CUSTOM PRODUCT. CUSTOM PRODUCT IS NOT RETURNABLE. CUSTOM PRODUCT IS A PRODUCT MODIFIED TO MEET A SPECIFIC REQUIREMENT REQUESTED BY DISTRIBUTOR AND NOT ORDINARILY SOLD BY SYMBOL IN THE MODIFIED FORM.
CUSTOM PRODUCT. CST in its sole discretion may accept or reject a request to manufacture Custom Product. Customer’s placement of an Order for Custom Product is Customer’s agreement, representation and warranty that (i) Customer has all necessary rights and authority to disclose and provide to CST all materials, information, designs, plans and specifications for such Custom Product (“Custom Specifications”) for use in manufacture of such Custom Product for Customer, (ii) Customer hereby grants to CST any necessary rights to manufacture such Custom Product, (iii) there are no defects or hazards, latent or otherwise, with respect to the Custom Specifications, (iv) CST’s receipt and use of Custom Specifications and manufacture of such Custom Product for Customer and/or sale of such Custom Product to Customer does not infringe or misappropriate any intellectual property right of a third party, and (v) the manufacture and sale of such Custom Product complies with all applicable laws and regulations. Customer is solely responsible for all Custom Specifications. If CST makes a suggestion with respect to the Custom Specifications at Customer’s request or otherwise, Customer remains solely responsible for proper selection, application, processing and use of any CST suggestion to the Custom Specifications. CST in its sole discretion may accept or reject change requests submitted by Customer and Customer shall pay all incurred and additional costs of implementing any change requests including, without limitation, the cost of time and materials incurred prior to a change request, and the cost of fulfilling the change request.
CUSTOM PRODUCT. Any claim by EG for cancellation charges for any Product that is a “custom” product must be submitted to FFI in writing within fifteen (15) days after receipt of FFI’s termination notice along with a summary of all mitigation efforts (“Cancellation Claim”). A Cancellation Claim may include the net cost of custom work in process scheduled to be delivered within sixty (60) days. EG shall, wherever possible, place such custom work in process in its inventory and sell it to other customers; provided, however, that such actions may not, in any way, serve to furnish or provide to a third party: (i) FFI’s confidential information or intellectual property, or (ii) a product that is manufactured or designed using or relying upon FFI’s confidential information or intellectual property, or (iii) a license right or grant under any FFI confidential information or intellectual property right, whether expressly, by implication or otherwise.
CUSTOM PRODUCT. [***]. Supplier shall retain title to and possession of designs, masks, database tapes and source code of any Custom Product. Individual segments or parts of Custom Product designs, including but not limited to standard cells, megacells, base arrays or software libraries, are the property of Supplier and may be used by Supplier in other designs and may not be used by Purchaser except as a part of Custom Product designed and manufactured by Supplier.
CUSTOM PRODUCT. The design, development or manufacture by SMT of any product or component for Buyer (“Custom Product”) shall not convey, or be construed to convey, any right, title, or interest with respect to any work product, including mask works, resulting from any such services or any intellectual property rights relating thereto. All right, title, and interest with respect to any and all of the foregoing shall be and remain the sole and exclusive property of SMT and Buyer shall have no right or license (whether by implication, estoppel, or otherwise) except for the limited right to use and resell the Custom Product sold to Buyer by SMT as expressly provided in Section 6(A) above. Prices and/or schedules for Custom Products are subject to change by SMT if any specifications are revised or supplemented or there are unforeseen difficulties with the design. CONTINGENCIES: SMT is not liable, either wholly or in part, for nonperformance or a delay in performance due to force majeure or contingencies or causes beyond the reasonable control of SMT, whether or not foreseeable, including, but not limited to, acts of God, riot, war, acts of terror, fire, epidemics, flood, earthquakes, government intervention, embargos, labor disputes, shortage of labor, fuel, raw material or machinery, technical or yield failure, manufacturing process failures, non- availability of any permits, licenses or authorizations, or defaults and late delivery by suppliers. Production and deliveries may be allocated by SMT in its sole and reasonable discretion in the event of a shortage of goods. In the event that the force majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by SMT to extend for a period of three (3) consecutive months), SMT shall be entitled to cancel all or any part of these Terms and any affected purchase orders without any liability of SMT towards Buyer.
CUSTOM PRODUCT. Any design or manufacture of Product by Seller for the unique needs of Buyer, or to Buyer’s specifications or requirements shall be the subject of a separate written agreement between Seller and Buyer.
CUSTOM PRODUCT. Xxxxx acknowledges that if this purchase is a special Order, the provisions of this paragraph supersede any conflicting general terms of these Terms and Conditions. Seller shall have exclusive rights to goods designed and manufactured for the unique needs of Buyer to Buyer's specifications or requirements ("Custom Product"). Seller shall retain all rights, title, and interest to and possession of designs, molds and manufacturing processes. Individual segments or parts of Custom Product designs are the property of Seller and may be used by Seller in other designs and may not be used by Buyer except as a part of Custom Product designed and manufactured by Seller. Prices and/or schedules for Custom Products are subject to change by Seller if any specifications are revised or supplemented or there are unforeseen difficulties with the design. All Custom Product is subject to a cancellation fee of 100% of the purchase price if canceled at any time after the order is placed. Custom Product shall be described in the purchase order at or before the time that its manufacture or assembly begins.
CUSTOM PRODUCT. All Cable Assembly products are considered Custom product, i.e., product for which the Buyer is the only user, is non-cancelable and cannot be rescheduled after receipt and acceptance of the order by the Seller.
