The Goods shall be at the Buyer’s risk as from delivery.
In spite of delivery having been made, property in the Goods shall not pass from Hoshizaki until Buyer shall have paid the Price (plus GST) in full.
Until property in the Goods passes to the Buyer in accordance with (b), the Buyer shall hold the Goods and any part of the Goods on a fiduciary basis as bailee for Hoshizaki and mark the Goods such a way that they are clearly identified as Hoshizaki’s property.
Notwithstanding that the Goods (or any of them) remain the property of Hoshizaki, the Buyer may use the Goods in the ordinary course of the Buyer’s business and/or sell the Goods at full market value for the account of Hoshizaki. Any such sale or dealing shall be a sale or use of Hoshizaki’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from Hoshizaki, the entire proceeds of sale or otherwise of the Goods shall be held in trust for Hoshizaki and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Hoshizaki’s money.
Hoshizaki shall be entitled to recover the Price (plus GST) notwithstanding that the property in any of the Goods has not passed from Hoshizaki.
Until such time as property in the Goods passes from Hoshizaki, the Buyer shall upon request deliver up such part of the Goods as have not ceased to be in existence or resold to Hoshizaki. If the Buyer fails to do so, Hoshizaki may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request, the rights of the Buyer under (d) shall cease.
The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of Hoshizaki. Without prejudice to the other rights of Hoshizaki, if the Buyer does so all sums whatever owing by the Buyer to Hoshizaki shall forthwith become due and payable.
Under no circumstances will the product be re-exported, whole or in part, against the export control regulations.
We hereby certify that the products will not be transferred for a purpose other than the original intent.
We hereby confirm that the product will not be used for any military purpose and/or for production facilities of chemical, nuclear weapons or missiles or related applications.