Retention of Title Clause

  1. Ownership of Goods
    1.1 All goods, materials, and equipment (“the Goods”) supplied by [Sparks Electrical Contracting LTD] (“the Supplier”) to the customer (“the Customer”) shall remain the property of the Supplier until payment in full has been received for:

    • (a) the Goods themselves; and

    • (b) any other sums owed by the Customer to the Supplier under any contract or invoice.

  2. Risk and Responsibility
    2.1 Risk in the Goods shall pass to the Customer upon delivery or installation, whichever occurs first.
    2.2 The Customer shall be responsible for insuring the Goods from the time of delivery or installation against all risks for their full replacement value and shall hold the proceeds of any insurance relating to the Goods on trust for the Supplier.

  3. Use and Identification
    3.1 Until ownership has passed, the Customer shall:

    • (a) hold the Goods as the Supplier’s fiduciary agent and bailee;

    • (b) store the Goods separately from other goods and clearly mark them as the property of the Supplier; and

    • (c) not remove, deface, or obscure any identifying marks or packaging on or relating to the Goods.

  4. Right of Recovery
    4.1 If the Customer becomes insolvent, enters administration, or fails to pay for the Goods by the due date, the Supplier may (without limiting any other rights) enter the Customer’s premises or any premises where the Goods are stored or installed to recover and/or remove the Goods.
    4.2 The Supplier shall not be liable for any damage caused by such recovery, provided reasonable care is taken.

  5. Goods Installed in Property
    5.1 Where the Goods have been incorporated into a property or electrical installation, the Supplier retains ownership of any components that can reasonably be removed without causing damage to the property or other goods.
    5.2 The Customer grants the Supplier an irrevocable licence to enter the premises to disconnect and recover such Goods if payment is not received in full.

  6. Passing of Title
    6.1 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cleared funds) for all sums due.