|
7.3 The customer must not connect goods or deliverables under retention of title with other things that are subject to third party rights. If, despite of this, goods or
deliverables under retention of title are incorporated into a new (joint) product, we will acquire direct proportionate ownership in this product even if it is to be
considered the main product. Our ownership interest in percent shall equal the ratio of the billed value of the goods and deliverables under retention of title and the joint
product's value at the time of joining.
7.4 Any connection of goods or deliverables with a piece of property shall be on a temporary basis only (Sec. 95 BGB) until paid for in full. The customer shall keep our
coownership share in custody, free of charge.
7.5 The customer hereby assigns any future claims towards any buyers of goods and deliverables under retention of title (item 7.2) or newly formed objects (items 7.3 and 7.4), in the amount of our invoice for such goods and deliverables for the purpose of providing security. As long as the customer is not in default with respect to
payment for goods or deliverables under retention of title, it may collect |
 |
assigned claims in the ordinary course of business. However, the proportionate proceeds must be used for paying us for such goods and deliverables to us.
7.6 On the customer's request, we shall release will release any security if and to the extent that the nominal value of such securities exceeds 120% of the nominal
value of the accounts receivable from this customer, whereas we will determine the security to be released.
7.7 In an event of default we shall be entitled to cancel the contract, to claim recovery of possession of the goods and deliverables under retention of title from the
customer and to collect any assigned claims. To ascertain our rights, we shall be entitled to have a person under a professional confidentiality obligation inspect the
customer's documents or books concerning the relevant goods and deliverables. |