Reservation Of Ownership Case Study
8. Reservation of Ownership
(1) Until fulfillment of all claims by MTD BIO, irrespective of the legal basis, including balance of claims, MTD BIO reserves the right to reservation of ownership over the delivered goods (goods with reservation). This shall also apply for future/conditional claims. If payments are made to specifically indicated claims, MTD BIO shall not accept directions on claims. Reservations may only be lifted when all claims open on the day of payment and from the expanded reservation of ownership are settled.
(2) Goods with reservation shall remain MTD BIO property at all process stages, even if processed into a new thing. Treated and processed goods should be deemed as goods with reservation within the meaning of Point 8 (1). During the processing, connecting and mixing of goods with reservation by the customer, MTD BIO shall be entitled to a proportional share in ownership of the new item in relation to the accounting value of the goods with reservation to the accounting value of the remaining goods used. If the ownership of MTD BIO ceases with connection or mixing, the customer shall already transfer to these ownership rights to MTD BIO, which belong to him concerning the new good or items within the framework of the accounting value of the goods with reservation. Furthermore, the customer shall store this item for MTD BIO free of charge. Co-ownership rights of MTD BIO should be regarded as goods with reservation within the meaning of Point 8 (1).
(3) The …show more content…
If a credit is about to be issued for the recollected goods, this must not exceed the resale price. If transport costs incurred, covered by MTD BIO, the credit should be reduced for the transport costs actually incurred. Furthermore, MTD BIO shall be entitled to deduct a fee for the processing of the order at the rate of 15 % from the value of contract, unless MTD BIO can prove that the costs were actually
(1) Until fulfillment of all claims by MTD BIO, irrespective of the legal basis, including balance of claims, MTD BIO reserves the right to reservation of ownership over the delivered goods (goods with reservation). This shall also apply for future/conditional claims. If payments are made to specifically indicated claims, MTD BIO shall not accept directions on claims. Reservations may only be lifted when all claims open on the day of payment and from the expanded reservation of ownership are settled.
(2) Goods with reservation shall remain MTD BIO property at all process stages, even if processed into a new thing. Treated and processed goods should be deemed as goods with reservation within the meaning of Point 8 (1). During the processing, connecting and mixing of goods with reservation by the customer, MTD BIO shall be entitled to a proportional share in ownership of the new item in relation to the accounting value of the goods with reservation to the accounting value of the remaining goods used. If the ownership of MTD BIO ceases with connection or mixing, the customer shall already transfer to these ownership rights to MTD BIO, which belong to him concerning the new good or items within the framework of the accounting value of the goods with reservation. Furthermore, the customer shall store this item for MTD BIO free of charge. Co-ownership rights of MTD BIO should be regarded as goods with reservation within the meaning of Point 8 (1).
(3) The …show more content…
If a credit is about to be issued for the recollected goods, this must not exceed the resale price. If transport costs incurred, covered by MTD BIO, the credit should be reduced for the transport costs actually incurred. Furthermore, MTD BIO shall be entitled to deduct a fee for the processing of the order at the rate of 15 % from the value of contract, unless MTD BIO can prove that the costs were actually