Common use of BUYER’S PROPERTY Clause in Contracts

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

Appears in 3 contracts

Samples: www.raufosstechnology.com, www.raufosstechnology.com, www.raufosstechnology.com

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BUYER’S PROPERTY. All suppliesSeller shall clearly mark, materialsmaintain an inventory of, prototype and production toolskeep 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, jigsdestruction or damage of such property howsoever caused while in Seller's possession, diescustody or control, gaugesincluding any transfer to Seller’s Subcontractors. Upon request, fixturesSeller shall provide Buyer with adequate proof of insurance against such risk of loss, moldsdestruction or damage. Seller shall not use such property other than in performance of this Contract without Xxxxx's prior written consent. At all times, patternsSeller shall and shall ensure that Seller and Seller’s Subcontractor thereof shall, equipmentuse suitable precautions to prevent any damage, related software 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 other items 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 (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereofin each case whether in whole or in part) furnished by Buyer, either directly or indirectly, to Supplier to perform the of this 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 Seller shall deliver such property, whichever comes firstto the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. 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 SupplierNothing in this article 25 limits Seller's use, at in 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 direct contracts with the government, of 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 in which 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, eithergovernment has an interest.

Appears in 3 contracts

Samples: www.boeingsuppliers.com, www.boeingsuppliers.com, Formation of Contract

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contractthis contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the Contractthis contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierXxxxxx’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (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. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on such property or otherwise.

Appears in 3 contracts

Samples: General Terms and Conditions, isuzu.de, www.gdlscanada.com

BUYER’S PROPERTY. All suppliesproperty used by Supplier in connection with the Purchase Order which is owned, furnished, charged to or paid for by Buyer, including, but not limited to, materials, prototype and production tools, jigs, dies, gauges, fixturesjigs, molds, patterns, fixtures, equipment, related software drawings and other items (together with technical information, information provided or stored on electronic media, computer software, specifications, and any accessionsreplacement thereof, 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 shall be and remain Buyer’s property and shall be subject to removal and inspection by Buyer at any time without cost or expense to Buyer. Buyer shall have free access to Supplier’s premises for the purpose of inspecting or removing such property. Supplier shall identify and xxxx all such property of as Buyer’s property, use such property only to perform its obligations under the Purchase Order, and adequately insure such property at Supplier’s expense for Buyer’s protection. Supplier shall assume all rightliability for and maintain and repair such property and return the same to Buyer in its original condition, title reasonable wear and interest in Xxxxxtear excepted. When such property is no longer required to perform Supplier’s Property will remain obligations under the Purchase Order, Supplier shall furnish Buyer with a list thereof and comply with any disposition instructions provided by 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 shall not be used obligated to pay for tooling unless such obligation is expressly set forth on the face of the Purchase Order, and in no event shall Buyer be required to pay for tooling until after the first article produced therefrom has been inspected and shipped by Supplier for any purpose and received, inspected and accepted by Buyer. Materials furnished by Buyer on other than a change basis in connection with the performance of the Contract; will Purchase Order shall be deemed to be personally; will be conspicuously marked held by Supplier as the property of Buyer; will not be commingled with the property of bailee thereof. Supplier or with that of a third person; and will not be moved from Supplier’s premises without agrees to pay Buyer’s prior written approval. Buyer and its designees will have the right to enter Supplier’s premises at replacement cost for 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 such material spoiled or delivered to Buyer by Supplier, eitherotherwise not satisfactorily accounted for as scrap loss.

Appears in 2 contracts

Samples: Standard Purchase Order Terms and Conditions, Standard Purchase Order Terms and Conditions

BUYER’S PROPERTY. All suppliesUnless otherwise provided in writing, materialsany Buyer-owned property of any description, prototype and production including all tools, jigsequipment and materials which Buyer furnishes or makes available to Seller, diesand any replacement thereof, 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 shall be and remain the property of Buyer. Property other than materials shall not be modified without the written consent of the Buyer. Such property shall be plainly marked or otherwise adequately identified by Seller as property of Buyer (by name) and shall be safely stored separately and apart from Seller's property. Seller shall not use such property except for performance of work hereunder or as authorized in writing by Buyer. Such property while in Seller's possession or control shall be kept in good condition, shall be held at Seller's risk, and all rightshall be kept insured by Seller, title at Seller’s expense, in an amount equal to the replacement cost with loss payable to Buyer. To the extent such property is not materially consumed in Seller’s performance of the Purchase Order, it shall be subject to inspection and interest in Xxxxx’s Property will remain with removal by Buyer, subject only to the limited right of possession granted to Supplier under this Section. and Buyer will, at any time, shall have the right of entry for such purposes without any additional liability whatsoever to immediate possession of Xxxxx’s Property, on Xxxxx’s demandSeller. If title in any Buyer’s Property has not otherwise passed to As and when directed by Buyer, title will pass Seller shall disclose the location of such property and/or prepare it for shipment and ship F.O.B. its plant 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 propertyin as good condition as originally received by Seller, whichever comes first. Supplier will bear all risk of loss of reasonable wear 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, eithertear accepted.

