8. Reservation of title
The goods we deliver shall remain our property up until all our claims under our business relations with the customer have been fully settled.
Up until complete payment has been effected, the customer shall be obligated to handle the goods with due care.
The customer shall have the right to sell the delivered goods in the course of ordinary business operations. In this case, the customer shall be obligated to assign to us any receivables and other claims against his/her clients, including any ancillary rights, which he/she obtains from the re-sale. Upon our request, the customer shall be obligated to name the debtors of the assigned claims, to provide information on the sum of such claims, and to inform the debtors of the assignment.
If the customer includes claims from a re-sale of the reserved-title goods into an existing current account of a third party, it shall be assumed that the periodic balance after the balancing of the individual current account claims, or - if this balance is also included into the current account - the final balance upon termination of the current account, have been assigned to us.
The customer is authorised to collect on our behalf the assigned claims from the re-sale of the reserved-title goods. We may withdraw this authorisation for collection at any time. Our right to collect such claims ourselves shall not be affected by the authorisation granted to the customer. However, we undertake to not collect the claims assigned to us as long as the customer duly fulfils his/her obligations towards us.
The customer may neither pledge the reserved-title goods, nor transfer them by way of security. The customer shall be obligated to promptly object to a seizure of the reserved-title goods, and to any other impairment of our rights by third parties, and to inform us accordingly without delay.
We undertake to release the security granted to us upon the customer's request if the value of such security exceeds the total value of our claims by more than 20%.
We shall have the right to include our ownership in the reserved-title goods and in the granted securities into a pool of commercial creditors or to transfer it to a third party, and have our rights attended to by the manager of the pool or by the third party. We shall inform the customer of such transfer of rights without delay.