A reserve of ownership clause or a «Romalpa» clause, often called in the wake of the Aluminium Industrial Vaassen case against Romalpa Aluminium  2 ALL ER 552, is often found in the goods delivery contracts. 2. How was the property reserve previously settled? Suppliers who offer to provide products on credit should review their terms and conditions to ensure that their agreements provide adequate protection if a buyer does not pay the bills. In order to avoid any differences of opinion on whether a property reserve clause (and other clauses on which a supplier wishes to rely) applies, suppliers should also accept their standard terms with credit applications, although buyers who sign credit contracts without applying for them may continue to be considered linked. The pawn tax, which came into force on 1 January 2018, provides a legal basis in the Belgian civil code for the property reserve clause and abolishes Article 101 of the Bankruptcy Act. If you need a new delivery contract or request a review of your current agreement, please contact Michael Lam by email at Michael.Lam@bhwsolicitors.com or by phone on 0116 402 7240. A property reserve clause (also called the Romalpa clause in some jurisdictions) is a provision of a contract for the sale of goods that leaves ownership of the goods to the seller until the buyer fulfills certain obligations (usually the payment of the purchase price). For example, a contractor who makes building materials available in addition to providing his services may impose the property reserve. In the past, this has led to discussions. After the introduction of the pawnbrokers act, the property reserve has finally obtained a legal framework for the more frequent and efficient use of these obligations. A property reserve clause can be invaluable to a business when a customer becomes insolvent or is not paid for property that has been sold to them. If you deliver goods that are not prepaid, we always advise you to include a property reserve clause in your delivery contract. However, this is a complex legal area and regularly challenged by judicial administrators, so it is important to get the right advice to implement it properly.
4. Companies that register for commercial accounts should carefully review all terms of sale that are part of the application (and request them prior to the signing of an application) to ensure that they are aware of all security interests, such as. B a property reserve clause that can affect them. In all cases, it is advisable to include a property reserve clause in the terms and conditions of sale in all sales documents, such as Z.B. Offers, order forms, work orders, etc.