Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 3 contracts
Samples: www.freudenbergmedical.com, www.vistamed.net, www.fst.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this ContractAgreement, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this ContractAgreement; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this ContractAgreement. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant dock (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 2 contracts
Samples: www.freudenbergmedical.com, www.freudenbergmedical.com
Bailed Property. If applicable, all (a) All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Buyer’s Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyerowner. Supplier shall bear the risk of loss of and damage to Bailed PropertyBuyer’s Property while it is in Supplier’s possession or under its control. Bailed Buyer’s Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Buyer’s Property shall: 1) shall not be used by Supplier for any purpose other than the performance of this Contract; 2) , shall be conspicuously marked the property in the “Property of Buyer" by its name of the Buyer or in the name of the owner as may be designated shown on this Contract by Buyer; 3) Supplier, shall not be commingled with the property of Supplier or with that of any third party; , and 4) shall not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 2 contracts
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx Buyer elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect XxxxxBuyer’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold buildermoldbuilder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by XxxxxBuyer, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.xaltenergy.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx Buyer elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect XxxxxBuyer’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by XxxxxBuyer, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: fmt.freudenbergmedical.com
Bailed Property. If applicable, all All supplies, materials, tools, jigsjibs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, indirectly to Supplier in connection with Supplier’s performance of its obligation under Seller to perform this Contractorder, or for which Supplier Seller has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier , and Seller shall bear the risk risks of loss of and damage to Bailed PropertyBuyers property. Bailed Property Buyer’s property shall at all times be properly housedhoused and maintained by Seller, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) shall not be used by Supplier Seller for any purpose other than the performance of this Contractorder; 2) shall be deemed to be personality; shall be conspicuously marked the property “Property of CTM Corporation.” by Seller; shall not at any time become subject to any lien in the name favor of the Buyer any creditor or in the name other contract party of the owner as may be designated by BuyerSeller; 3) shall not be commingled with the property of Supplier Seller or with that of any a third partyperson; and 4) shall not be moved from SupplierSeller’s premises without BuyerXxxxx’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership Upon the request of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will such property shall be immediately released to Buyer or delivered by Supplier to Buyer either: by Seller, either (i) FCA SupplierF.O.B. transport equipment at Seller’s plant (Incoterms 2010)plant, properly packed and marked in accordance with the requirements of Buyer’s the carrier selected carrier; by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier to Seller the reasonable costs cost of deliverydelivering such property to such location. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise Buyer shall have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection enter onto Seller’s premises at all reasonable times to inspect such property and Xxxxxx’s records with any judicial proceedings instituted by Buyerrespect thereto. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier Seller shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff execute such financing statements and other court officers’ fees in connection with the recovery of Bailed Property through legal processdocuments requested by Xxxxx to evidence any such bailment relationship.
Appears in 1 contract
Samples: www.ctm-corp.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010)dockIncoterms 2020, properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.freudenbergmedical.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this ContractAgreement, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this ContractAgreement; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this ContractAgreement. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx Buyer elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect XxxxxBuyer’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant dock (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by XxxxxBuyer, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.freudenbergmedical.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, kind and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold buildermoldbuilder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.fst.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx Buyer elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect XxxxxBuyer’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by XxxxxBuyer, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.vistamed.net
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (dock Incoterms 2010)2020, properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.vistamed.net
Bailed Property. If applicable, all (a) All supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment eq uipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectivelyc ollectively, “Bailed Property”) shall be and shall remain the property of Buyer or the designated owner of such property designated by Buyerproperty. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approvalappro val. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.fst.com
Bailed Property. If applicable, all All supplies, materials, molds, machinery, equipment, patterns, tools, dies, jigs, dies, gauges, fixtures, moldsblueprints, castingsdesigns, cavity die patternsspecifications, returnable containersdrawings, equipment photographic negatives and positives, art work, copy layout, consigned material for production or repair and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance Seller or to any sub-supplier of its obligation under Seller to perform this Contract, or for which Supplier Seller has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials Buyer (collectively, “Bailed Property”) ), shall be and shall remain the property of Buyer or the owner of such property designated and be held by BuyerSeller on a bailment-at-will basis. Supplier Seller shall bear the risk of loss of and damage to the Bailed PropertyProperty and Seller at its own expense shall keep such property insured for the benefit of Buyer. The Bailed Property shall at all times be properly housed, maintained, repaired housed and replaced maintained by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) Seller; shall not be used by Supplier Seller for any purpose other than the performance of this Contract; 2) shall be deemed to be personally; shall be conspicuously marked by Seller to identify it as the property in the name of the Buyer or in the name of the owner as may be designated by and indicate Buyer's name; 3) shall not be commingled with the property of Supplier Seller or with that of any a third partyperson; and 4) shall not be moved from Supplier’s Seller's premises without Buyer’s 's prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. SupplierSeller, at its own expense, will manufacture a designated number of sample Products using shall maintain, repair and refurbish the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) first class condition. All replacement parts, additions, improvements and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim accessories for payment until the such Bailed Property is completed and automatically shall become Buyer's property upon their incorporation into or attachment to the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges Seller agrees that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), Xxxxx has any the right, title at any time, with or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier reason and take possession of all of Bailed Property without payment of any kind, and to retake possession of or request the extent permitted by law Supplier hereby waives return of any and or all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer enter onto Seller's premises at all reasonable times to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, inspect the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal processand Seller's records with respect thereto.
