Common use of Transfer of ownership and risk Clause in Contracts

Transfer of ownership and risk. 24.1 The ownership of the Products shall pass to Wavin in conformity with the provisions of clause 23. In the event that Wavin makes payments prior to delivery, the ownership (title) of the Products, in proportion to the amount paid, shall pass to Wavin at the moment of payment. In that case, the Supplier must ensure that the Products are identified and kept identifiable as much as possible and the Supplier shall count as the holder for Wavin in respect of those Products. No retention of title or any other security interest shall exist for the Supplier after the delivery to Wavin. 24.2 The risk of loss of or damage to the Products shall only pass to Wavin at the moment when both the actual delivery and the transfer of title to Wavin have taken place in accordance with the Agreement. If the installation of the Products has been agreed, the Supplier shall bear all the risk in respect of the Products until these have been installed and accepted or put into operation by Wavin, regardless of whether Wavin already has full title to these Products. 24.3 If Wavin makes items available to the Supplier for the execution of the Agreement (including raw materials, semi- finished products, materials and components, models, specifications, drawings, software and information carriers), these items shall remain Wavin’s property. Subject to ▇▇▇▇▇’s written consent, the Supplier shall refrain from acting or failing to act in such a way with regard to these items that Wavin loses the ownership thereof, whether by specification, accession, confusion of property or in any other way whatsoever. Furthermore, the Supplier shall guarantee that the items are not encumbered or burdened with third-party rights. The Supplier shall have no right of retention or right of suspension in respect of these items. After the execution of the Agreement, these items must be returned in good condition.

Appears in 9 contracts

Sources: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

Transfer of ownership and risk. 24.1 The ownership of the Products shall pass to Wavin in conformity with the provisions of clause 23. In the event that Wavin makes payments prior to delivery, the ownership (title) of the Products, in proportion to the amount paid, shall pass to Wavin at the moment of payment. In that case, the Supplier must ensure that the Products are identified and kept identifiable as much as possible and the Supplier shall count as the holder for Wavin in respect of those Products. No retention of title or any other security interest shall exist for the Supplier after the delivery to Wavin. 24.2 The risk of loss of or damage to the Products shall only pass to Wavin at the moment when both the actual delivery and the transfer of title to Wavin have taken place in accordance with the Agreement. If the installation of the Products has been agreed, the Supplier shall bear all the risk in respect of the Products until these have been installed and accepted or put into operation by Wavin, regardless of whether Wavin already has full title to these Products. 24.3 If Wavin makes items available to the Supplier for the execution of the Agreement (including raw materials, semi- finished products, materials and components, models, specifications, drawings, software and information carriers), these items shall remain Wavin’s property. Subject to ▇▇▇▇▇Wavin’s written consent, the Supplier shall refrain from acting or failing to act in such a way with regard to these items that Wavin loses the ownership thereof, whether by specification, accession, confusion of property or in any other way whatsoever. Furthermore, the Supplier shall guarantee that the items are not encumbered or burdened with third-party rights. The Supplier shall have no right of retention or right of suspension in respect of these items. After the execution of the Agreement, these items must be returned in good condition.

Appears in 7 contracts

Sources: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

Transfer of ownership and risk. 24.1 The ownership of the Products shall pass to Wavin in conformity with the provisions of clause 23. In the event that Wavin makes payments prior to delivery, the ownership (title) of the Products, in proportion to the amount paid, shall pass to Wavin at the moment of payment. In that case, the Supplier must ensure that the Products are identified and kept identifiable as much as possible and the Supplier shall count as the holder for Wavin in respect of those Products. No retention of title or any other security interest shall exist for the Supplier after the delivery to Wavin. 24.2 The risk of loss of or damage to the Products shall only pass to Wavin at the moment when both the actual delivery and the transfer of title to Wavin have taken place in accordance with the Agreement. If the installation of the Products has been agreed, the Supplier shall bear all the risk in respect of the Products until these have been installed and accepted or put into operation by Wavin, regardless of whether Wavin already has full title to these Products. 24.3 If Wavin makes items available to the Supplier for the execution of the Agreement (including raw materials, semi- finished products, materials and components, models, specifications, drawings, software and information carriers), these items shall remain Wavin’s property. Subject to ▇▇▇▇▇’s written consent, the Supplier shall refrain from acting or failing to act in such a way with regard to these items that Wavin ▇▇▇▇▇ loses the ownership thereof, whether by specification, accession, confusion of property or in any other way whatsoever. Furthermore, the Supplier shall guarantee that the items are not encumbered or burdened with third-party rights. The Supplier shall have no right of retention or right of suspension in respect of these items. After the execution of the Agreement, these items must be returned in good condition.

Appears in 2 contracts

Sources: Terms and Conditions of Purchase, Terms and Conditions of Purchase

Transfer of ownership and risk. 24.1 The ownership of the Products shall pass to Wavin in conformity with the provisions of clause 23. In the event that Wavin makes payments prior to delivery, the ownership (title) of the Products, in proportion to the amount paid, shall pass to Wavin at the moment of payment. In that case, the Supplier must ensure that the Products are identified and kept identifiable as much as possible and the Supplier shall count as the holder for Wavin in respect of those Products. No retention of title or any other security interest shall exist for the Supplier after the delivery to Wavin. 24.2 The risk of loss of or damage to the Products shall only pass to Wavin at the moment when both the actual delivery and the transfer of title to Wavin have taken place in accordance with the Agreement. If the installation of the Products has been agreed, the Supplier shall bear all the risk in respect of the Products until these have been installed and accepted or put into operation by Wavin, regardless of whether Wavin already has full title to these Products. 24.3 If Wavin makes items available to the Supplier for the execution of the Agreement (including raw materials, semi- finished products, materials and components, models, specifications, drawings, software and information carriers), these items shall remain Wavin’s property. Subject to ▇▇▇▇▇’s written consentWKHVH LWHPV VKDOO UHPDLQ :DYLQ¶Vco nsSenUt, the Supplier shall refrain from acting RthSe SHuUppWlie\r s ha ll 6reXfraEinMfrHomFaWct ingWR :D or failing to act in such a way with regard to these items that Wavin loses the ownership thereof, whether by specification, accession, confusion of property or in any other way whatsoever. Furthermore, the Supplier shall guarantee that the items are not encumbered or burdened with third-party rights. The Supplier shall have no right of retention or right of suspension in respect of these items. After the execution of the Agreement, these items must be returned in good condition.

Appears in 1 contract

Sources: Terms and Conditions of Purchase