Common use of Bailed Property Clause in Contracts

Bailed Property. Supplier bears all responsibility for loss of, theft of and damage to any property owned by Xxxxx and in Supplier's possession or control for use in performing a Purchase Order, including responsibility for loss and damage which occurs (howsoever caused) despite Supplier's exercise of reasonable care, but excluding normal wear and tear. Supplier will: (i) properly house and maintain such property on Supplier's premises; (ii) prominently mark it as the property of Buyer; (iii) refrain from commingling it with the property of Supplier or with that of a third party save as required to do so in order to perform the Services; (iv) adequately insure such property against loss or damage; and (v) not move it to another location whether owned by Supplier or a third party, without the prior written consent of Buyer, except in the case of an emergency, Supplier may move such property provided that it gives Buyer notice that the property has been moved and the location of the property as soon as reasonably practicable. Buyer will have the right to enter Supplier's premises at reasonable times to inspect such property and Supplier's records pertaining thereto. Where permitted by law, Supplier waives any lien that Supplier might otherwise have on any of Buyer's property for work done thereon or otherwise. Supplier will assign to Buyer any claims Supplier has against third parties with respect to Xxxxx's property. Upon request, Supplier immediately will make such property available for collection by Buyer (or its representatives) and, at Buyer's request, Supplier shall load such property onto vehicles used by Buyer's carrier to transport such property. Supplier will cooperate with Xxxxx's collection of the property from Supplier's premises.

Appears in 2 contracts

Samples: www.landrover.be, jlrna.terms.jaguarlandrover.com

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Bailed Property. Supplier bears all responsibility for loss of, theft of and damage to any property owned by Xxxxx and in Supplier's possession or control for use in performing a Purchase Order, including responsibility for loss and damage which occurs (howsoever caused) despite Supplier's exercise of reasonable care, but excluding normal wear and tear. Supplier will: (i) properly house and maintain such property on Supplier's premises; (ii) prominently mark it as the property of Buyer; (iii) refrain from commingling it with the property of Supplier or with that of a third party save as required to do so in order to perform supply the ServicesGoods; (iv) adequately insure such property against loss or damage; and (v) not move it to another location whether owned by Supplier or a third party, without the prior written consent of Buyer, except in the case of an emergency, Supplier may move such property provided that it gives Buyer notice that the property has been moved and the location of the property as soon as reasonably practicable. Buyer will have the right to enter Supplier's premises at reasonable times to inspect such property and Supplier's records pertaining thereto. Where permitted by law, Supplier waives any lien that Supplier might otherwise have on any of Buyer's property for work done thereon or otherwise. Supplier will assign to Buyer any claims Supplier has against third parties with respect to Xxxxx's property. Upon request, Supplier immediately will make such property available for collection by Buyer (or its representatives) and, at Buyer's request, Supplier shall load such property onto vehicles used by Buyer's carrier to transport such property. Supplier will cooperate with Xxxxx's collection of the property from Supplier's premises.

