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  • Russell Spencer

    Member
    April 25, 2007 at 11:41 am
    quote :

    If your terms state that ownership stays with you until paid for in full then it is still yours and you can reclaim your goods at any time. It doesn’t matter whether the sign is screwed to a wall, or leaning up against it.

    If your terms have a right of entry to recover unpaid goods then you can do just that without fear of prosecution for trespass. By accepting that clause the property occupier has automatically given you permission to enter, so where is the problem?

    You are quite right about the above, the only problem is that these terms have to be agreed in advance on a signed agreement, it is no good just sticking it on the bottom of the invoice, that is not enough from a legal point of view. We all have a story like this, mine is £5000 worth from Christmas, if the company has been liquidated the ONLY way you are sure to get anything back is to take it down on the quiet and salvage the parts. If you then go back and offer the original sign to the new owner you then become involved in theft because once the sign is mechanically fitted to the building it becomes part and parcel of it, it would be like pinching the front door.

    But if you were to sell him a very similar sign to the one he had at a discount price…???