Appears in 1 contract
Samples: www.allstatefastener.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (( Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold buildermoldbuilder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: f.hubspotusercontent20.net
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold buildermoldbuilder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.ffltech.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s 's performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “"Bailed Property”") shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s 's expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s 's premises without Buyer’s 's prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s 's or its customer’s 's ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s 's "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s 's premises to inspect Bailed Property and Supplier’s 's records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s 's sole discretion, Supplier’s 's rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s 's behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s 's interest in Bailed Property. At Buyer’s 's request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s 's plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s 's selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s Xxxxx's customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ ' fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this ContractAgreement, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this ContractAgreement; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this ContractAgreement. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant dock (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature na ture of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.freudenbergmedical.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.freudenbergmedical.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this the Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this the Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customerCustomer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(sCustomer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer Customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this the Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customerCustomer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour hours notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.xaltenergy.com
Bailed Property. If applicable, all A. All supplies, materials, molds, machinery, equipment, patterns, tools, dies, jigs, dies, gauges, fixtures, moldsblueprints, castingsdesigns, cavity die patternsspecifications, returnable containersdrawings, equipment photographic negatives and positives, art work, copy layout, consigned material for production or repair and other items furnished by BuyerPurchaser or Purchaser’s Customer, either directly or indirectly, to Supplier Seller or to any sub-supplier of Seller in connection with Supplier’s performance of its obligation under this Contractor related to any Order, or for which Supplier Seller has been paid reimbursed by Purchaser or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials Purchaser’s Customer (collectively, “Bailed Property”) ), shall be and shall remain the property of Buyer or Purchaser (unless the owner of such property designated Purchaser has transferred title to the Bailed Property to its customer) and shall be held by BuyerSeller on a bailment at-will basis. Supplier Seller shall bear the risk of loss of and damage to the Bailed PropertyProperty and Seller, at its own expense, shall keep such Bailed Property insured for the benefit of Purchaser, naming Purchaser as the loss payee and additional insured. The Bailed Property shall at all times be properly housed, maintained, repaired housed and replaced maintained by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) Seller; shall not be used by Supplier Seller for any purpose other than the performance of this Contractthe Order; 2) shall be deemed to be personal property; shall be conspicuously marked by Seller to identify it as the property in of Purchaser (or the Purchaser’s customer, as the case may be) and indicate Purchaser's (or the Purchaser’s customer, as the case may be) name of the Buyer or in the name of the owner as may be designated by Buyerand address; 3) shall not be commingled with the property of Supplier Seller or with that of any a third party; person and 4) shall not be moved from Supplier’s Seller's premises without Buyerthe prior approval by Purchaser on the face of an Order or Order amendment or in a Signed Writing of a Purchaser’s prior written approvalAuthorized Representative. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. SupplierSeller, at its own expense, will manufacture a designated number of sample Products using the shall maintain, repair and refurbish Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) first class condition. All replacement parts, additions, improvements and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim accessories for payment until the such Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer shall automatically become Purchaser's property upon their incorporation into or its customer(s) as the case may be. Buyer will have the right attachment to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to Seller shall provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorneyPurchaser, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyerupon Purchaser’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) a written inventory or other rights that Supplier might otherwise have on any accounting of all Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.iacgroup.com
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this Contract, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this Contract; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Bailed Property. If applicable, all All supplies, materials, molds, machinery, equipment, patterns, tools, dies, jigs, dies, gauges, fixtures, moldsblueprints, castingsdesigns, cavity die patternsspecifications, returnable containersdrawings, equipment photographic negatives and positives, art work, copy layout, consigned material for production or repair and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance Seller or to any sub-supplier of its obligation under Seller to perform this Contract, or for which Supplier Seller has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documents, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials Buyer (collectively, “Bailed Property”) ), shall be and shall remain the property of Buyer or the owner of such property designated and be held by BuyerSeller on a bailment-at-will basis. Supplier Seller shall bear the risk of loss of and damage to the Bailed PropertyProperty and Seller at its own expense shall keep such property insured for the benefit of Buyer. The Bailed Property shall at all times be properly housed, maintained, repaired housed and replaced maintained by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) Seller; shall not be used by Supplier Seller for any purpose other than the performance of this Contract; 2) shall be deemed to be personally; shall be conspicuously marked by Seller to identify it as the property in the name of the Buyer or in the name of the owner as may be designated by and indicate Buyer's name; 3) shall not be commingled with the property of Supplier Seller or with that of any a third partyperson; and 4) shall not be moved from Supplier’s Seller's premises without Buyer’s 's prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. SupplierSeller, at its own expense, will manufacture a designated number of sample Products using shall maintain, repair and refurbish the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) first class condition. All replacement parts, additions, improvements and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim accessories for payment until the such Bailed Property is completed and automatically shall become Buyer's property upon their incorporation into or attachment to the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges Seller agrees that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any the right, title at any time, with or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this Contract. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier reason and take possession of all of Bailed Property without payment of any kind, and to retake possession of or request the extent permitted by law Supplier hereby waives return of any and or all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant (Incoterms 2010), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer enter onto Seller's premises at all reasonable times to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, inspect the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal processand Seller's records with respect thereto.
