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Further information. I have attached an article about thisTopic to this mail which may be of interest to you. Yours sincerely Elisabeth Stephens Language Focus Reduce 3 primarily 4 certain 5 conventional Vast Uncertain 3 non-confidential 4 unconventional, Non-conventional 5 non-discriminatory 6 unfair Unlawful 8 unnecessary 9 unreasonable Unspecific, non-specific 11 involuntary Intends; notice 2 complying with; entitled to Under Under Off; in File 3 Decide To; to; via 4 to; against 5 of; from On 8 on Heard 4 resembles 5 goes 6 includes Awarded 9 issue 10 pay 11 incurred Un 9 1 1 transfer; title 2 warranties 3 exclusions/ disclaimers; disclaimers/exclusions 4 contracts D 2g 3a 4f 5b 6c 7e To pay for, to purchase To deal in, to offer for sale Consumer, customer, purchaser Merchant, retailer, supplier, vendor Commodity, merchandise, wares F 2j 3e 4i 5h 6d 7a 8c 9b G Title and risk 2 Orders 3 Warranties Indemnification of vendor 5 Changes or cancellation (Paraphrases will vary.) If an ROT clause is interpreted as a charge and has not Been registered, it is void. A good clause will be clear. It will state that ownership Or title in the goods sold will not pass to the buyer Until payment is made. The clause should require that the buyer keeps the Goods separate from other goods. The goods should be marked as the supplier's property until payment is Made. Make sure that a serial number which is on the Outstanding invoice is also on the goods. The clause should state that the buyer will not resell The goods until payment is made. Take into consideration what the buyer will do with the Goods. If the goods will be used by the buyer, and they lose their form and can't be recovered, the clause may Be void. A well-written clause will say that the supplier has a Right of entry to recover the goods. B 2c 3a 4c Supplied 2 seller 3 in full 4 buyer 5 value Recover 7 premises 8 due 9 solvency The clause does contain a clear statement that titles shall Not pass until the buyer has paid in full for the goods. It Also contains a provision giving the seller the right to enter the buyer's premises to take advantage of them. Unfortunately, the clause fails to include the other points Addressed by the speaker. The clause does not make any Mention of requiring the buyer to keep the goods separate From other goods, nor is there mention of serial-number Markings on the goods corresponding to invoices. No Provisions have been made for a prohibition on further Sale until the goods are paid for in full. In fact, the Wording appears to state the direct opposite. Finally, no Wording exists to deal with the problem of changing or Incorporating the goods into other goods. The product is a software program containing millions of Telephone numbers and addresses, as well as a retrieval Program. The central legal issue is whether a shrink-wrap licence Constitutes an enforceable contract. False 2 True 3 True 4 False 5 True The facts of the case, the stages of litigation, the holdings Of the courts, the reasoning of the courts The technique used by the speaker is to pose rhetorical Questions to signal a move to a new topic. Date: 2015-12-11; view: 744
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