Common use of BUYER PROPERTY Clause in Contracts

BUYER PROPERTY. All supplies, materials, computer files, tools, jigs, dies, gauges, fixtures, molds, patterns, diagrams, equipment, and other items furnished by Buyer, either directly or indirectly, to Seller or its Subcontractors to perform this Agreement or any PO, or for which Seller has been reimbursed by Buyer (“Buyer Property”), shall be and remain the property of Buyer and held by Seller on a bailment basis. Seller shall bear the risk of loss of and damage to Buyer Property. Buyer Property shall (i) at all times be properly housed and maintained by Seller, at its expense, (ii) not be used by Seller or its Subcontractors for any purpose other than the performance of this Agreement, (iii) be deemed to be personalty and conspicuously marked by Seller as the property of Buyer, (iv) shall not be commingled with the property of Seller, of its Subcontractors, or with that of any other third party, and (v) shall not be moved from Seller’s premises (or Subcontractor’s premises, as applicable) without Buyer’s prior written approval. Upon the request of Buyer, Buyer Property shall be immediately released to Buyer or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. Where permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any Buyer Property for work performed on such property or otherwise.

Appears in 2 contracts

Samples: Supply Agreement (Cricut, Inc.), Supply Agreement (Cricut, Inc.)

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BUYER PROPERTY. All suppliesproperty used by Seller in connection with its performance under the Agreement which is owned, furnished, or consigned by Buyer, or is charged to or paid for by Buyer, including but not limited to materials, computer files, tools, jigs, dies, gauges, fixturesjigs, molds, patterns, diagramsfixtures, equipment, drawings, domain names, logos, marks, specifications and technical and other items furnished by Buyer, either directly or indirectly, to Seller or its Subcontractors to perform this Agreement or any PO, or for which Seller has been reimbursed by Buyer documentation (the Buyer Property”), ) shall be and remain the property of Buyer, including any intellectual property rights associated therewith. Unless already so marked by Buyer, Seller shall identify and conspicuously mark all Property as belonging to Buyer and, upon request, shall furnish Buyer a list of all Property being held by Seller. All Property shall be used only for Seller’s performance under the Agreement and held by Seller on a bailment basisat Seller’s risk and insured at Seller’s sole expense in an amount equal to its replacement cost, with loss payable to Buyer. Buyer may inspect and/or remove any Property at any time at no charge to Buyer, and Buyer shall have reasonable access to Seller’s premises for such purpose. Seller shall bear the risk of loss of and damage return such Property to Buyer Propertyupon Xxxxx’s demand at Seller’s sole expense. Any rights not expressly granted to Seller in the Agreement are reserved by Buyer and its affiliates. Neither the delivery of any Property nor any provision of this Agreement (including without limitation any licenses granted to Seller by Buyer) shall (i) at all times be properly housed and maintained by Seller, at its expense, (ii) not be used by deemed or construed to grant to Seller or its Subcontractors for any purpose other than the performance of this Agreement, (iii) be deemed to be personalty and conspicuously marked by Seller as the property of Buyer, (iv) shall not be commingled with the property of Seller, of its Subcontractors, or with that of any other third party, and (v) shall not be moved from Seller’s premises (either expressly, by implication or Subcontractor’s premisesby way of estoppel, as applicable) without Buyer’s prior written approval. Upon the request any right or license under patents of Buyer, Buyer Property shall be immediately released to Buyer or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly packed and marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such property to such location. Where permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any Buyer Property for work performed on such property or otherwiseits affiliates.

Appears in 1 contract

Samples: Purchase Order Agreement

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BUYER PROPERTY. All parts, supplies, materials, computer files, tools, jigs, dies, gauges, fixtures, molds, patterns, diagrams, equipment, and specifications, drawings, samples or other items materials furnished by Buyer, either directly or indirectly, to Seller or its Subcontractors by Buyer to perform this Agreement or any PO, agreement or for which Seller has been reimbursed by Buyer (“Buyer Property”)Xxxxx, and all work in progress shall be and remain the property of Buyer and held by Seller on a bailment basisBuyer. Seller shall should bear the risk of loss of and or damage to Buyer Propertysuch property. Buyer Property Such property shall (i) at all times be properly housed and maintained by SellerSeller at all times, at its expense, (ii) not be used by Seller or its Subcontractors for any purpose other than the performance of this Agreement, (iii) shall be deemed to be the personalty and conspicuously marked by Seller as the property of Buyer, (iv) shall be marked “Property of TDS Automation.” by Seller, shall not be commingled with the property of Seller, of its Subcontractors, Seller or with that of any other a third partyperson, and (v) shall not be moved from form Seller’s premises (or Subcontractor’s premises, as applicable) without Buyer’s prior written approval. Upon the Seller shall upon Xxxxx’s request of Buyer, Buyer Property shall be immediately released to Buyer or delivered to Buyer by Seller, either (i) F.O.B. transport equipment at Seller’s plant, properly deliver such property packed and marked in accordance with according to the requirements of the carrier carriers selected by Buyer to transport such property, or (ii) property to any location designated by Buyer, in which event TDS Automation F.O.B. at Seller’s plant. Buyer shall pay have the right to Seller the enter onto Seller’s premises at any reasonable costs of delivering time to inspect such property and Xxxxxx’s records with respect thereto or to take possession of and remove such locationproperty. Where permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any Buyer Property for work performed on shall use such property only in connection with this agreement, and shall not use such property in any manner whatsoever for the benefit of any other customer or otherwisethird party without the prior written consent of Buyer.

Appears in 1 contract

Samples: Purchase Order Agreement

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