MATERIAL FURNISHED BY BUYER Sample Clauses

MATERIAL FURNISHED BY BUYER. Seller shall pay for any property sold hereunder by Buyer to Seller within 30 days after date of delivery to Seller. Title to all such property shall remain with Buyer until payment is made therefore. Seller shall use such property only in the production of material delivered by Seller to Buyer hereunder. Buyer may, at its option, repurchase, at the price charged to Seller (with a reduction for any damage to such property), any or all property furnished by Buyer which is not used by Seller in the performance of this purchase order. Buyer shall not be liable for any loss, damage or expense resulting directly or indirectly from any delay in delivery of such property or any defect therein. Buyer’s liability is limited to replacement of defective property furnished by it upon return thereof within six (6) months from the date furnished. Any such property is furnished by Buyer to Seller without any representation or warranty of any kind, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
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MATERIAL FURNISHED BY BUYER. Any material, molds, dies, jigs, tools and equipment furnished by Buyer in connection with this P.O. shall always remain the sole property of Buyer and shall be deemed to be bailed to Seller for the only purpose of providing products to Buyer hereunder. Xxxxx has not, and will never agree to transfer the title of such items. Seller shall not sell or otherwise encumber Buyer’s title and interest in such items, and specifically agrees to return such items to Buyer upon demand. Seller shall mark and separately store such items and shall be responsible for any loss or damage thereto and shall keep all materials, tools and equipment in which Buyer has an interest insured against risk of loss or damage, for their value at Seller's expense while they are in Seller's possession. Any remaining material, tools and equipment shall be properly packed upon receipt of Buyer’s written directions and immediately returned to Buyer at Seller’s expense. If Buyer designates the location for return within this P.O., Seller shall, at its own costs and expenses, return such items to the designated location. Xxxxxx further agrees to assist Xxxxx in any efforts necessary to perfect Xxxxx’s security interest, if any, in such items, and Xxxxxx agrees that a photocopy of this P.O. may be filed in lieu of the filing of a financing statement.
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MATERIAL FURNISHED BY BUYER. Any materials furnished by Buyer on other than a charge basis, with respect to all goods provided hereunder, shall be deemed as held by Seller upon consignment. Despite the fact that both parties agree Buyer owns such materials, Seller grants Buyer a purchase money security interest in any such materials Seller agrees to segregate Buyer’s material from other materials and to clearly and prominently xxxx all such items “Property of Xxxx Systems, Inc”. All such materials not required for use in the manufacture of the goods provided hereunder shall, as directed, be returned to Buyer at Buyer’s expense, and if not accounted for or so returned, shall be paid for by Seller.
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MATERIAL FURNISHED BY BUYER. All supplies, materials, facilities, tools, jigs, dies, fixtures, patterns, equipment, blueprints, drawings, sketches and the like furnished to Seller by Buyer in furtherance of this Order shall remain the property of Buyer, shall be used exclusively in the manufacture of goods for Buyer and shall be returned to Buyer upon the completion of this Order, unless otherwise provided, in like condition as when received, normal wear and tear excepted. All such materials shall be held in confidence by Seller and safeguarded by Seller, shall be fully insured by Seller against any loss and shall not be used directly or indirectly in any way detrimental to Buyer’s business.
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MATERIAL FURNISHED BY BUYER. Prices and deliveries of Goods for which Buyer furnishes material, patterns or tools are based on such items being received at a satisfactory time, in proper quantities and condition, and with transportation charges prepaid to ADI’s plant. If ADI finds serious defect in material or items furnished by Buyer, ADI will notify Buyer and charge for all expenses incurred up to discovery of the defect. If ADI finds a minor defect which ADI can repair, ADI reserves the right to make an extra charge to cover the necessary repair work. ADI will not be responsible for any loss of Buyer’s material or other items by fire, tornado, flood, riot, or other occurrence beyond its reasonablecontrol.
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MATERIAL FURNISHED BY BUYER. Unless otherwise herein agreed, Seller at its own expense shall furnish, keep in good condition and replace when necessary all dies, tools, gauges, fixtures, patterns, etc. (“Tooling”), necessary for the production of the goods ordered. The cost of changes in the aforementioned items necessary to effect design or specification changes ordered by Buyer shall be paid for by Buyer. Buyer has the option, however, to take possession of and title to such Tooling that is special for the production of goods covered by this purchase order. Buyer shall pay to Seller the unamortized cost thereof, provided, however, that this option shall not apply if the goods hereby ordered are standard products of Seller, or if substantial quantities of like goods are being sold by Seller to others. Any Tooling paid for by Buyer shall be the property of, and title shall vest in Buyer. Seller shall return all Tooling paid for by Buyer upon Xxxxx’s request and Seller shall keep said Tooling free from all liens and encumbrances, insuring such Tooling against loss or destruction.
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MATERIAL FURNISHED BY BUYER. Any material furnished by Buyer, on other than a charge basis, in connection with this order and that is anticipated to be used in the products shall be held by the Seller on consignment. All such material not used in the products shall, as directed, be returned to Buyer at Buyer's expense and, if not accounted for or so returned, shall be paid for by Seller.
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MATERIAL FURNISHED BY BUYER. All material furnished by Buyer must be shipped prepaid to Seller’s plant and must be suitable for the product to be manufactured. If Seller discovers defects in material furnished by Buyer, Seller will notify Buyer and charge for all expenses incurred as a result of the defect. Should Seller spoil any material furnished by Buyer, Seller will assume only the loss of Seller’s work, and replacement of the material is for Buyer’s account. Seller assumes no liability for loss of Buyers material by fire, storm, flood, strike or any other causes beyond Seller’s control.
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MATERIAL FURNISHED BY BUYER. Any material furnished by Xxxxx in connection with this order shall remain the property of Xxxxx. All such material not used in the manufacture or fabrication of the goods covered by this order shall be returned as directed by Xxxxx at Buyer’s expense. Vendor shall reimburse Buyer for any materials not returned promptly when requested by Xxxxx.
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Related to MATERIAL FURNISHED BY BUYER

