Template of clause providing for the transfer of ownership and the transfer of risk, in a contract for the sale of goods.
By Franck BEAUDOIN, avocat (attorney-at-law registered in France)
Published on droit.co on 1st December 2021
TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
TEMPLATE 1
The transfer, from the manufacturer to the buyer, of the ownership of the products and the risks relating thereto, will occur when the products are made available to the buyer XXX [TO BE COMPLETED, FOR EXAMPLE: at the manufacturer’s factory].]
TEMPLATE 2
The transfer, from the seller to the buyer, of the risks relating to the products, will occur when the products are made available to the buyer XXX [TO BE COMPLETED, FOR EXAMPLE: at the seller’s premises]
The seller shall retain the ownership of the products until they are fully paid-up. His rights shall apply equally, if applicable, either to the price of the products sold, or to any amount paid by an insurer for the products in case of damage. The buyer shall duly inform his creditors or any interested party of this retention of ownership.
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