Common use of BUYER PROPERTY Clause in Contracts

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 4 contracts

Samples: General Provisions, General Provisions, General Provisions

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BUYER PROPERTY. A. Title to Seller shall clearly mark, maintain an inventory of and keep segregated or identifiable all Buyer property and all property furnished to Seller which Xxxxx acquires an interest by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part virtue of the unit price Agreement. Except for ordinary wear and tear, Seller assumes all risk of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theftdestruction, destruction of or damage to Buyer such property while in Seller’s possession possession, custody, or control, and will not use such property other than in performance of the Agreement without Xxxxx’s written consent. If Seller damages any propertyUpon request, Seller shall be responsible for making repairs at no cost to Buyerprovide Buyer with adequate proof of insurance against such risk of loss. Upon Xxxxx’s written request to Seller for any property under this clause, will notify Buyer if Seller cannot locate Buyer property within five (5) daysis lost, damaged, or destroyed. As directed by Buyer, upon completion, termination, or cancellation of the Agreement, Seller shall notify deliver such property, to the extent not incorporated in delivered end products, to Buyer that in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article limits Seller’s use, in its direct contracts with the item was not located and Seller subsequently has twenty (20) days to find Government, of property in which the misplaced propertyGovernment maintains title. After such period, if it has not been located, At the property shall be deemed "lost" and at Buyer’s electionrequest of Xxxxx, Seller shall either execute any documents, including but not limited to financial statements, required by Xxxxx to protect its interest in this property. If, in the performance of the Agreement, Buyer furnishes Seller with components or other concerns to be incorporated by Seller in the Products to be delivered to Buyer, Buyer does not waive its right to require the level of quality specified for the Products to be delivered by Seller. Seller agrees to replace any components or other items furnished by Buyer that are damaged by Seller or Seller's agents, or to reimburse Buyer for the replacement same. Seller agrees that all dies, tools, jigs, fixtures, designs, drawings, patterns and all related delay costsother special items, or remake which are furnished by Buyer without charge, shall be the lost property at no cost to Property of Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 3 contracts

Samples: General Provisions, General Provisions, General Provisions

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at BuyerXxxxx’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 3 contracts

Samples: General Provisions, General Provisions, General Provisions

BUYER PROPERTY. A. Title to Seller shall clearly xxxx, maintain an inventory of and keep segregated or identifiable all Buyer property and all property furnished to Seller which Buyer acquires an interest by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part virtue of the unit price Agreement. Except for ordinary wear and tear, Seller assumes all risk of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theftdestruction, destruction of or damage to Buyer such property while in Seller’s possession possession, custody, or control, and will not use such property other than in performance of the Agreement without Buyer’s written consent. If Seller damages any propertyUpon request, Seller shall be responsible for making repairs at no cost to Buyerprovide Buyer with adequate proof of insurance against such risk of loss. Upon Xxxxx’s written request to Seller for any property under this clause, will notify Buyer if Seller cannot locate Buyer property within five (5) daysis lost, damaged, or destroyed. As directed by Buyer, upon completion, termination, or cancellation of the Agreement, Seller shall notify deliver such property, to the extent not incorporated in delivered end products, to Buyer that in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article limits Seller’s use, in its direct contracts with the item was not located and Seller subsequently has twenty (20) days to find Government, of property in which the misplaced propertyGovernment maintains title. After such period, if it has not been located, At the property shall be deemed "lost" and at request of Buyer’s election, Seller shall either execute any documents, including but not limited to financial statements, required by Buyer to protect its interest in this property. If, in the performance of the Agreement, Buyer furnishes Seller with components or other concerns to be incorporated by Seller in the Products to be delivered to Buyer, Buyer does not waive its right to require the level of quality specified for the Products to be delivered by Seller. Seller agrees to replace any components or other items furnished by Buyer that are damaged by Seller or Seller's agents, or to reimburse Buyer for the replacement same. Seller agrees that all dies, tools, jigs, fixtures, designs, drawings, patterns and all related delay costsother special items, or remake which are furnished by Buyer without charge, shall be the lost property at no cost to Property of Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

