1.Risk and Property of the Goods
Risk of damage to or loss of the goods purchased or order by you shall pass to you at the time of delivery or if you wrongfully failed to take delivery of the said goods, the time when HelloXpress has tendered delivery or attempted to tender delivery of the said goods.
Notwithstanding delivery and the passing of risk in the said goods or any other provision herein, the property in the said goods shall not pass to you until HelloXpress has received in cash or cleared funds payment in full of the price of the said goods and all other goods agreed to be sold by HelloXpress to you for which payment is then due.
Until such time as the property in the said goods passes to you, you shall hold the said goods as HelloXpress's fiduciary agent and bailee and shall keep the said goods separate from your other goods.
You agree with HelloXpress that you shall immediately notify HelloXpress of any matter from time to time affecting HelloXpress's title to the said goods and you shall provide HelloXpress with any information relating to the said goods as HelloXpress may require from time to time.
Until such time as the property in the said goods passes to you (and provided the said goods are still in existence and have not been resold) HelloXpress shall be entitled at any time to demand you to deliver up the said goods to HelloXpress and in the event of non-compliance HelloXpress reserves it's right to take legal action against you for the delivery up the said goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against you.
You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the said goods which remain the property of HelloXpress but if you do so all moneys owing by you to HelloXpress shall (without prejudice to any other right or remedy of HelloXpress) forthwith become due and payable.
If the provisions under this Paragraph 8 are not effective according to the law of the country in which the said 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 you shall take all steps necessary to give effect to the same.
You shall indemnify HelloXpress against all loss damages costs expenses and legal fees incurred by you in connection with the assertion and enforcement of HelloXpress's rights under this condition.