| Commentary

389 Retention of title clauses

| Commentary

389 Retention of title clauses

There are two types of retention of title clauses:

  1. 389.1

        All money clauses: These clauses only permit title in product to pass to the distributor when it has paid all debts owed to the company.

  2. 389.2

        Particular debt clauses: These clauses only permit title to pass in product when the invoices relating to it have been paid off. This creates two particular problems. First, in order to repossess goods, the company must be able to identify those items of product which directly relate to unpaid invoices, and not merely those which

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