BUYER PROPERTY. A. Title to all property All supplies, materials, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items purchased, either directly or indirectly, by Buyer and/or furnished or delivered to Seller by Xxxxxto perform the Order, or paid for which Seller has been reimbursed by Buyer Xxxxx (collectively referred to as “Buyer’s Property”), shall be and remain with the property of Buyer. Seller shall bear the risk of loss of and damage to Xxxxx’s Property in Seller’s possession, custody or control. Buyer’s Property shall at all times be properly housed and maintained by Seller; shall not alter or use such property be used by Seller for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order; shall be deemed to be property; shall be conspicuously marked PROPERTY OF NORTHROP GRUMMAN INTERNATIONAL ASIA SERVICES, INC. by Seller; shall not be commingled with the property of Seller or (ii) with that of any third person; and shall not be moved from Seller’s premises without Buyer’s prior written approval. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer payment thereforeor delivered to Buyer by Xxxxxx, whichever occurs first. B. at Xxxxx’s direction and expense. With reasonable prior notice, Xxxxx shall have the right to enter onto Seller’s premises to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Xxxxxx agrees that it will comply with the obligation hereunder to release Xxxxx’s Property notwithstanding any offsetting claim it might have against Buyer and that Seller shall assume the risk of, and be responsible for, liable for any loss, theft, destruction of loss or damage to Buyer property while in resulting from Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost failure to Buyer. Upon release Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to BuyerProperty when requested. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 2 contracts

Samples: General Provisions, General Provisions

BUYER PROPERTY. A. Title to all property All supplies, materials, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items purchased, either directly or indirectly, by Buyer and/or furnished or delivered to Seller by Xxxxxto perform the Order, or paid for which Seller has been reimbursed by Buyer Xxxxx (collectively referred to as “Buyer’s Property”), shall be and remain with the property of Buyer. Seller shall bear the risk of loss of and damage to Xxxxx’s Property in Seller’s possession, custody or control. Buyer’s Property shall at all times be properly housed and maintained by Seller; shall not alter or use such property be used by Seller for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order; shall be deemed to be property; shall be conspicuously marked PROPERTY OF NORTHROP GRUMMAN INTERNATIONAL TRADING SERVICES, INC. by Seller; shall not be commingled with the property of Seller or (ii) with that of any third person; and shall not be moved from Seller’s premises without Buyer’s prior written approval. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer payment thereforeor delivered to Buyer by Xxxxxx, whichever occurs first. B. at Xxxxx’s direction and expense. With reasonable prior notice, Xxxxx shall have the right to enter onto Seller’s premises to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Xxxxxx agrees that it will comply with the obligation hereunder to release Xxxxx’s Property notwithstanding any offsetting claim it might have against Buyer and that Seller shall assume the risk of, and be responsible for, liable for any loss, theft, destruction of loss or damage to Buyer property while in resulting from Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost failure to Buyer. Upon release Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to BuyerProperty when requested. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 2 contracts

