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. 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. Unless otherwise agreed in writing, all tangible and intangible property, including. but not limited to, information or data of any description, tools, materials, drawings, computer software, know-how, documents. trademarks, copyrights, equipment or material furnished to Seller by Buyer or specifically paid for by Buyer, and any replacement thereof, or any materials affixed or attached thereto, shall be and remain Buyer’s personal property. Except as set forth in Section 5 of the Supply Agreement, such property furnished by Buyer shall be accepted by Seller “AS IS” with all faults and without any warranty whatsoever, express or implied. Seller shall use such property at its own risk, and Buyer makes no warranty or representation concerning the condition of such property. Such property and, whenever practical, each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as Buyer’s property, safely stored separate and apart from Seller’s property and properly maintained by Seller. Seller further agrees to comply with any handling and storage requirements provided by Buyer for such property. Seller shall not substitute any other property for Buyer’s property. Seller will inspect Buyer’s property prior to use and will train and supervise its employees and other authorized users of such property in its proper and safe operation. Seller shall use Buyer’s property only to meet Buyer’s orders, and shall not use it. disclose it to others or reproduce it for any other purpose. Such property, while in Seller’s care, custody or control, shall be held at Seller’s risk, shall be kept free of encumbrances and insured by Seller at Seller’s expense in an amount equal to the replacement cost thereof 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 shipment and redeliver to Buyer in the same condition as originally received by Seller, reasonable wear and tear excepted, all at Seller’s expense. As noted in Section 15.4(b), “Assists”, any consigned material, tooling or technology used in production of the goods shall be identified on the commercial or pro forma invoice used for international shipments. Buyer hereby grants a non-exclusive, non-assignable license, which is revocable with or without cause at any time, to Seller to use any information, drawings, specifications, computer software, know-how and other data furnished or paid for by Buyer he...
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. 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 howsoever caused 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, destruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, Seller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, use suitable precautions to prevent any damage, loss or destruction to Buyer’s property. If any such property is damaged, lost or destroyed by the fault or negligence of Seller or Seller’s Subcontractors, Seller shall, at no cost to Buyer promptly and equitably reimburse Buyer for such damage or repair or otherwise repair or replace such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover such amounts from Seller as a debt payable on demand. Seller shall notify Xxxxx's Authorized Procurement Representative if Xxxxx's property is lost, damaged or destroyed. As directed by Xxxxx, upon completion, change, termination or cancellation (in each case whether in whole or in part) 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 25 limits Seller's use, in its direct contracts with the government, of property in which the government has an interest.
BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, containers, equipment 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 this Contract, or for which Supplier has been reimbursed by Buyer outside of the piece price (“Buyer’s Property”), shall be and remain the property of Buyer and held by Supplier on a bailment basis. 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 shall 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 shall bear all risk of loss of and damage to Buyer’s Property while it is in Supplier’s possession or under its control. Buyer’s Property shall at all times be properly housed, maintained and/or stored by Supplier, at its expense, shall not be used by Supplier for any purpose other than the performance of this Contract; shall be deemed to be personalty; shall be conspicuously marked by Supplier as the property of Buyer; shall not be commingled with the property of Supplier or with that of a third person; and shall not be moved from Supplier’s premises without Buyer’s prior written approval. Buyer and its designees shall 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 Buyer, Xxxxx’s Property shall be immediately released to Buyer or delivered to Buyer by Supplier either (i) FCA transport equipment at Supplier’s plant (Incoterms 2010), 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 Supplier the reasonable costs of delivering such property to such location.. To the fullest extent permitted by law, Supplier waives any liens, claims, encumbrances, interests or other rights that Supplier might otherwise have or assert on or with respect to any of Buyer’s Property for work performed on such property or otherwise. Supplier shall indemnify, defend and hold harmless Buyer, its affiliates...
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 Xxxxx’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:
14.2 Supplier shall maintain and keep the Buyer's Property in good condition. The Buyer will compensate Supplier at its normal hourly rates for all calibration, maintenance or repair services to the Buyer’s equipment or tooling (other than normal preventative maintenance services or services to correct defects caused by Supplier’s act or omissions negligence or wilful misconduct, provided that the Buyer approves such services and rate in advance and in writing. The Buyer is not required to compensate Supplier for any such services associated with equipment or tooling owned by Supplier and not intended to be assigned to the Buyer.
14.3 The Buyer's Property shall not be removed from Supplier's premises except on the prior written permission of the Buyer. Supplier may remove Buyer’s Property from Supplier’s premises for purposes of repair provided that Supplier provides advance notice to the Buyer of the anticipated removal.
14.4 Supplier shall keep the Buyer’s Property separate and apart from its own property and that of other persons and shall clearly mark the Buyer’s Property as being the Buyer’s property.
14.5 The Buyer's Property shall not be used by Supplier for any purpose other than for the supply of Product to the Buyer.
14.6 Supplier will compile and submit reports on the status of the Buyer’s Property as reasonably requested by the Buyer including details on any repairs and maintenance necessary to maintain supply of Product to specification.
14.7 Supplier shall be liable to the Buyer for any loss of or damage to the Buyer’s Property during the time it is in Supplier’s possession, custody or control. During such time Supplier shall insure the Buyer’s Property at full re...
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. Buyer shall insure all materials, fixtures, tooling and other property delivered to Seller against all risks and waives subrogation in the event of loss of or damage to such property or personal injury arising from the use or storage of such property.
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
