Buyer's Materials a. Any materials, including but not limited to tools, molds, dies, gauges, jigs, fixtures and patterns, furnished by Buyer in connection with this Agreement shall be held by Seller as bailee for hire for use only in filling Buyer's orders, be kept separate and clearly identified by Seller as Buyer's property, and shall be fully insured by Seller in an amount equal to the replacement cost thereof with loss to be paid to the Buyer.
b. Notice of loss or damage shall be provided by Seller to the Buyer within seven (7) calendar days of the occurrence of the loss or damage. All such materials furnished by Buyer which are not consumed in the performance of this Agreement shall be returned to Buyer at Buyer's direction. Seller waives and releases Buyer from, and Seller shall defend, indemnify and hold harmless Buyer from and against all claims of injury or damage to Seller, its employees and/or others, arising out of or in connection with the presence or use of such materials, whether such injury or damage is caused by defects in such materials, Buyer's negligence or that of its agents or employees, or otherwise.
Buyer's Materials. The Buyer is responsible for ensuring that any information, specifications and drawings provided to Mascot by the Buyer or its agents do not infringe intellectual property rights (including copyright) of any person, nor infringe laws in any jurisdiction. The Buyer indemnifies Mascot against, and holds it harmless from, any claim by it and any third party, or loss, damage, cost, expense or penalty suffered or incurred by Xxxxxx, whether direct or indirect, consequential or inconsequential, arising out of, or in any way in connection with, a breach or infringement (alleged or actual) of intellectual property or law, in any jurisdiction, relating to all or part of the material supplied by the Buyer or its agents.
Buyer's Materials. All materials, parts and documents, including tools, forms, patterns, models, profiles, designs, drawings, test requirements, standard specifications, samples, templates and test materials (collectively, the “Buyer’s Materials”), supplied by Buyer to Seller shall remain the property of Buyer and may be used only as priorly agreed between Buyer and Seller. Buyer’s Materials are provided by Xxxxx “as is”. Any processing of materials and assembling of parts by Seller shall be carried out on behalf of Xxxxx. Buyer shall be the joint owner of Goods that have been manufactured or produced using the Buyer’s Materials. Seller shall not transfer, convey, sell or assign the Buyer’s Materials, along with items manufactured using Buyer’s Materials, to third parties without Buyer’s prior written consent. Seller shall not use Buyer’s Materials for purposes other than those agreed with Buyer and shall not allow unauthorized inspection and use by third parties. With further rights being reserved, in case of breach of this Section by Xxxxxx, Xxxxx may request the return of Xxxxx’s Materials.
Buyer's Materials. All of Buyer’s tooling materials and other property in Seller’s possession shall be held by Seller as bailee for hire for use only in filling Buyer’s Purchase Orders, be kept separate, and be clearly identified by Seller as Buyer’s property, and shall be fully insured by Seller. All such materials not consumed in the performance of the Purchase Order shall be held pursuant hereto until Buyer otherwise directs, Seller waives and releases Buyer from and Seller shall defend, indemnify and hold harmless Buyer from and against, all claims for injury or damage to Seller, its employees or others arising out of or in connection with the presence or use of such materials whether such injury or damage is caused by defects in materials. Buyer’s negligence or otherwise.
Buyer's Materials. Where the Buyer supplied patterns, drawings, samples, equipment or materials (hereinafter sometimes referred to collectively as “materials”) for the production of the goods, the quotation of the Seller is made on the assumption that such patterns or other materials are in good condition, true to drawings and entirely suitable to the methods of production of Seller or Seller’s supplier, and for the production of the goods in the quantities required. For the mutual benefit of the parties, the Buyer will consult the Seller when new patterns or materials are to be made. While the Seller uses its best endeavors to verify patterns or materials supplied by the Buyer, no responsibility is accepted by the Seller for the accuracy of the Buyer’s patterns or materials. Replacement of, or alterations, or repairs to the Buyer’s patterns or materials due to normal wear and tear which render their condition unsuitable for satisfactory production, shall be paid for by the Buyer. The Seller will use the best endeavors to ensure that all reasonable care is taken of the Buyer’s patterns or materials while in the Seller’s or its supplier’s possession, but no liability is accepted for loss or damage arising from accident, fire, flood, larceny, civil commotion, war, or deterioration. No insurance will be affected with respect to patterns or materials lodged with the Seller or its supplier from which the Buyer has not required goods to be made for a period of twelve (12) months or more.
