessary to cover the indebtedness of the Clientas it wishes.
17.7 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue to hold a security interest in the processed or commingled goods.
17.8 The Client must not attempt to give or allow any security interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: Conditions of Sale
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Company has title to the Goods and the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue to hold a security interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover and apply those proceeds towards the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes in case of a processing, amalgamation or mixing of Goods by the Goods with other products or items so that the Goods are no longer separately identifiableClient, the Client and Company will shall be owners in common deemed to be manufacturer (Hersteller) of the new product, and goods to the effect that Company will continue shall become owner of the new good by operation of law. If, in case of a processing, amalgamation or mixing with goods owned by third parties, such third parties retain title to hold a security interest the goods, then Company shall acquire joint ownership (Miteigentum) in proportion to the processed respective invoice values of the processed, amalgamated or commingled mixed goods. The retention of title with respect to processing, amalgamation or mixing shall also pertain to the new goods.
17.8 17.9 The Client must not attempt to give or allow any security interestsecurity, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 16.1 Risk in the Goods passes to the Client immediately upon Delivery FOB shipping point and the Client must insure the Goods at its own expense from the date of Deliveryupon FOB shipping point.
17.2 16.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
16.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 16.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 16.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and ▇▇▇▇ them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 16.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, in accordance with the UCC, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 16.7 Where Goods have been returned or repossessed under clauses 17.4 16.5 or 17.516.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 16.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, only for the purposes of the UCC, and that Company will continue continue, only for the purposes of the UCC, to hold a security interest Security Interest in the processed or commingled goods.
17.8 16.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, product and that the Company will continue to hold a security interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company), and shall not assign rights, titles or negotiable instruments related to receivables on the sale of those Goods to any other person (other than Company).
Appears in 1 contract
Sources: Definitions
RISK AND TITLE. 17.1 16.1 Risk in the Goods passes to the Client immediately upon Delivery FOB shipping point and the Client must insure the Goods at its own expense from the date of Deliveryupon FOB shipping point.
17.2 16.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
16.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 16.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 16.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 16.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, in accordance with the UCC, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 16.7 Where Goods have been returned or repossessed under clauses 17.4 16.5 or 17.516.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 16.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, only for the purposes of the UCC, and that Company will continue continue, only for the purposes of the UCC, to hold a security interest Security Interest in the processed or commingled goods.
17.8 16.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: General Agreement
RISK AND TITLE. 17.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
17.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 17.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 17.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 17.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 17.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover and apply those proceeds towards the indebtedness of the Client.
17.7 17.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue to hold a security interest in the processed or commingled goods.
17.8 17.9 The Client must not attempt to give or allow any security interestsecurity, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: Definitions
RISK AND TITLE. 17.1 16.1 Risk in the Goods passes to the Client immediately upon Delivery and the Client must insure the Goods at its own expense from the date of Delivery.
17.2 16.2 Title in any Goods sold by Company will not pass to the Client until all amounts whatsoever payable by the Client to Company have been paid. This interest of Company in the Goods will continue in the Goods, products of the Goods and any proceeds derived from any of them.
16.3 Title in any Goods rented by Company to the Client shall at all times remain with Company.
17.3 16.4 Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provisions will be deemed not to discharge Company’s title in any Goods sold by Company or the Client’s indebtedness to Company.
17.4 16.5 Where Goods are sold by Company to the Client without payment of the price in full being made prior to Delivery, the Client mustClient:
(a) holds the Goods on trust for Company until all amounts owed by the Client to Company have been paid in full;
(b) must keep the Goods in its possession and take good care of them and store themthem and mark them in a manner that identifies the Goods and clearly shows that they belong to Company; and
(bc) must immediately return the Goods to Company on demand.
17.5 16.6 In the event the Client fails to return the Goods to which it has title following the making of a demand, Company or its agents shall be granted access to may enter the premises at which the Goods are located located, with the consent of the Client and take possession of the Goods. The Client agrees to obtain any consent necessary for such entry by Company and to indemnify Company or its agents for any liability arising from any entry upon such premises and the seizure of the Goods.
17.6 16.7 Where Goods have been returned or repossessed under clauses 17.4 17.5 or 17.517.6, Company may resell the Goods to another person. Company will not be liable for any loss occasioned thereby nor be liable to the Client or any person claiming though the Client and Company will be entitled to retain the proceeds of any Goods sold to the extent necessary to cover the indebtedness of the Client.
17.7 16.8 The Client acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Client and Company will be owners in common of the new product, and that Company will continue continue, to hold a security interest Security Interest in the processed or commingled goods.
17.8 16.9 The Client must not attempt to give or allow any security interestSecurity Interest, lien, mortgage, claim or similar interest to exist or arise over the Goods in which Company retains title or any proceeds from the sale of those Goods in favour of another person (other than Company).
Appears in 1 contract
Sources: Definitions