9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Re-fit Company has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Re-fit Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Re-fit Company to the Customer for which payment is then due.

9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Re-fit Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.4 The Customer agrees with Re-fit Company that the Customer shall immediately notify Re-fit Company of any matter from time to time affecting Re-fit Company’s title to the Goods and the Customer shall provide Re-fit Company with any in-formation relating to the Goods as Re-fit Company may require from time to time.

9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Re-fit Company  shall be entitled at any time to demand the Customer to deliver up the Goods to Re-fit Company  and in the event of non-compliance Re-fit Company  reserves it’s right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Re-fit Company but if the Customer does so all moneys owing by the Customer to Re-fit Company shall (without prejudice to any other right or remedy of Re-fit Company) forthwith become due and payable.

9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.

9.8 The Customer shall indemnify Re-fit Company, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Re-fit Company’s rights under this condition.