Appears in 2 contracts

Samples: www.jacobsvehiclesystems.com, www.indirecttcs.com

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, equipment dies, gauges, fixturesmodels, molds, patterns, equipment, related software and drawings or other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) materials furnished by the Buyer to Seller or made by Seller for the purpose of this order or paid for by the Buyer, either directly and all replacements thereof and materials fixed or indirectlyattached thereto, 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 shall be and remain the property of the Buyer. All Buyer’s property and, whenever applicable, each individual item thereof, will be plainly marked and otherwise adequately identified by Seller as “Property of Carrier Corporation,” and will at Seller’s expense be safely stored (separate and apart from Seller’s property whenever practicable) and will be kept free of all rightliens, title claims, encumbrances and interest in interests of third parties. Seller will not substitute any property for Xxxxx’s Property property, will remain not deliver or make available to any third party any of Buyer’s property or any property or goods developed, manufactured or created with the aid of any of Buyer’s property and will not use any of Buyer’s property or any property or goods manufactured, subject only to developed or created with the limited right aid of possession granted to Supplier under Buyer’s property, except in filling the orders of Buyer. Upon completion of this Section. Buyer willorder, or upon the written request of Xxxxx at any time, Seller will prepare all Buyer’s property for shipment and deliver such property to Buyer in the same condition as originally received by Seller, reasonable wear and tear excepted. Buyer shall have the right to immediate possession of Xxxxx’s Propertyright, 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 upon prior notice to enter Seller’s premises to inspect any and all Buyer’s Property property and Supplierany property or goods manufactured, developed or created with the aid of any Buyer’s records with respect theretoproperty. Upon the request of Xxxxx, Seller shall have such responsibility for Xxxxx’s Property will be immediately released property as is chargeable to Buyer or delivered to Buyer Seller by Supplier, eitherlaw by reason of its position as a bailee.

Appears in 2 contracts

Samples: Purchase Agreement, Terms and Conditions of Purchase

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contractthis contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 XxxxxBuyer’s Property. Buyer’s Property will shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the Contractthis contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierSeller’s records with respect thereto. Upon the request of XxxxxBuyer, XxxxxBuyer’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (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. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on such property or otherwise.

Appears in 2 contracts

Samples: Accommodation Agreement (Remy International, Inc.), Accommodation Agreement (Remy International, Inc.)

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contractthis contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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. Seller shall insure Buyer’s Property will with full fire and extended coverage insurance for its replacement value. Buyer’s Property shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than that the performance of the Contract; will be deemed to be personally; will this contract, shall be conspicuously marked by Supplier Seller as the property of Buyer; will , shall not be commingled with the property of Supplier Seller or with that of a third person; , and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierXxxxxx’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will property shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eitherF.O.B. 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. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on such property otherwise.

