11.Retention of title and extended retention of title
11.1 Our deliveries shall only be performed under retention of title. Ownership shall only be transferred
to the buyer when he has fulfilled all his obligations relating to the goods we have delivered.
If acceptance bills, notes receivable and cheques are taken as payment, the invoice is only considered
as paid when they have actually been honoured.
11.2 The buyer is entitled to combine, mix, process and sell the supplied goods (reserved ownership)
within the scope of his normal business operations. Transfer of security and pledging are not,
however, considered proper normal business operations and are, therefore, prohibited to the buyer.
11.3 Combining, mixing or processing goods delivered by us, to which we still retain the title, is
always carried out on our order, without incurring any obligation on our part.
11.4 If the goods supplied by us are mixed or combined with other objects, the buyer shall assign
his ownership or co-ownership rights to the mixed or new object to us, at this point, and shall safeguard
it for us with the requisite care as far as is possible.
11.5 If the goods are sold or delivered directly to a third party by the buyer or us, or mixed, combined
or processed with other objects by the buyer on the premises of a third party, the buyer shall,
at this point, cede his claims for consideration from his contracting partner with all ancillary rights to
the extent of the invoice amount of the goods supplied by us, plus interest, costs and an additional
flat rate fee of 10% of the value of the goods, so that no particular acts of transfer are required
should the claim arise against the third party.
11.6 The buyer may not agree to a prohibition of assignment with his contracting partner; he must
impose an appropriate retention of title clause on him.
11.7 Should the value of the assignments and securities transferred to us exceed our claim by a
total of more than 20%, we undertake to release appropriate securities of our choice, at the buyer's
request.
11.8 Our rights to retention of title also remain valid when our purchase price claims are included in
running accounts and the balance is drawn and acknowledged.
11.9 At our request, the buyer is obliged to notify us of the name of his contracting partner (customer),
to inform him of the assignment, and provide us with the information and documents necessary
to pursue our claims against his buyer. We are also entitled to inform our buyer's contracting
partner (customer) of the assignment.
11.10 In the event of seizure or any intervention by a third party, the buyer must notify us immediately
and provide us with the necessary documents.
11.11 In the event of infringement of articles 11.6 to 11.9 we retain the rights listed under article 10.