Appears in 1 contract
Samples: Terms And
Bailed Property. If applicable, all supplies, materials, tools, jigs, dies, gauges, fixtures, molds, castings, cavity die patterns, returnable containers, equipment and other items furnished by Buyer, either directly or indirectly, to Supplier in connection with Supplier’s performance of its obligation under this ContractAgreement, or for which Supplier has been paid or reimbursed (including amortization) by Buyer, with all related repairs, improvements, appurtenances, accessions and accessories, and all documentsdoc uments, standards or specifications, trade secrets, proprietary information, Proprietary Materials and all Intellectual Property Rights in such Proprietary Materials (collectively, “Bailed Property”) shall be and shall remain the property of Buyer or the owner of such property designated by Buyer. Supplier shall bear the risk of loss of and damage to Bailed Property. Bailed Property shall at all times be properly housed, maintained, repaired and replaced by Supplier at Supplier’s expense in good working condition capable of producing Products meeting all applicable specifications. Bailed Property shall: 1) not be used by Supplier for any purpose other than the performance of this ContractAgreement; 2) be conspicuously marked the property in the name of the Buyer or in the name of the owner as may be designated by Buyer; 3) not be commingled with the property of Supplier or with that of any third party; and 4) not be moved from Supplier’s premises without Buyer’s prior written approval. Supplier will indemnify and defend Buyer against claims or liens adverse to Buyer’s or its customer’s ownership of Bailed Property. Supplier, at its own expense, will manufacture a designated number of sample Products using the Bailed Property in order to successfully complete Buyer’s "Production Part Approval Process" (PPAP) and Supplier will submit a Part Submission Warrant (PSW). If applicable, Supplier shall have no claim for payment until the Bailed Property is completed and the PSW and any other necessary documentation have been submitted and approved by Buyer or its customer(s) as the case may be. Buyer will have the right to enter Supplier’s premises to inspect Bailed Property and Supplier’s records regarding Bailed Property. Supplier acknowledges that neither Supplier nor any other person or entity other than Buyer (or its affiliates or customer if applicable), has any right, title or interest in Bailed Property except, subject to Buyer’s sole discretion, Supplier’s rights to utilize Bailed Property in the manufacture of Products under this ContractAgreement. Effective immediately, without further notice or legal action, Buyer, or its designee, has the right to enter the premises of Supplier and take possession of all of Bailed Property without payment of any kind, and to the extent permitted by law Supplier hereby waives any and all defenses in law or equity related to the removal of the Bailed Property. Supplier agrees to cooperate with Buyer if Xxxxx elects to take possession of Bailed Property. Supplier expressly waives any right to additional notice or process and agrees to provide Buyer or its nominee(s) with immediate access to Bailed Property. Supplier grants to Buyer a limited and irrevocable power of attorney, coupled with an interest, to execute and record on Supplier’s behalf any notice or financing statements with respect to Bailed Property that Buyer determines are reasonably necessary to reflect Xxxxx’s interest in Bailed Property. At Buyer’s request, Bailed Property will be immediately released to Buyer or delivered by Supplier to Buyer either: (i) FCA Supplier’s plant dock (Incoterms 20102020), properly packed and marked in accordance with the requirements of Buyer’s selected carrier; or (ii) to any location designated by Buyer, in which event Buyer shall pay Supplier the reasonable costs of delivery. Supplier waives, to the full extent permitted by law, any lien (whether mechanics, mold builder, molder, special tool builder, UCC or otherwise) or other rights that Supplier might otherwise have on any of Bailed Property. Supplier acknowledges that the unauthorized possession of Bailed Property by Supplier would cause irreparable harm to Buyer, Buyer’s customer, and others. Therefore, Supplier recognizes the right and need of Buyer to obtain immediate relief in the nature na ture of a replevin or claim and delivery action. Accordingly, provided that Supplier receives at least twenty-four (24) hour notice of any request for hearings in connection with proceedings instituted by Buyer, Supplier waives, to the fullest extent possible under applicable law, the right to notice in excess of twenty-four (24) hours in connection with any judicial proceedings instituted by Buyer. Further, Supplier hereby waives any requirement for Buyer to post a bond in a replevin action. Supplier shall pay all costs incurred by Xxxxx, including, but not limited to, reasonable attorney fees, the cost of the bond and sheriff and other court officers’ fees in connection with the recovery of Bailed Property through legal process.
Appears in 1 contract
Samples: www.freudenbergmedical.com