Appears in 2 contracts

Samples: www.skilledmfg.com, www.skilledmfg.com

BUYER’S PROPERTY. All suppliesSeller shall not purchase for the account of Buyer or charge to Buyer any tools, materials, prototype and production toolsdies, jigs, dies, gaugesmolds, fixtures, moldspatterns or other equipment (collectively, patterns"Tools") used or useable for producing Products pursuant to this Purchase Order, equipment, related software unless such Tools have been listed on Seller's invoice 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) approved by Buyer in writing. Seller acknowledges that all Tools so approved, all Tools otherwise supplied by Buyer or its customer, all castings that Buyer provides to Seller for any value-added services, including but not limited to machining, heat treating and painting, and all Products returned by Buyer for repair or pending replacement (collectively, "Buyer’s Property”)") are and shall be owned by Buyer and Tools shall be used only for the production of Products for Buyer. Seller shall have only temporary possession of Buyer’s Property and shall deliver all or any part thereof to Buyer immediately upon demand or automatically upon any bankruptcy or insolvency filing or other event. Seller at its own expense shall keep all Buyer’s Property in working condition and fully insured for the benefit of Buyer at all times while in Seller's possession, will be keep it segregated from all other assets and remain labelled as being the property of Buyer, and will immediately sign and file any UCC-1 forms required by Buyer in respect thereof. Seller bears 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) responsibility 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 Xxxxxany Buyer’s Property, including responsibility for loss and damage which occur despite Seller’s exercise of reasonable care, but excluding normal wear and tear. Buyer’s Seller hereby grants to the Buyer the option of purchasing any Tools which are not Buyer Property will at all times be properly housed and maintained by Supplierhave been used exclusively for the manufacture of the Products, at its expenseSeller's unamortized direct out of pocket cost. If Seller subcontracts all or any portion of the manufacture of the Tools, will not be Seller shall so notify Buyer in advance and obtain for Buyer all of the rights contained in this Paragraph 17 from each such subcontractor 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, eitherSeller.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipmentcontainers, related software 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 the this Contract, or for which Supplier has been paid (other than through reimbursed by Buyer outside of the piece price amortization) by Buyer (“Buyer’s Property”), will shall be and remain the property of Buyer, 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 held by Supplier under this Sectionon a bailment basis. Buyer will, at any time, have the right to immediate possession of Xxxxx’s Property, Property on Xxxxx’s demand. If title in any Buyer’s Property has not otherwise passed to Buyer, title will 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 will shall bear all risk of loss of and damage to XxxxxBuyer’s PropertyProperty while it is in Supplier’s possession or under its control. Buyer’s Property will shall at all times be properly housed and housed, maintained and/or stored by Supplier, at its expense, will shall not be used by Supplier for any purpose other than the performance of the this Contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier as the property of Buyer; will shall not be commingled with the property of Supplier or with that of a third person; and will shall not be moved from Supplier’s premises without Buyer’s prior written approval. Buyer and its designees will 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 XxxxxBuyer, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by Supplier either (i) FCA transport equipment at Supplier’s plant (Incoterms 2010), eitherproperly 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, agents, representatives and employees from and against all claims, liabilities, damages, losses, costs and expenses (including without limitation legal and other professional fees) arising out of or in connection with Supplier’s possession, handling or use of Buyer’s Property. To the extent any intellectual property rights owned by or licensed to Supplier is embodied in, or is otherwise necessary for the intended use of, any Buyer’s Property, Supplier hereby grants to Buyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Property, to use such intellectual property rights.

Appears in 1 contract

Samples: General Terms And

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipmentcontainers, related software 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 the this Contract, or for which Supplier has been paid (other than through reimbursed by Buyer outside of the piece price amortization) by Buyer (“Buyer’s Property”), will shall be and remain the property of Buyer, 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 held by Supplier under this Sectionon a bailment basis. Buyer will, at any time, have the right to immediate possession of XxxxxBuyer’s Property, Property on XxxxxBuyer’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 shall bear all risk of loss of and damage to XxxxxBuyer’s PropertyProperty while it is in Supplier’s possession or under its control. Buyer’s Property will shall at all times be properly housed and housed, maintained and/or stored by Supplier, at its expense, will shall not be used by Supplier for any purpose other than the performance of the this Contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier as the property of Buyer; will shall not be commingled with the property of Supplier or with that of a third person; and will shall not be moved from Supplier’s premises without Buyer’s prior written approval. Buyer and its designees will 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 XxxxxBuyer, XxxxxBuyer’s Property will shall be immediately released to Buyer or delivered to Buyer by Supplier. To the fullest extent permitted by law, eitherSupplier 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, agents, representatives and employees from and against all claims, liabilities, damages, losses, costs and expenses (including without limitation legal and other professional fees) arising out of or in connection with Supplier’s possession, handling or use of Buyer’s Property. To the extent any intellectual property rights owned by or licensed to Supplier is embodied in, or is otherwise necessary for the intended use of, any Buyer’s Property, Supplier hereby grants to Buyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Property, to use such intellectual property rights.