Samples: General Provisions, General Provisions

BUYER PROPERTY. A. Title to Unless otherwise agreed in writing, all property tangible and intangible property, including, but not limited to, information or data of any description, tools, materials, drawings, computer software, know- how, documents, equipment or material furnished to Seller by Xxxxx, Buyer or specially paid for by Buyer, and any replacement thereof, or any materials affixed or attached thereto (collectively “Buyer Property”), shall be and remain with Buyer’s personal property. Such Buyer Property and, whenever practical, each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as Buyer’s property and shall be safely stored separate and apart from Seller's property. Seller shall use Buyer Property only to meet Buyer’s purchase orders, and shall not alter use it, disclose it to others or use reproduce it for any other purpose. Such Buyer Property, while in Seller's custody or control, shall be held at Seller's risk, shall be kept insured by Seller at Seller's expense in an amount equal to the replacement cost with loss payable to Buyer and shall be subject to removal at Buyer's written request, in which event Seller shall prepare such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees shipment and redeliver to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to Buyer in the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when originally received except for by Seller, reasonable wear and teartear excepted, all at Seller's expense. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to own exclusively all rights in ideas, inventions, works of authorship, strategies, plans and data created in or resulting from Seller’s facilities performance under any Buyer purchase order, including all patent rights, copyrights, moral rights, rights in proprietary information, database rights, trademark rights and other intellectual property rights. All such intellectual property that is protectable by copyright will be considered work(s) made for hire for Buyer (as the purpose of reviewing its compliance with phrase “work(s) made for hire” is defined in the management of United States Copyright Act (17 U.S.C. § 101)) or will give Buyer property “first owner” status related to this Orderthe work(s) under local copyright law where the work(s) was created. If by operation of law any of such intellectual property is not owned in its entirety by Buyer automatically upon creation, then Seller agrees to transfer and assign to Buyer, and hereby transfers and assigns to Buyer, the entire right, title and interest throughout the world to such intellectual property.

Appears in 1 contract

Samples: Global Purchasing Terms and Conditions

BUYER PROPERTY. A. Title to all property All supplies, materials, equipment, tools, jigs, dies, gauges, fixtures, molds, patterns, equipment and other items purchased, either directly or indirectly, by Buyer and/or furnished or delivered to Seller by Xxxxxto perform the Order, or paid for which Seller has been reimbursed by Buyer Xxxxx (collectively referred to as “Buyer’s Property”), shall be and remain with the property of Buyer. Seller shall bear the risk of loss of and damage to Xxxxx’s Property in Seller’s possession, custody or control. Buyer’s Property shall at all times be properly housed and maintained by Seller; shall not alter or use such property be used by Seller for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order; shall be deemed to be property; shall be conspicuously marked PROPERTY OF NORTHROP GRUMMAN INTERNATIONAL MIDDLE EAST SERVICE, INC. by Seller; shall not be commingled with the property of Seller or (ii) with that of any third person; and shall not be moved from Seller’s premises without Buyer’s prior written approval. Upon the request of Xxxxx, Xxxxx’s Property shall be immediately released to Buyer payment thereforeor delivered to Buyer by Xxxxxx, whichever occurs first. B. at Xxxxx’s direction and expense. With reasonable prior notice, Xxxxx shall have the right to enter onto Seller’s premises to inspect Buyer’s Property and Xxxxxx’s records with respect thereto. Xxxxxx agrees that it will comply with the obligation hereunder to release Xxxxx’s Property notwithstanding any offsetting claim it might have against Buyer and that Seller shall assume the risk of, and be responsible for, liable for any loss, theft, destruction of loss or damage to Buyer property while in resulting from Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost failure to Buyer. Upon release Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to BuyerProperty when requested. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 1 contract

Samples: General Provisions

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.Order.‌

Appears in 1 contract

Samples: General Provisions

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BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx Buyer agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon XxxxxBuyer’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 1 contract

