RISK/TITLE Clause Samples

RISK/TITLE. 9.1 The Materials remain at the exclusive risk and responsibility of the Customer until Acceptance. 9.2 Risk and title in the Materials shall pass to MML on Acceptance.

RISK/TITLE. 7.1. Risk and title to the Goods shall pass to Buyer upon completion of delivery. 7.2. Failure to pay any amount when due shall give CoorsTek the right to repossess and remove the Goods. 7.3. Buyer’s right to possession of the Goods prior to full payment for such Goods shall terminate immediately if Buyer the Buyer becomes subject to any of the events listed in Conditions 17.3.1 to Condition 17.3.11 (inclusive). 7.4. Prior to full payment of the Goods, Buyer grants CoorsTek, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where ▇▇▇▇▇’s right to possession has terminated, to recover them. 7.5. Where CoorsTek is unable to determine whether any Goods are the goods in respect of which ▇▇▇▇▇’s right to possession has terminated, Buyer shall be deemed to have sold all goods of the kind sold by CoorsTek to Buyer in the order in which they were invoiced to Buyer.

RISK/TITLE. 6.1 The Goods are at the risk of the Buyer from the time of delivery.

RISK/TITLE. 6.1. The Goods are at the risk of the Customer from the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, at the time when BZR has tendered delivery of the Goods. 6.2. Notwithstanding delivery and the passing of risk in the Goods, ownership of the Goods shall not pass to the Customer until BZR has received in full (in cash or cleared funds) all sums due to it in respect of: 6.2.1 the Goods; and 6.2.2 all other sums which are or which become due to BZR from the Customer on any account. 6.3. Until such time as property and the Goods passes to the Customer, the Customer shall hold the Goods as BZR’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and the third parties and properly stored, protected and insured and identified as BZR’s property, but the Customer may resell or use the Goods in the ordinary course of its business. 6.4. Until such time as the property and the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Customer to deliver up the Goods to BZR, 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. 6.5. The Customer shall not be entitled to pledge or in any way charge by way of security for indebtedness any of the Goods which remain the property of BZR, but if the Customer does so all monies owing by the Company to BZR shall (without limiting any other right or remedy of BZR ) forthwith become due and payable. 6.6. BZR shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from BZR.

RISK/TITLE. Goods are at the risk of Buyer from time of delivery. ▇▇▇▇▇’s right to possession of Goods shall terminate immediately if: (i) Buyer has a bankruptcy order made against it or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of Buyer or notice of intention to appoint an administrator is given by Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of Buyer or for the granting of an administration order in respect of Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of Buyer; or (ii) Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between Seller and Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇ or Buyer ceases to trade; or (iii) Buyer encumbers or in any way charges any of Goods. Seller shall be entitled to recover payment for Goods notwithstanding that ownership of any of Goods has not passed from Seller. While any payment for Goods remains outstanding, Seller may require return of Goods. Where Goods are not returned in a reasonable time, Buyer grants Seller an irrevocable licence at any time to enter any premises where Goods are or may be stored in order to inspect them, or, where ▇▇▇▇▇’s right to possession has terminated, to recover them, and to sever Goods where they are attached or connected to another item without being responsible for any damage caused. Any such return or recovery shall be without prejudice to Buyer’s continuing obligation to purchase Goods in accordance with the Contract. Where Seller is unable to determine whether any goods are the Goods in respe...

RISK/TITLE. 7.1 Property in and risk of the Goods supplied to the Customer shall pass from Viva Energy to the Customer: a. in the case of bulk Goods, as the Goods pass the flange connecting the delivery facilities provided by Viva Energy with the receiving facilities provided by the Customer; and b. in the case of packed Goods, at the time of delivery to the vessel or other delivery location (which for the avoidance of doubt in relation to Goods delivered on pallets will be deemed to have occurred at the time the pallets are made ready for off-loading at the relevant location by the vehicle driver). 7.2 The responsibility for connecting the delivery facilities provided by Viva Energy to the receiving facilities provided by the Customer shall be in accordance with the custom of the Delivery Port.

RISK/TITLE. 6.1 The Goods are at the risk of the Purchaser from the time of delivery. 6.2 Ownership of the Goods shall not pass to the Purchaser until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: 6.2.1 the Goods; and 6.2.2 all other sums which are or which become due to the Company from the Purchaser on any account. 6.3 Until ownership of the Goods has passed to the Purchaser, the Purchaser shall hold the Goods on a fiduciary basis as the Company’s bailee. 6.4 The Purchaser’s right to possession of the Goods shall terminate immediately if:‌ 6.4.1 the Purchaser has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Purchaser or notice of intention to appoint an administrator is given by the Purchaser or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Purchaser or for the granting of an administration order in respect of the Purchaser, or any proceedings are commenced relating to the insolvency or possible insolvency of the Purchaser; or 6.4.2 the Purchaser suffers or allows any execution to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Order Confirmation or any other contract between the Company and the Purchaser, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade; or 6.4.3 any event equivalent to those set out in clause 6.4.1 and 6.4.2 occurs in relation to the Purchaser in any jurisdiction; or 6.4.4 the Purchaser encumbers or in any way charges any of the Goods before ownership has passed to the Purchaser. 6.5 If the Purchaser's right to possession terminates in accordance with clause 6.4, the Company sha...

RISK/TITLE. 6.1 Risk of damage to or loss of the Goods shall pass to the Buyer: 6.1.1 In accordance with the Incoterms, on the Delivery Date. 6.1.2 In the case of Goods to be delivered at the Company premises, at the time when the Company notifies the Buyer that the Goods are available for collection; or 6.1.3 In the case of Goods to be delivered otherwise than at the Company premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company tendered delivery of the Goods. 6.1.4 In respect of deliveries made in accordance with clause 6.

RISK/TITLE. 6.1 The Goods are at the risk of the Buyer from the time of delivery. The Company will not accept any liability to the Buyer for any damage to the Goods occurring after risk has transferred to the Buyer.