Appears in 1 contract

Samples: vendors.isuzuengines.com

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contractthis contract, or for which Supplier Xxxxxx has been paid (other than through piece price amortization) reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the Contract; will this contract shall be deemed to be personally; will personally shall be conspicuously marked by Supplier Seller as the property of Buyer; will Buyer shall not be commingled with the property of Supplier Seller or with that of a third person; person and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierXxxxxx’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller on its cost, eithereither (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.

Appears in 1 contract

Samples: www.sieteleguasautomotive.com

BUYER’S PROPERTY. All Unless otherwise indicated in this order, 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 Seller to perform the Contractthis order, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer (“Buyer’s Property”), will shall be and remain the property of Buyer, and all rightprovided, title and interest in Xxxxx’s Property will remain with Buyerhowever, subject only to that Seller shall bear 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 Propertysuch property, normal wear and tear excepted. Buyer’s Property will Such property shall at all times be properly housed and maintained by Supplier, at its expense, will Seller; shall be insured by Seller with fire and extended insurance coverage for the replacement value thereof; shall not be used by Supplier Seller for any purpose other than the performance of the Contract; will this order unless otherwise authorized in writing by Buyer, shall be deemed to be personally; will personal property (moveable property in Quebec), shall be conspicuously marked "Property of General Motors of Canada Limited" by Supplier as the property of Buyer; will Seller, shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from Supplier’s Seller's premises without Buyer’s 's prior written approval. Upon the request of Buyer, such property shall be immediately delivered to Buyer by Seller either (i) F.O.B. cars or trucks at Seller's plant, properly packed and its designees will 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 cost of delivering such property to such location. Buyer shall have the right to enter Supplier’s onto Seller's premises at all reasonable times to inspect Buyer’s Property such property and Supplier’s Seller'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.

Appears in 1 contract

Samples: GMCL Purchase Order Agreement (American Axle & Manufacturing Holdings Inc)

BUYER’S PROPERTY. a. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the ContractSeller’s obligations to Buyer, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the ContractSeller’s obligations to Buyer; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Unless otherwise agreed to in writing by Xxxxx, Seller at its own expense shall keep the Buyer's Property in good condition and repair, including repair necessitated by wear and tear and other usage by Seller. In the event that it becomes necessary, as determined by either Buyer or Seller, to replace the Buyer's Property due to normal use by the Seller, or otherwise, said replacement of Buyer's Property shall be at the sole expense of the Seller and its designees will said replacement Buyer's Property shall remain the property of the Buyer. Buyer shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property and SupplierSeller’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (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 Buyer’s Property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such Buyer’s Property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on Buyer’s Property or otherwise.

Appears in 1 contract

Samples: Supplier Terms and Conditions

BUYER’S PROPERTY. All suppliesproperty used by Supplier in connection with the Purchase Order which is owned, furnished, charged to or paid for by Buyer, including, but not limited to, materials, prototype and production tools, jigs, dies, gauges, fixturesjigs, molds, patterns, fixtures, equipment, related software drawings and other items (together with technical information, information provided or stored on electronic media, computer software, specifications, and any accessionsreplacement thereof, 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 shall be and remain Buyer’s property and shall be subject to removal and inspection by Buyer at any time without cost or expense to Buyer. Buyer shall have free access to Supplier’s premises for the purpose of inspecting or removing such property. Supplier shall identify and mark all such property of Buyeras Xxxxx’s property, use such property only to perform its obligations under the Purchase Order, and adequately insure such property at Supplier’s expense for Buyer’s protection. Supplier shall assume all rightliability for and maintain and repair such property and return the same to Buyer in its original condition, title reasonable wear and interest in Xxxxxtear excepted. When such property is no longer required to perform Supplier’s Property will remain obligations under the Purchase Order, Supplier shall furnish Buyer with a list thereof and comply with any disposition instructions provided by 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 shall not be used obligated to pay for tooling unless such obligation is expressly set forth on the face of the Purchase Order, and in no event shall Buyer be required to pay for tooling until after the first article produced therefrom has been inspected and shipped by Supplier for any purpose and received, inspected and accepted by Xxxxx. Materials furnished by Buyer on other than a change basis in connection with the performance of the Contract; will Purchase Order shall be deemed to be personally; will be conspicuously marked held by Supplier as the property of Buyer; will not be commingled with the property of bailee thereof. 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 agrees 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, pay Xxxxx’s Property will be immediately released to Buyer replacement cost for all such material spoiled or delivered to Buyer by Supplier, eitherotherwise not satisfactorily accounted for as scrap loss.

