Retention of Title

Validly inserting a retention of title clause in a contract for the sale of goods prevents the passing of ownership of the goods until they have been fully paid for. This can be used as a security measure for a seller who does not know whether or not his customer is creditworthy or if it is for some reason not feasible to get payment in advance of delivery.

For such clause to be valid it will have to be part of a legally binding agreement and should also be provided in all contract documentation sent from the seller to the buyer. Such documentation has to be drafted carefully to avoid ineffectiveness of the retention of title clause and other clauses. Sellers should seek our advice before including a retention of title clause in their standard contracts.

We have experience of drafting the sale of goods contract documentation (order, order confirmation, delivery notes, invoices) and also we work for the supplier who has not been paid and who wants to recover the goods from the debtor or from the debtor’s liquidator. We are available to assist you in collecting the debt owed to you and in recovering the goods delivered by you.