Common use of Care of Customer-Furnished Items Clause in Contracts

Care of Customer-Furnished Items. All Customer-Furnished Items shall remain the property of CUSTOMER. However, while in SANMINA_SCI’s custody and control, any and all such Customer Furnished Items will be covered under a broad form property insurance policy, a warehouseman’s liability policy and marine cargo policy in amounts to cover full replacement cost. SANMINA-SCI shall clearly identify all Customer-Furnished Items by an appropriate tag and shall utilize such Customer-Furnished Items solely in connection with the manufacture of CUSTOMER’s Product. SANMINA-SCI agrees that it will not pledge, encumber, use the Customer-Furnished Items as collateral, or permit any liens to be attached to the Customer-Furnished Items or use the Customer-Furnished Items for any such purposes without the written consent of Customer. SANMINA-SCI shall not make or allow modifications to be made to Customer-Furnished Items without CUSTOMER’s prior written consent. SANMINA-SCI shall be responsible for reasonable diligence and care in the use and protection of any Customer-Furnished Items and routine maintenance of any Customer-Furnished equipment, but shall not be responsible for repairs or replacements (including servicing and calibration to the equipment) unless such failure was caused by SANMINA-SCI’s negligence or willful misconduct. All Customer-Furnished Items shall be returned to CUSTOMER at CUSTOMER’s expense upon request. SANMINA-SCI’s production and warranty obligations which require the utilization of the returned Customer-Furnished Items will cease upon SANMINA-SCI’s fulfillment of CUSTOMER’s request.

Appears in 2 contracts

Samples: Service Agreement, Manufacturing Services Agreement (Symmetricom Inc)

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Care of Customer-Furnished Items. All Customer-Furnished Items shall remain the property of CUSTOMER. However, while in SANMINA_SCI’s custody and control, any and all such Customer Furnished Items will be covered under a broad form property insurance policy, a warehouseman’s liability policy and marine cargo policy in amounts to cover full replacement cost. SANMINA-SCI shall clearly identify all Customer-Furnished Items by an appropriate tag and shall utilize such Customer-Furnished Items solely in connection with the manufacture of CUSTOMER’s Product. SANMINA-SCI agrees that it will not pledge, encumber, use the Customer-Furnished Items as collateral, or permit any liens to be attached to the Customer-Furnished Items or use the Customer-Furnished Items for any such purposes without the written consent of Customer. SANMINA-SCI shall not make or allow modifications to be made to the Customer-Furnished Items without CUSTOMER’s prior written consent. SANMINA-SCI shall be responsible use best commercial efforts to care for reasonable diligence and care in the use and protection of protect any Customer-Furnished Items and shall perform routine maintenance and repairs of any Customer-Furnished equipment, but shall not be responsible for any major repairs or replacements (including servicing and calibration to the equipment) unless such failure was caused by SANMINA-SCI’s negligence or willful misconduct. All Customer-Furnished Items shall be returned to CUSTOMER at CUSTOMER’s expense upon request. request SANMINA-SCI’s production and warranty obligations which require the utilization of the returned Customer-Furnished Items will cease upon SANMINA-SCI’s fulfillment of CUSTOMER’s request. SANMINA-SCI shall (a) maintain each Customer-Furnished Item at the mutually agreed-upon SANMINA-SCI manufacturing facility, and may not remove it from said location without CUSTOMER’s prior written consent; (b) not sell, assign its rights hereunder, or in any manner encumber, pledge or otherwise cause a lien on the Customer-Furnished Items; (c) not place any liens, encumbrances or otherwise impair CUSTOMER’s use of the Customer-Furnished Items; (d) use the Customer-Furnished Items exclusively for the purpose for which it was provided by CUSTOMER; (e) preserve and maintain the Customer-Furnished Items in the condition in which it was received, normal wear & tear excepted; (f) notify CUSTOMER immediately, by telephone and in writing, of any claim, demand, labor dispute, litigation, or any other lien that might affect the Customer-Furnished Items; (g) notify CUSTOMER in writing of any change in or discontinuance of SANMINA-SCI’s business or SANMINA-SCI’s place or places of business, or SANMINA-SCI’s insolvency, bankruptcy or proposed reorganization under bankruptcy laws; and (h) maintain insurance policies insuring the Customer-Furnished Items net book value against loss in transit, loss by fire, theft and other hazards and naming CUSTOMER as an additional insured.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Bluearc Corp), Manufacturing Services Agreement (Bluearc Corp)

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Care of Customer-Furnished Items. All Customer-Furnished Items shall remain the property of CUSTOMER. However, while in SANMINA_SCI’s custody and control, any and all such Customer Furnished Items will be covered under a broad form property insurance policy, a warehouseman’s liability policy and marine cargo policy in amounts to cover full replacement cost. SANMINA-SCI shall clearly identify all Customer-Furnished Items by an appropriate tag and shall utilize such Customer-Furnished Items solely in connection with the manufacture of CUSTOMER’s 's Product. SANMINA-SCI agrees that it will not pledge, encumber, use the Customer-Furnished Items as collateral, or permit any liens to be attached to the Customer-Furnished Items or use the Customer-Furnished Items for any such purposes without the written consent of Customer. SANMINA-SCI shall not make or allow modifications to be made to the Customer-Furnished Items without CUSTOMER’s 's prior written consent. SANMINA-SCI shall be responsible for reasonable diligence and care in the use and protection of any Customer-Furnished Items and routine maintenance and repairs of any Customer-Furnished equipmentEquipment, but shall not be responsible for major repairs or replacements (including servicing service warranties and calibration to the equipment) or repair or replacement of failed Customer-Furnished Item unless such failure was caused by SANMINA-SCI’s 's negligence or willful misconduct. All Customer-Furnished Items shall be returned to CUSTOMER at CUSTOMER’s 's expense upon request. request and SANMINA-SCI’s 's production and warranty obligations which require the utilization of the returned Customer-Furnished Items will cease upon SANMINA-SCI’s 's fulfillment of CUSTOMER’s the Customer's request. 8.3 Customer-Furnished Components. Customer-furnished Components shall be handled in accordance with SANMINA-SCI's procedures regarding Customer-Furnished Material, incorporated by reference herein, copies of which are available upon request.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Sanmina-Sci Corp)

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