Appears in 1 contract

Samples: Standard Purchase Order Terms and Conditions

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the this Contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer (“Buyer’s Property”)Xxxxx, will shall be and remain the property of Buyer and held by Seller on a bailment basis ("Buyer, and all right, title and interest in Xxxxx’s Property will remain with Buyer, subject only to 's Property"). Seller shall bear 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 's Property. Buyer’s 's Property will shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the this Contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from Supplier’s Seller's premises without Buyer’s 's prior written approval. Buyer and its designees will shall have the right to enter Supplier’s Seller's premises at all reasonable times to inspect Buyer’s Property such property and Supplier’s Xxxxxx's records with respect thereto. Upon the request of Xxxxx, Xxxxx’s 's Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, either

Appears in 1 contract

Samples: www.butzel.com

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BUYER’S PROPERTY. All suppliesUnless otherwise agreed to in writing, materialslayouts, prototype and production models, all tools, jigsgauges, designs, sketches, drawings, blueprints, patterns, dies, gaugesspecifications, fixturesengineering data or other technical or proprietary information, moldsspecial appliances, patterns, equipment, related software and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) equipment or materials of every description furnished to Seller by Buyer, either directly or indirectlyany materials affixed or attached thereto, to Supplier to perform shall remain the Contract, or for which Supplier has been paid (other than through piece price amortization) by property of the Buyer (“Buyer’s Property”). Such property (and whenev-er practical, will each individual item thereof), shall be and remain the plainly marked or otherwise adequately identified by Seller as “property of International Wire Group” and shall be safely stored separate and apart from Seller’s property and shall be sub-ject to examination by Buyer, and all right, title and interest in Xxxxx. Seller shall not substitute any property for Buyer’s Property will remain with and shall not use such except in filling Buyer, subject only to the limited right of possession granted to Supplier under this Section’s orders. Buyer will, at any time, have the right to immediate possession of XxxxxBuyer’s Property, on Xxxxxwhile in Seller’s demand. If title custody or control, shall be maintained in any Buyergood condi-tion at Seller’s Property has not otherwise passed expense, shall be held at Seller’s risk and shall be kept insured by Seller at Seller’s expense in an amount equal to the replacement cost with loss payable 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 shall be subject to removal 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 request, in which event Seller shall prepare Buyer’s Property for shipment and Suppliershall deliver the same to Buyer in the same condition as originally received by Seller, reasonable wear and tear excepted. Any special tooling, the full cost or a substantial portion of the cost of which is included in the price of Buyer’s records with respect theretoorders, shall upon completion of orders become the properly of Buyer. Upon Seller shall return the request of Xxxxx, Xxxxx’s Property will be immediately released same to Buyer or delivered to Buyer make such other disposition thereof as may be directed or approved by Supplier, eitherBuyer.

Appears in 1 contract

Samples: Terms and Conditions

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contractthis contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the Contract; will this contract shall be deemed to be personally; will personally shall be conspicuously marked by Supplier Seller as the property of Buyer; will Buyer shall not be commingled with the property of Supplier Seller or with that of a third person; person and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierXxxxxx’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller on its cost, eithereither (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.

Appears in 1 contract

Samples: www.cieautomotive.com

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the Contract, this contract or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Xxxxx, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain the property of . Unless otherwise agreed to by Buyer, Seller at its expense shall keep in good condition, and all right, title and interest in replace Xxxxx’s Property will remain with Buyer, subject only to when necessary. Seller shall bear 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 for full replacement value to XxxxxBuyer’s Property. Buyer’s Property will shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the Contract; will this contract, shall be deemed to be personally; will personalty, shall be conspicuously marked “Property of Rubber Enterprises, Inc.” by Supplier as the property of Buyer; will Seller, shall not be commingled with the property of Supplier Seller or with that of a third person; , and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer’s Property shall be insured at all times for its full replacement value at Seller’s expense and Buyer and its designees will shall be named as loss payee. Buyer shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierXxxxxx’s records with respect thereto. Upon the request of Xxxxx, Xxxxx’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller either (i) F.O.B. transport equipment at Seller’s plant, eitherproperly 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. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on such property or otherwise.