  • Misrepresentations Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

  • Misrepresentation Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.

  • Confidentiality and Disclosure of Offering Materials by Potential Investor Potential Investor acknowledges on behalf of itself and any and all Related Parties that the Offering Materials are considered confidential and proprietary information of Owner and/or HFF, and Potential Investor will not make (or cause or permit any Related Party to make) any Offering Materials available, or disclose any of the contents thereof, to any person without Owner’s or HFF’s prior written consent; provided, however, that the Offering Materials may be disclosed to the Potential Investor’s Representative (if any), the Potential Investor's partners, employees, legal counsel, advisors, institutional lenders and other capital sources (collectively the "Related Parties") as reasonably required for an evaluation of the Property. Such Related Parties shall be informed by Potential Investor of the confidential nature of the Offering Materials and the terms of this Agreement and shall be directed by Potential Investor to keep the Offering Materials and related information strictly confidential in accordance with this Agreement and to otherwise abide by the terms of this Agreement as if such party was the Potential Investor hereunder. In the event any Related Party shall take or omit to take any action which if taken or omitted to be taken by Potential Investor would constitute a breach of or a default under the terms hereof, the such act or omission by such Related Party shall be deemed to be a breach of the terms hereof by Potential Investor.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.

  • Indemnity by Buyer Buyer shall release, indemnify and hold harmless Seller, its directors, officers, agents, and representatives against and from any and all loss, Claims, actions or suits, including costs and attorney’s fees resulting from, or arising out of or in any way connected with the Product delivered by Seller under this Agreement after the Delivery Point, including any loss, Claim, action or suit, for or on account of injury to, bodily or otherwise, or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such loss, Claim, action or suit as may be caused solely by the willful misconduct or gross negligence of Seller, its Affiliates, or Seller’s and Affiliates’ respective agents, employees, directors or officers.

  • By Seller Seller agrees to indemnify, defend and save Xxxxx from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees) (“Claims”) for (i) personal injury or death or damage to real property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives in connection with the performance of services at Buyer’s premises and (ii) claims that a Product infringes any valid United States patent, copyright or trade secret. Notwithstanding the foregoing, Seller shall have no liability the extent any such Claims are caused by either (i) the negligence or willful misconduct of Buyer or third party, (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) Seller’s compliance with Buyer's designs, specifications or instructions, (v) use of the Product in an application or environment for which it was not designed or (vi) service, installation or modification of any Product except by Seller. Buyer shall provide Seller prompt written notice of any Claims and Seller shall have the right to assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Xxxxx agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section. Notwithstanding the above, Seller’s infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b) replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the Product or (c) if neither of the preceding is reasonably practicable, refund the purchase price for the Product. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN. By Buyer. Buyer shall indemnify, defend and hold harmless Seller from and against any and all Claims to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product itself would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone other than Seller.

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