If you supply goods on credit, you might not be entitled to recover them if the customer doesn't pay you - unless your terms and conditions contain a retention of title clause.
A retention of title clause will state that ownership in the goods remains with the supplier until payment is received from the customer. It should also give the supplier the right to recover the goods once payment is overdue.
It can be difficult to enforce retention of title clauses as there may be issues with, among other things, identifying the goods, incorporation of relevant terms of business into the contract, transfer of the goods to a third party and the customer becoming insolvent. A strong retention of title clause in the contract is an important starting point, but it is only the beginning.
We can provide advice and assistance on both drafting retention of title clauses and enforcing them.
We provide advice on a wide range of legal issues to clients around Yorkshire and beyond from our offices in Leeds, York and Sheffield. For an initial discussion about your case, contact one of our specialist solicitors today.
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