Enforcing the retention of title provisions

Our client supplies and installs air and water valves. Our client had existing terms and conditions but had encountered difficulties with enforcing the retention of title provisions.

We reviewed the provision and noted that it was not an ‘all monies’ clause.

We re-drafted this provision to ensure that, in future, our client would reserve ownership of the goods supplied until the buyer has paid not only for those particular goods, but also for any other goods supplied by our client, and has repaid all other money owed to our client, regardless of how such indebtedness arose.

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