Common use of BUYER ITEMS Clause in Contracts

BUYER ITEMS. (a) Buyer may provide to Seller items owned by either Buyer or its customer (Buyer Furnished Items), or provide funding for Seller to procure or produce such items (Buyer Funded Items). Buyer Furnished and Buyer Funded Items (collectively, Buyer Items) shall be used only for the performance of this Order unless otherwise agreed in writing. (b) Title to Buyer Items shall remain in the Buyer or its customer. Seller shall clearly mark (if not so marked) all Buyer Items to show Buyer’s ownership. (c) Except for reasonable wear and tear, Seller shall be responsible for, and shall promptly notify Buyer of, any loss or damage. Without additional charge, Seller shall manage, maintain, and preserve Buyer Items in accordance with good commercial practice. (d) Upon completion of this Order or following a termination for default, Buyer may require Seller to deliver to Buyer any Buyer Items (supplies and equipment, manufacturing materials, manufacturing drawings, etc.) that Seller has specifically produced or acquired for the terminated portion of this Order. (e) When the Buyer furnishes any material, in whole or in part, for the manufacture of parts or assemblies, the Seller shall not substitute material from any other source nor shall the Seller alter its physical or chemical properties except in accordance with applicable Buyer specifications or except with the Buyer’s written approval.