BUYER’S PROPERTY. Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer's property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property while in Seller's possession, custody or control, including any transfer to Seller’s subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, termination or cancellation of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer 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 Government, of property in which the Government has an interest
BUYER’S PROPERTY. All tangible and intangible property, including information or data of any description, tools, materials, drawings, computer software, know-how, documents, trademarks, copyrights, equipment or material: (a) furnished to Supplier by Buyer; (b) specifically paid for by Buyer; or (c) created with Buyer’s IP Rights (defined in Section 5 below) shall be and remain Buyer’s personal property (collectively, “Buyer’s Property”). Such Buyer’s Property furnished by Buyer to Supplier shall be accepted by Supplier “AS IS” with all faults and without any warranty whatsoever, express or implied, shall be used by Supplier at its own risk, and shall be subject to removal and/or return at Buyer’s written request. Supplier shall not substitute any other property for Buyer’s Property. Promptly upon receipt of a removal request from Buyer, Supplier shall prepare such Buyer's Property for shipment and deliver it to Buyer at Supplier’s expense in the same condition as originally received by Supplier, reasonable wear and tear excepted. Prior to using Buyer’s Property, Supplier shall inspect it and train its personnel and other authorized users in its safe and proper operation. In addition, Supplier shall: (i) keep Buyer’s Property free of encumbrances and insured at Supplier’s expense at an amount equal to the replacement cost thereof with loss payable to Buyer; (ii) plainly mark or otherwise adequately identify Buyer’s Property as owned by Buyer; (iii) unless otherwise agreed to by Buyer in writing, store Buyer’s Property separate and apart from Supplier’s and third party owned property under Supplier’s control; (iv) maintain Buyer’s Property properly, and in compliance with any handling and storage requirements provided by Buyer, or that accompanied it when delivered to Supplier; (v) supervise the use of Buyer’s Property; and (vi) use Buyer’s Property only to meet Xxxxx’s Orders without disclosing or otherwise reproducing it for any other purpose.
BUYER’S PROPERTY. (a) All property used by Seller in connection with this Order which is owned, furnished, charged to, or paid for by Buyer including, but not limited to, materials, tools, dies, jigs, molds, patterns, fixtures, equipment, drawings and other technical information, specifications, and any replacement thereof, shall be and remain the property of Buyer subject to removal and inspection by Buyer at any time without cost or expense to Buyer and Buyer shall have free access to Seller’s premises for the purpose of inspecting or removing such property. All such property shall be identified and marked as Buyer’s property, used only for this Order and adequately insured by Seller at its expense for Buyer’s protection. Seller shall assume all liability for and maintain and repair such property and return the same to Buyer in its original condition, except for reasonable wear and tear, and when such property is no longer required hereunder, Seller shall furnish Buyer with a list thereof and shall comply with any Buyer disposition instructions applicable thereto. Buyer shall not be obligated to pay any invoices for tooling until the first article produced therefrom shall have been received and accepted. (b) Materials furnished by Buyer on other than a charge basis in connection with this Order shall be deemed to be held by Seller as Bailee thereof. Seller agrees to pay Xxxxx’s replacement cost for all such material spoiled or otherwise not satisfactorily accounted for over and above 2% thereof allowable for scrap loss. Notwithstanding the aforementioned, this clause shall not apply if this Order is issued in support of a Government Prime Contract and is not a commercial item pursuant to FAR Part 12. Instead, the applicable FAR clauses shall govern.
BUYER’S PROPERTY. All drawings, tools, jigs, dies, fixtures, Products, and other items supplied or paid for by Buyer shall be and remain the property of Buyer (“Buyer’s Property”), and Buyer shall have the right to enter Seller’s premises and remove Xxxxx’s Property at any time. Buyer’s Property shall be used by Seller only in its performance hereunder. Seller shall maintain Buyer’s Property and shall be responsible for all loss or damage thereto, except for normal wear and tear.
BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier to perform the Contract, or for which Supplier has been paid (other than through piece price amortization) by Buyer (“Buyer’s Property”), will be and remain the property of Buyer, and all right, title and interest in Xxxxx’s Property will remain with Buyer, subject only to the limited right of possession granted to Supplier under this Section. Buyer will, at any time, have the right to immediate possession of Xxxxx’s Property, on Xxxxx’s demand. If title in any Buyer’s Property has not otherwise passed to Buyer, title will pass to Buyer immediately upon completion of Buyer’s production part approval process (PPAP) for such property or the date Buyer first makes any payment to Supplier relating to such property, whichever comes first. Supplier will bear all risk of loss of and damage to Xxxxx’s Property. Buyer’s Property will at all times be properly housed and maintained by Supplier, at its expense, will not be used by Supplier for any purpose other than the performance of the Contract; will be deemed to be personally; will be conspicuously marked by Supplier as the property of Buyer; will not be commingled with the property of Supplier or with that of a third person; and will not be moved from Supplier’s premises without Buyer’s prior written approval. Buyer and its designees will have the right to enter Supplier’s premises at all reasonable times to inspect Buyer’s Property and Supplier’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by Supplier, either
BUYER’S PROPERTY. 14.1 Buyer’s Property shall become and/or remain the exclusive property of the Buyer. The Buyer may demand possession thereof at any time without notice; however, if such a demand of possession is made and it affects Supplier’s cost of performing the Order(s) on which the Buyer’s Property is or was to be used, or affects Supplier’s ability to meet any delivery dates under such Order(s), then such demand shall constitute a modification for which Supplier is entitled to a price adjustment or delivery schedule adjustment or both. Similarly, if Supplier requires such demanded Buyer’s Property and it adversely impacts the ability of Supplier to perform its obligations under this Agreement, Supplier shall be reasonably excused from such further obligations. Further Supplier warranty that:
BUYER’S PROPERTY. Seller shall clearly mark, maintain an inventory of and keep segregated or identifiable all of Buyer’s property and all property to which Xxxxx acquires an interest by virtue of this contract. Seller assumes all risk of loss, destruction or damage of such property while in Seller’s possession, custody or control. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss. Seller shall not use such property other than in performance of this contract without Xxxxx’s prior written consent. Seller shall notify Xxxxx’s Authorized Procurement Representative if Xxxxx’s property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, termination or cancellation of this contract, Seller shall deliver such property, to the extent not incorporated in delivered materials, to Buyer 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 Government, of property in which the Government has an interest.
BUYER’S PROPERTY. Any property, including but not limited to equipment, tools, fixtures, dies, jigs, patterns, gauges or materials, furnished either directly or indirectly by Buyer to Seller in connection with this Agreement, or which Buyer buys from, or gives reimbursement to, Seller in whole or in part (collectively, “Buyer’s Property”) is the sole property of Buyer and will be held by Seller on a bailment basis. Seller agrees that Buyer has the right, at any time, to retake possession of Buyer’s Property. While in Seller’s custody or control, Seller bears the risk of loss, theft and damage to Buyer’s Property. Seller agrees to keep Buyer’s Property free from all liens and encumbrances and insure Buyer’s Property against loss or destruction. Seller must permanently xxxx all Buyer’s Property as “Property of Buyer”. Seller will: (a) use Buyer’s Property only for the performance of this Agreement, (b) not deem Buyer’s Property to be personal, (c) not move Buyer’s Property from the address designated on the purchase order without prior written approval from Buyer, and (d) not sell, transfer or otherwise dispose of Buyer’s Property without the prior written consent of Buyer. Buyer has the right to enter Seller’s premises at all reasonable times to inspect Buyer’s Property and Seller’s related records.
BUYER’S PROPERTY. Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer’s property and all property to which Xxxxx acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction, or damage of such property while in Seller’s possession, custody, or control. Seller shall not use such property other than in performance of this Contract without Xxxxx’s prior written consent. Seller shall notify Xxxxx’s Authorized Procurement Representative if Xxxxx’s property is lost, damaged, or destroyed. As directed by Buyer, upon completion, termination or cancellation of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered goods, to Buyer in good condition subject to ordinary wear and tear
BUYER’S PROPERTY a. Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer’s property and all property to which Xxxxx acquires an interest by virtue of this contract. Seller assumes all risk of loss, destruction or damage of such property while in Seller’s possession, custody or control, including any transfer to Seller’s subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss. Seller shall not use such property other than in performance of this contract without Xxxxx’s prior written consent. Seller shall notify Xxxxx’s Authorized Procurement Representative if Xxxxx’s property is lost, damaged, destroyed or otherwise compromised. As directed by Xxxxx, upon completion, termination or cancellation of this contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses.
