Acquisition of Tooling and Materials. To the extent that this Contract contemplates Buyer’s purchase of, or reimbursement (including, unless otherwise specifically provided in this Contract, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, or repairs of any or all of the foregoing items, “Tooling and Materials”) to be used in connection with Seller’s actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an accounting system that readily enables the identification of Seller’s costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials. Upon Seller’s or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title will vest immediately in Buyer and such Tooling and Materials will be held as Buyer’s Property (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Acquisition of Tooling and Materials. To the extent that this Contract Agreement contemplates Buyer’s 's purchase of, or reimbursement (including, unless otherwise specifically provided in this Contractthe Agreement, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, refurbishments or repairs replacements of any or all of the foregoing items, “Tooling and Materials”") to be used in connection with Seller’s 's actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer Xxxxx will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s 's actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns will assign to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an a reasonable accounting system that readily enables the identification of Seller’s 's costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials. Upon Seller’s 's or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title thereto will vest immediately in Buyer and such Tooling and Materials will be held as "Buyer’s Property 's Property" (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1Section.
Appears in 2 contracts
Samples: Purchase Order Terms and Conditions, Po Terms and Conditions
Acquisition of Tooling and Materials. To the extent that this Contract contemplates Buyer’s 's purchase of, or reimbursement (including, unless otherwise specifically provided in this the Contract, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, refurbishments or repairs replacements of any or all of the foregoing items, “Tooling and Materials”") to be used in connection with Seller’s 's actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer Xxxxx will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s 's actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns will assign to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an a reasonable accounting system that readily enables the identification of Seller’s 's costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials. Upon Seller’s 's or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title thereto will vest immediately in Buyer and such Tooling and Materials will be held as "Buyer’s Property 's Property" (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1Section.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Acquisition of Tooling and Materials. To the extent that this Contract Agreement contemplates Buyer’s 's purchase of, or reimbursement (including, unless otherwise specifically provided in this Contractthe Agreement, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, refurbishments or repairs replacements of any or all of the foregoing items, “Tooling and Materials”") to be used in connection with Seller’s 's actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s 's actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns will assign to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an a reasonable accounting system that readily enables the identification of Seller’s 's costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials, to which the Seller agrees and hereby grants his express consent. Upon Seller’s 's or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title thereto will vest immediately in Buyer and such Tooling and Materials will be held as "Buyer’s Property 's Property" (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1Section.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Acquisition of Tooling and Materials. To the extent that this Contract contemplates Buyer’s purchase of, or reimbursement (including, unless otherwise specifically provided in this Contract, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, or repairs of any or all of the foregoing items, “Tooling and Materials”) to be used in connection with Seller’s actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an accounting system that readily enables the identification of Seller’s costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials. Upon Seller’s or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title will vest immediately in Buyer and such Tooling and Materials will be held as Buyer’s Property (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1.18.1.
Appears in 1 contract
Samples: General Terms and Conditions
Acquisition of Tooling and Materials. To the extent that this Contract Agreement contemplates Buyer’s 's purchase of, or reimbursement (including, unless otherwise specifically provided in this Contractthe Agreement, via amortization in the form of a per unit charge included in the price of the Goods) to Seller for, any tooling, jigs, dies, gauges, fixtures, molds, patterns, equipment, supplies, materials and other items (collectively with all refurbishments, replacements, additions, attachments, accessories, refurbishments or repairs replacements of any or all of the foregoing items, “Tooling and Materials”") to be used in connection with Seller’s 's actual or anticipated supply of Goods to Buyer, Seller will acquire such Tooling and Materials on behalf of Buyer and Buyer will pay to or reimburse Seller the lower of: (a) the amount specified in a purchase order issued by Buyer for such Tooling and Materials, or (b) Seller’s 's actual out-of-pocket cost to acquire the Tooling and Materials from an unrelated third party or, if the Tooling and Materials are constructed or fabricated by Seller or any affiliate of Seller, the actual direct costs for materials, labor and overhead associated with such construction and fabrication. Seller assigns will assign to Buyer any contract rights or claims in which Seller has an interest with respect to such Tooling and Materials. Seller will establish an a reasonable accounting system that readily enables the identification of Seller’s 's costs as described above. Buyer or its agents will have the right to audit and examine all books, records, facilities, work, material, inventories and other items relating to any such Tooling and Materials. Upon Seller’s 's or any supplier of Seller’s construction, fabrication or acquisition of such Tooling and Materials, title thereto will vest immediately in Buyer and such Tooling and Materials will be held as "Buyer’s Property 's Property" (as defined below) by Seller or Seller’s supplier, in accordance with this Section 18.1Section.
Appears in 1 contract
Samples: Po Terms and Conditions