Appears in 1 contract

Samples: www.rubberenterprises.com

BUYER’S PROPERTY. All Unless otherwise indicated in this contract, all supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, indirectly to Supplier Seller to perform the Contractthis contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer (“Buyer’s Property”), will shall be and remain the property of Buyer, provided, however, that Seller shall bear the risk of loss 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 damage to such property, whichever comes firstnormal wear and tear excepted. Supplier will bear all risk of loss of and damage to Xxxxx’s Property. Buyer’s Property will Such property shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall be insured by Seller with fire and extended insurance coverage for the replacement 2292670v1 value thereof; shall not be used by Supplier Seller for any purpose other than the performance of the Contractthis contract unless otherwise authorized in writing by Buyer; will shall be deemed to be personallypersonal property (moveable property); will shall be conspicuously marked by Supplier as Seller or marked with the property name of Buyer’s customer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Upon request of Buyer, such property shall be immediately delivered to Buyer by Seller either (i) F.O.B. cars or trucks at Seller’s plant, properly packed and its designees will marked in accordance with the requirements of the carrier selected by Buyer to transport such property, or (ii) to any location designated by Buyer, and Buyer shall pay to Seller the cost of delivering such property to such location. Buyer shall have the right to enter Supplierinto Seller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierSeller’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.

Appears in 1 contract

Samples: www.schenck-usa.com

BUYER’S PROPERTY. a. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the ContractSeller’s obligations to Buyer, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 XxxxxBuyer’s Property. Buyer’s Property will shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the ContractSeller’s obligations to Buyer; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Unless otherwise agreed to in writing by Buyer, Seller at its own expense shall keep the Buyer's Property in good condition and repair, including repair necessitated by wear and tear and other usage by Seller. In the event that it becomes necessary, as determined by either Buyer or Seller, to replace the Buyer's Property due to normal use by the Seller, or otherwise, said replacement of Buyer's Property shall be at the sole expense of the Seller and its designees will said replacement Buyer's Property shall remain the property of the Buyer. Buyer shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property and SupplierSeller’s records with respect thereto. Upon the request of XxxxxBuyer, XxxxxBuyer’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (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 Buyer’s Property, or (ii) to any location designated by Buyer, in which event Buyer shall pay to Seller the reasonable costs of delivering such Buyer’s Property to such location. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on Buyer’s Property or otherwise.

Appears in 1 contract

Samples: Supplier Terms and Conditions

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixturesfixt ures, 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 Seller to perform the Contractthis contract, or for which Supplier Seller 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 Seller 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 to 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 Seller relating to such property, whichever comes first. Supplier Seller 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 SupplierSeller, at its expense, will not be used by Supplier Seller for any purpose other than the performance of the Contractthis contract; will be deemed to be personallypersonal property; will be conspicuously marked by Supplier Seller as the property of Buyer; will not be commingled with the property of Supplier Seller or with that of a third person; and will not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property and SupplierSeller’s records with respect thereto. Upon the request of XxxxxBuyer, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (i) FCA transport equipment at Seller’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 will pay to Seller the reasonable costs of delivering such property to such location. In the event that such immediate release does not happen, on twenty-four (24) hours prior notice from Buyer to Seller, Buyer shall be given access by Seller to Buyer’s Property and allow Buyer to take possession of same. To the fullest extent permitted by law, Seller waives any liens, claims, encumbrances, interests or other rights that Seller might otherwise have or assert on or with respect to any of Buyer’s Property for work performed on such property or otherwise. To the extent any Intellectual Property Rights owned by or licensed to Seller is embodied in, or is otherwise necessary for the intended use of, any Buyer’s Property, Seller hereby grants to Buyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual to the maximum extent permitted by law, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Property, to use such Intellectual Property Rights.

Appears in 1 contract

Samples: www.acmeind.com

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 Seller to perform the this Contract, or for which Supplier Seller 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 Seller 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 Seller relating to such property, whichever comes first. Supplier Seller 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 SupplierSeller, at its expense, will not be used by Supplier Seller for any purpose other than the performance of the this Contract; will be deemed to be personallypersonalty; will be conspicuously marked by Supplier Seller as the property of Buyer; will not be commingled with the property of Supplier Seller or with that of a third person; and will not be moved from SupplierSeller’s premises without BuyerXxxxx’s prior written approval. Buyer and its designees will have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property and SupplierSeller’s records with respect thereto. Upon the request of XxxxxBuyer, Xxxxx’s Property will be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (i) FCA transport equipment at Seller’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 will pay to Seller the reasonable costs of delivering such property to such location. To the fullest extent permitted by law, Seller waives any liens, claims, encumbrances, interests or other rights that Seller might otherwise have or assert on or with respect to any of Buyer’s Property for work performed on such property or otherwise. To the extent any Intellectual Property Rights owned by or licensed to Seller is embodied in, or is otherwise necessary for the intended use of, any Buyer’s Property, Seller hereby grants to Buyer a fully paid, irrevocable, non-exclusive, worldwide, perpetual to the maximum extent permitted by law, royalty-free license, with the right to grant sublicenses as necessary for any use of Buyer’s Property, to use such Intellectual Property Rights.