Samples: General Provisions

BUYER PROPERTY. A. Title to all property furnished a. Buyer may provide or make available to Seller certain real or personal property or material owned by Xxxxxeither Buyer or its customer, including tooling and raw material inventories (“Buyer Property”). Buyer Property also includes items Buyer or paid its customer may take title to in accordance with the terms of this AGREEMENT. Buyer Property shall be used only for by the performance of this AGREEMENT. Buyer shall remain at all times retain title to Buyer Property, which title shall not be affected by the incorporation or attachment thereof to any other property; nor shall such Buyer Property or any other part thereof be or become a fixture or lose its identity as Buyer Property by reason or affixation to any realty. Seller shall manage, maintain, and preserve Buyer Property in accordance with Buyergood commercial practice. b. Seller shall dispose of Buyer Property (including scrap) only in accordance with Xxxxx’s direction. Seller’s property records for equipment shall include a complete, current, auditable record of all Buyer Property transactions and shall include ownership, description (including identification and serial numbers), quantity, unit cost, accountable contract number/code, location, disposition, inventory date, and traceability to shipping, receiving, storage, and utilization documents. Such records shall be available for Buyer review. Seller shall provide to Buyer an equipment inventory listing on an annual basis by 15 November. Seller shall clearly mark (if not so marked) all Buyer Property (wherever practical each individual item thereof) to show its ownership as “Property of [Insert Seller’s Full Name here]” or as otherwise directed for property of Xxxxx’s customer. Seller shall not alter or use such substitute any property for any Buyer Property. c. Unless otherwise provided on the face of this AGREEMENT, all Buyer Property shall be provided “AS IS” and without warranty. Buyer shall have access at all reasonable times to the premises on which Buyer Property is located for the purpose of inspecting or for any other Party other than that specified retrieving Buyer Property when deemed necessary by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipmentBuyer Property, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession custody or control. If Seller damages any property, shall be held at Seller’s risk and Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clauseloss, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costsdamage, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received destruction thereof except for reasonable wear and tear, and except to the extent that such property is reasonably consumed in the performance of this AGREEMENT. Seller shall establish and maintain a property control system approved by Buyerimmediately notify Buyer if Buyer Property is lost, damaged, or destroyed. At all timesthe completion or termination of this Order, or when instructed by Xxxxx, Seller shall deliver Buyer shall have access Property to Buyer, F.O.B. Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Orderaddress.

Appears in 1 contract

Samples: Standard General Terms and Conditions for Goods & Services

BUYER PROPERTY. A. Title to Unless otherwise agreed in writing, all property tangible and intangible property, including, but not limited to, information or data of any description, tools, materials, drawings, computer software, know- how, documents, equipment or material furnished to Seller by Xxxxx, Buyer or specially paid for by Buyer, and any replacement thereof, or any materials affixed or attached thereto (collectively “Buyer Property”), shall be and remain with Buyer’s personal property. Such Buyer Property and, whenever practical, each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as Buyer’s property and shall be safely stored separate and apart from Seller's property. Seller shall use Buyer Property only to meet Buyer’s purchase orders, and shall not alter use it, disclose it to others or use reproduce it for any other purpose. Such Buyer Property, while in Seller's custody or control, shall be held at Seller's risk, shall be kept insured by Seller at Seller's expense in an amount equal to the replacement cost with loss payable to Buyer and shall be subject to removal at Buyer's written request, in which event Seller shall prepare such property for any purpose or for any other Party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees shipment and redeliver to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to Buyer in the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when originally received except for by Seller, reasonable wear and teartear excepted, all at Seller's expense. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Sellerown exclusively all rights in ideas, inventions, works of authorship, strategies, plans and data created in or resulting from Xxxxxx’s facilities performance under any Buyer purchase order, including all patent rights, copyrights, moral rights, rights in proprietary information, database rights, trademark rights and other intellectual property rights. All such intellectual property that is protectable by copyright will be considered work(s) made for hire for Buyer (as the purpose of reviewing its compliance with phrase “work(s) made for hire” is defined in the management of United States Copyright Act (17 U.S.C. § 101)) or will give Buyer property “first owner” status related to this Orderthe work(s) under local copyright law where the work(s) was created. If by operation of law any of such intellectual property is not owned in its entirety by Xxxxx automatically upon creation, then Xxxxxx agrees to transfer and assign to Buyer, and hereby transfers and assigns to Buyer, the entire right, title and interest throughout the world to such intellectual property.