Buyer's Materials. 21.1 In relation to any orders for which the buyer supplies Renold with Materials, where any Materials prove to be unsuitable for the treatment that Xxxxxx is required to give them, the buyer will pay Renold for all work done and indemnify Renold against any loss or damage it may have suffered through their unsuitability.
Buyer's Materials. Any materials, including but not limited to documents, tools, molds, dies, gauges, jigs, fixtures and patterns, electronic files, CAD files, CNC and CMM Programs, etc., furnished by Buyer (hereinafter “Buyer-Furnished Items”) in connection with this Order shall be (a) held by Seller as bailee for hire for use exclusively in filling Buyer's orders, (b) kept separate and clearly identified by Seller as Buyer's property, and (c) fully insured by Seller in an amount equal to the replacement cost thereof with loss to be paid to the Buyer. Title to all tooling, test equipment and material identified as a separate line item under this or any previous Orders and fabricated or acquired by Supplier required under this Order shall vest in Buyer upon any payment for such items (hereinafter “Buyer-Funded Items”). Any Buyer-Furnished Items and any Buyer-Funded Items shall be used only for and in the performance of this Order unless otherwise directed by Buyer in writing. Notice of loss or damage shall be provided by Seller to the Buyer within seven (7) calendar days of the occurrence of the loss or damage. All such materials furnished by Buyer which are not consumed in the performance of this Order shall be returned to Buyer at Buyer's direction. Seller waives and releases Buyer from, and Seller shall defend, indemnify and hold harmless Buyer from and against all claims of injury or damage to Seller, its employees and/or others, arising out of or in connection with the presence or use of such materials, whether such injury or damage is caused by defects in such materials, Buyer's negligence or that of its agents or employees, or otherwise.
Buyer's Materials. All of Buyer’s tooling, goods and other property in Seller’s possession shall be fully insured by Buyer and Buyer releases Seller from all liability for loss of damage to such materials caused by Seller’s negligence or otherwise. At any time after one year since completion of any order requiring the use of such materials, Seller may use or dispose of such materials without liability to Buyer.
Buyer's Materials. 18.1 In relation to any orders for which the buyer supplies Renold with its own blanks, patterns or other materials ("Materials"), these Conditions will apply as if a reference to the price of the Services were substituted for the reference to the price of the Goods.
18.2 Where any Materials prove to be unsuitable for the treatment that Xxxxxx is required to give them, the buyer will pay Renold for all work done and indemnify Renold against any loss or damage it may have suffered through their unsuitability.
Buyer's Materials. 10.1 Where the Buyer provides the Company with materials and/or goods on which to work or for the manufacture of the goods the Buyer shall deliver to the Company's premises (as notified to the Buyer) all such materials and/or goods not less than 15 days in the case of card assemblies, 30 days in the case of box build and 10 days in any other case before the date of manufacture of the goods as notified by the Company to the Buyer. If the Buyer fails to deliver all the materials and/or goods to the Company's premises on the agreed date the Company shall have the immediate right to increase the price of the goods to cover any additional costs incurred by the Company as a result of the Buyer's delayed delivery and to revise any agreed delivery dates for the goods.
10.2 The Company shall accept liability for such materials and/or goods only as bailee and such liability shall be limited to the actual manufacturing costs of such materials and/or goods to the Buyer. In particular, the Company shall not be responsible for consequential loss in respect of any loss or damage occurring to such materials and/or goods.
10.3 Carriage of such materials and/or goods to the Company's premises or as ordered by the Buyer shall be at the Buyer's expense and risk.
10.4 The Company shall have a general lien on any such materials and/or goods for any amounts due and owing to the Company and the Company may, after seven days notice sell such materials and/or goods in order to recover amounts due and owing by the Buyer to the Company. The Company shall account to the Buyer for any balance of the proceeds of sale of such materials and/or goods which is outstanding after the deduction of all amounts owing to the Company by the Buyer and the expenses of the sale.