Appears in 1 contract

Samples: General Terms and Conditions

BUYER’S PROPERTY. All supplies, materials, prototype and production tools, jigs, dies, gauges, fixtures, molds, patterns, equipment, related software equipment and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) furnished by Buyer, either directly or indirectly, to Supplier Seller to perform the this Contract, or for which Supplier Seller has been paid (other than through piece price amortization) reimbursed by Buyer, shall be and remain the property of Buyer and held by Seller on a bailment basis (“Buyer’s Property”), will be and remain . Seller shall bear 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 XxxxxBuyer’s Property. Buyer’s Property will shall at all times be properly housed and maintained by SupplierSeller, at its expense, will shall not be used by Supplier Seller for any purpose other than the performance of the this Contract; will shall be deemed to be personallypersonalty; will shall be conspicuously marked by Supplier Seller as the property of Buyer; will shall not be commingled with the property of Supplier Seller or with that of a third person; and will shall not be moved from SupplierSeller’s premises without Buyer’s prior written approval. Buyer and its designees will shall have the right to enter SupplierSeller’s premises at all reasonable times to inspect Buyer’s Property such property and SupplierSeller’s records with respect thereto. Upon the request of XxxxxBuyer, XxxxxBuyer’s Property will shall be immediately released to Buyer or delivered to Buyer by SupplierSeller, eithereither (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. When permitted by law, Seller waives any lien or other rights that Seller might otherwise have on any of Buyer’s Property for work performed on such property or otherwise.

Appears in 1 contract

Samples: Confidential Treatment    Execution (Quantum Fuel Systems Technologies Worldwide, Inc.)

BUYER’S PROPERTY. All suppliesUnless otherwise agreed to in writing, materialslayouts, prototype and production models, all tools, jigsgauges, designs, sketches, drawings, blueprints, patterns, dies, gaugesspecifications, fixturesengineering data or other technical or proprietary information, moldsspecial appliances, patterns, equipment, related software and other items (together with any accessions, appurtenances, modifications, repairs, refurbishments and replacements thereof) equipment or materials of every description furnished to Seller by Buyer, either directly or indirectlyany materials affixed or attached thereto, to Supplier to perform shall remain the Contract, or for which Supplier has been paid (other than through piece price amortization) by property of the Buyer (“Buyer’s Property”). Such property (and whenev- er practical, will each individual item thereof), shall be and remain the plainly marked or otherwise adequately identified by Seller as “property of International Wire Group” and shall be safely stored separate and apart from Seller’s property and shall be sub- ject to examination by Buyer, and all right, title and interest in Xxxxx. Seller shall not substitute any property for Buyer’s Property will remain with and shall not use such except in filling Buyer, subject only to the limited right of possession granted to Supplier under this Section’s orders. Buyer will, at any time, have the right to immediate possession of XxxxxBuyer’s Property, on Xxxxxwhile in Seller’s demand. If title custody or control, shall be maintained in any Buyergood condi- tion at Seller’s Property has not otherwise passed expense, shall be held at Seller’s risk and shall be kept insured by Seller at Seller’s expense in an amount equal to the replacement cost with loss payable 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 shall be subject to removal 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 request, in which event Seller shall prepare Buyer’s Property for shipment and Suppliershall deliver the same to Buyer in the same condition as originally received by Seller, reasonable wear and tear excepted. Any special tooling, the full cost or a substantial portion of the cost of which is included in the price of Buyer’s records with respect theretoorders, shall upon completion of orders become the properly of Buyer. Upon Seller shall return the request of Xxxxx, Xxxxx’s Property will be immediately released same to Buyer or delivered to Buyer make such other disposition thereof as may be directed or approved by Supplier, eitherXxxxx.

Appears in 1 contract

Samples: Terms and Conditions

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