Appears in 1 contract

Samples: Global Purchasing Terms and Conditions

BUYER PROPERTY. A. Title to all property furnished to Seller by Xxxxx, or paid for by Buyer shall remain with Buyer. Seller shall not alter or use such property for any purpose or for any other Party party other than that specified by Xxxxx, without the prior written consent of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theft, destruction of or damage to Buyer property while in Seller’s possession or control. If Seller damages any property, Seller shall be responsible for making repairs at no cost to Buyer. Upon Xxxxx’s written request to Seller for any property under this clause, if Seller cannot locate Buyer property within five (5) days, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costs, or remake the lost property at no cost to Buyer. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 1 contract

Samples: General Provisions

BUYER PROPERTY. A. Title Buyer owns all right, title and interest in the Buyer Property. Except for the license granted below, Seller does not have and will not acquire any right, title or interest in or to all property furnished any of the Buyer Property. Seller will retain Buyer Property and will exercise appropriate care toward it to Seller by Xxxxxprotect against damage, destruction, loss, unauthorized use, or paid for by unauthorized disclosure, but in no event will Seller exercise a lower degree of care in safeguarding Buyer shall remain with Buyer. Property than Seller shall uses in safeguarding its own property of a similar nature, provided that such degree of care is clear and consistent to ensure the protection of valuable property. a. Seller will not alter encumber, including not possess or assert any lien or other right against Buyer Property. b. Buyer hereby grants Seller a royalty-free, non-exclusive, revocable license to use such property for any purpose or Buyer Property solely in connection with providing the services and performance of its obligations as set forth in the Purchase Order, and not for any other Party other than that specified by Xxxxx, without the prior written consent purpose. Seller will promptly notify Buyer of Buyer. If Xxxxx agrees to pay Seller for acquisition of tooling and equipment, either separately or as a stated part of the unit price of Products purchased herein, title to the same shall pass to Buyer upon (i) commencement of processing for use in performance of this Order, or (ii) Buyer payment therefore, whichever occurs first. B. Seller shall assume the risk of, and be responsible for, any loss, theftdamage, destruction of or damage destruction, to Buyer property while Property in its possession and reimburse Buyer for the value of such lost, damaged or destroyed Buyer Property. c. Seller will neither dispose of Buyer Property nor transfer possession of it to anyone else except in accordance with these Terms and the applicable Purchase Order. Seller will follow Buyer’s written instructions for disposition of any of Buyer Property (including any Records that are Buyer Property) in Seller’s possession at any time or controlupon expiration or other termination of an applicable Purchase Order. If Such disposition may include destruction, delivery to Buyer, or delivery to a third party designated by Buyer or to another destination of Buyer's choosing. d. Other than as provided in this Section, if Buyer does not furnish written instructions for disposition of its property within a reasonable period of time after expiration or termination of the Agreement or any Purchase Order, Seller damages will deliver to Buyer all Buyer Property in its possession and will destroy any propertyresidual Electronic Records that are Buyer Property, subject to any document retention requirement set forth in this Agreement. e. With respect to Laboratory Samples, Seller shall be responsible for making repairs at no cost to Buyerdispose of any waste generated from Seller’s possession of the Laboratory Samples in accordance with Applicable Law and in accordance with the provisions of these Terms. Upon Xxxxx’s written request to Information regarding the Laboratory Samples (including the identity, description, and properties of any Laboratory Samples and any information that Seller for any property under this clauseacquires from its processing, if Seller cannot locate Buyer property within five (5) daysstudy, Seller shall notify Buyer that the item was not located and Seller subsequently has twenty (20) days to find the misplaced property. After such period, if it has not been located, the property shall be deemed "lost" and at Buyer’s election, Seller shall either reimburse Buyer for the replacement and all related delay costsuse, or remake handling of the lost property at no cost to BuyerLaboratory Samples) is Buyer Property. C. Seller shall return all such property in a condition as good as when received except for reasonable wear and tear. Seller shall establish and maintain a property control system approved by Buyer. At all times, Buyer shall have access to Seller’s facilities for the purpose of reviewing its compliance with the management of Buyer property related to this Order.

Appears in 1 contract

Samples: Terms and Conditions

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