Appears in 2 contracts

Samples: jlrna.terms.jaguarlandrover.com, jlrna.terms.jaguarlandrover.com

Bailed Property. Supplier Seller bears all responsibility for loss of, theft of and damage to any property owned by Xxxxx Buyer or Xxxxx’s customer and in Supplier's possession or control possessed by Seller for use in performing a Purchase Orderan order, including responsibility for loss and damage which occurs (howsoever caused) occur despite SupplierSeller's exercise of reasonable care, but excluding normal wear and tear. Supplier will: Seller will (i) properly house and maintain such property on SupplierSeller's premises; , (ii) prominently mark it as the property of Buyer or Buyer; ’s customer, as applicable, (iii) refrain from commingling it with the property of Supplier Seller or with that of a third party save as required to do so in order to perform the Services; party, (iv) adequately insure such property against loss or damage; and damage (v) not move it to another location whether owned by Supplier or a third party, without the prior written consent of Buyer, except in the case of an emergency, Supplier may move such property provided that it gives Buyer notice that place any marking on the property has been moved and the location of the property as soon as reasonably practicable. Buyer will have the right relating to enter Supplier's premises at reasonable times Seller or file any financing statement with respect to inspect such property and Supplier's records pertaining theretoproperty. Where permitted by law, Supplier Seller waives any lien, including any lien permitted by MCL 455.611 (Xxxxxx’x Xxxx), that Supplier Seller might otherwise have on any of Buyer's or Buyer’s customer’s property for work done thereon or otherwise. Supplier Seller will assign to Buyer any claims Supplier claim Seller has against third parties with respect to Xxxxx's or Xxxxx’s customer’s property. Upon request, Supplier Xxxxxx immediately will make deliver such property available for collection at Xxxxx's option F.O.B. Seller's facility or F.O.B. Buyer's premises, properly packed and marked in accordance with the requirements of the carrier and Buyer. If Seller fails to deliver Xxxxx’s property or the property of Xxxxx’s customer in accordance with the provisions hereof, Seller shall indemnify and hold Buyer and Buyer’s customer harmless from and against all damages, costs and expenses incurred by Buyer (or its representatives) andcustomer resulting therefrom including, at Buyer's requestwithout limitation, Supplier shall load such property onto vehicles used by Buyer's carrier to transport such property. Supplier will cooperate with Xxxxx's collection of the property from Supplier's premisesattorneys’ fees and expenses.

Appears in 1 contract

Samples: www.petersonfarmsinc.com

Bailed Property. Supplier bears all responsibility for loss of, theft of and damage to any property owned by Xxxxx and in Supplier's possession or control for use in performing a Purchase Order, including responsibility for loss and damage which occurs (howsoever caused) despite Supplier's exercise of reasonable care, but excluding normal wear and tear. Supplier will: (i) properly house and maintain such property on Supplier's premises; (ii) prominently mark it as the property of Buyer; (iii) refrain from commingling it with the property of Supplier or with that of a third party save as required to do so in order to perform and/or supply the ServicesSupplies; (iv) adequately insure such property against loss or damage; and (v) not move it to another location whether owned by Supplier or a third party, without the prior written consent of Buyer, except in the case of an emergency, Supplier may move such property provided that it gives Buyer notice that the property has been moved and the location of the property as soon as reasonably practicable. Buyer will have the right to enter Supplier's premises at reasonable times to inspect such property and Supplier's records pertaining thereto. Where permitted by law, Supplier waives any lien that Supplier might otherwise have on any of Buyer's property for work done thereon or otherwise. Supplier will assign to Buyer any claims Supplier has against third parties with respect to Xxxxx's property. Upon request, Supplier immediately will make such property available for collection by Buyer (or its representatives) and, at Buyer's request, Supplier shall load such property onto vehicles used by Buyer's carrier to transport such property. Supplier will cooperate with Xxxxx's collection of the property from Supplier's premises.

Appears in 1 contract

Samples: jlrna.terms.jaguarlandrover.com

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Bailed Property. Supplier bears all responsibility for loss of, theft of and damage to any property owned by Xxxxx and in Supplier's possession or control for use in performing a Purchase Order, including responsibility for loss and damage which occurs occur (howsoever caused) despite Supplier's exercise of reasonable care, but excluding normal wear and tear. Supplier will: (i) properly house and maintain such property on Supplier's premises; (ii) prominently mark it as the property of Buyer; (iii) refrain from commingling it with the property of Supplier or with that of a third party save as required to do so in order to perform supply the ServicesGoods; (iv) adequately insure such property against loss or damage; and (v) not move it to another location whether owned by Supplier or a third party, without the prior written consent of Buyer, except in the case of an emergency, Supplier may move such property provided that it gives Buyer notice that the property has been moved and the location of the property as soon as reasonably practicable. Buyer will have the right to enter Supplier's premises at reasonable times to inspect such property and Supplier's records pertaining thereto. Where permitted by law, Supplier waives any lien that Supplier might otherwise have on any of BuyerXxxxx's property for work done thereon or otherwise. Supplier will assign to Buyer any claims Supplier has against third parties with respect to Xxxxx's property. Upon request, Supplier immediately will make such property available for collection by Buyer (or its representatives) and, at Buyer's request, Supplier shall load such property onto vehicles used by Buyer's carrier to transport such property. Supplier will cooperate with Xxxxx's collection of the property from Supplier's premises.

Appears in 1 contract

Samples: www.jaguar.be

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