Retention of Title – Do’s and Don’ts

A slower economy, increased payment periods and rising corporate insolvency have all contributed to the more frequent inclusion of retention of title (or “Romalpa”) clauses in commercial supply agreements.  However, although such provisions can offer some limited assistance if your customer fails to pay, increasing judicial scrutiny has created a complex body of fast moving case law.

To help ensure you have the benefit of the protection you believe you are entitled to when it matters most, make sure you follow this guide:

Business Name = Business Asset

Imitation may well be the highest form of flattery, but your losses could be huge if a competitor uses your name to promote its wares. 

Think about it.  Your name appears prominently on your marketing efforts.  It’s above your door.  It’s on your brochures.  It’s how you answer the phone.   Whether it is your listing in a telephone directory, or more importantly for e-commerce, searching for your website, your customer needs to know your name before they can pay you for your services.