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. 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 shall not make or allow modifications to be made to the Customer-Furnished Items without CUSTOMER’s prior written consent. SANMINA-SCI shall use best commercial efforts to care for and 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 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. 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.

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 for reasonable diligence and care in the use best commercial efforts to care for and protect protection of 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.

Care of Customer-Furnished Items. (a) All Customer-Furnished Items shall remain the property of CUSTOMERCustomer. SANMINA-SCI Benchmark shall clearly identify all Customer-Furnished Items by an appropriate tag a tag, where appropriate, and shall utilize such Customer-Furnished Items solely in connection with the manufacture of CUSTOMER’s Productonly for Customer. SANMINA-SCI Benchmark shall not make or allow modifications to be made to the Customer-Furnished Items without CUSTOMERCustomer’s prior written consent. (b) Benchmark shall be responsible for: (i) reasonable diligence and care in the use and protection of any Customer-Furnished Items, ordinary wear and tear excepted; and (ii) routine maintenance and repairs and third party calibration of any Customer-Furnished Items, up to a total of $1500.00 U.S. Dollars per Customer-Furnished Item per year. (c) Customer shall be responsible for: (i) the costs of major repairs to Customer-Furnished Items, except where due to Benchmark’s gross negligence; (ii) end of life replacements; (iii) service warranties and/or third-party calibration to Customer-Furnished Items which are not within Benchmark’s responsibility under paragraph (b) above; and (iv) repair or replacement of failed or defective Customer-Furnished Items. SANMINA-SCI shall use best commercial efforts to care for and protect If any Customer-Furnished Items are defective, Benchmark has the right to return such defective items to Customer at Customer’s sole expense, and Customer acknowledges that such return may impact the Product shipment date(s). (d) Upon Customer’s written request, Benchmark shall perform routine maintenance and repairs return to Customer all Customer-Furnished Items at Customer’s sole expense. Notwithstanding anything to the contrary in this Agreement, after the removal from Benchmark’s facility of any Customer-Furnished equipmentItems required by Benchmark to manufacture, but test and/or repair the Products: (i) Benchmark shall not be responsible for the completion of any major repairs or replacements unless such failure was caused warranty work on Products already shipped to Customer; and (ii) any Products manufactured by SANMINA-SCI’s negligence or willful misconduct. All Customer-Furnished Items Benchmark shall be returned sold to CUSTOMER Customer “as is”. Components Sold by Customer to Benchmark. Customer may sell Components to Benchmark from time to time at CUSTOMERa quantity and price to be mutually agreed upon by the Parties. If there is a defect in any such Components or such Components have not been utilized in production within six (6) months of purchase from Customer, Benchmark has the right to return such Components to Customer, at Customer’s expense upon request SANMINA-SCI’s production and warranty obligations which require the utilization sole expense, for a full refund of the returned purchase price paid by Benchmark for such Components; and, in the event of a defect in such Components, Customer acknowledges that such return may impact the Product shipment date. With regard to any such Components purchased from Customer-Furnished Items will cease upon SANMINA-SCI’s fulfillment of CUSTOMER’s request. SANMINA-SCI shall , Customer warrants that the Components are: (a) maintain each Customer-Furnished Item at the mutually agreed-upon SANMINA-SCI manufacturing facility, free of defects in materials and may not remove it from said location without CUSTOMER’s prior written consentworkmanship; (b) not sellready for use without inspection, assign its rights hereunder, or except as may be specifically provided in any manner encumber, pledge or otherwise cause a lien on the Customer-Furnished Itemsdocument detailing such purchase; and (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 insuredcounterfeit.

Care of Customer-Furnished Items. All CustomerCUSTOMER-Furnished Items shall remain the property of CUSTOMER. SANMINA-SCI shall clearly identify all CustomerCUSTOMER-Furnished Items by an appropriate tag and shall utilize such CustomerCUSTOMER-Furnished Items solely in connection with the manufacture of CUSTOMER’s Product. SANMINA-SCI shall not make or allow modifications to be made to the CustomerCUSTOMER-Furnished Items without CUSTOMER’s prior written consent. SANMINA-SCI shall use best commercial efforts to care for and protect any CustomerCUSTOMER-Furnished Items and shall perform routine maintenance and repairs of any CustomerCUSTOMER-Furnished equipmentItems, but shall not be responsible for any major repairs or replacements or repair or replacement of failed CUSTOMER-Furnished Item unless such failure was caused by SANMINA-SCI’s negligence or willful misconduct. All CustomerCUSTOMER-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 CustomerCUSTOMER-Furnished Items will cease upon SANMINA-SCI’s fulfillment of the CUSTOMER’s request. SANMINA-SCI shall (a) maintain each Customer-CUSTOMER Furnished Item at the mutually agreed-upon SANMINA-SCI manufacturing SCI’s Rapid City 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-CUSTOMER Furnished Items; (c) not place protect the CUSTOMER Furnished Items from any liens, encumbrances or otherwise impair CUSTOMER’s use of the Customer-Furnished Itemsand all third party claims; (d) use the Customer-CUSTOMER Furnished Items exclusively for the purpose for which it was provided by CUSTOMER; (e) preserve and maintain the Customer-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-CUSTOMER Furnished Items; 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-CUSTOMER Furnished Items net book value fully against loss in transit, loss by fire, theft and other hazards and naming CUSTOMER as an additional insured.