MATERIAL FURNISHED BY BUYER Sample Clauses

MATERIAL FURNISHED BY BUYER. Seller shall pay for any property sold hereunder by Xxxxx 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. 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. 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. 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.
Sample 1
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.
Sample 1
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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.
Sample 1
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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Related to MATERIAL FURNISHED BY BUYER

  • Disclosure; No Material Misstatements The certificates, written statements and reports, and other written information, taken as a whole, furnished by or on behalf of the Borrower or any Guarantor to the Administrative Agent and the Lenders in connection with the negotiation of any Loan Document or included therein or delivered pursuant thereto, do not contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were or are made, not misleading as of the date such information is dated or certified; provided that (a) to the extent any such certificate, statement, report, or information was based upon or constitutes a forecast or projection, the Borrower represents only that it acted in good faith and utilized reasonable assumptions and due care in the preparation of such certificate, statement, report, or information (it being recognized by the Lenders, however, that projections as to future events are not to be viewed as facts and that results during the period(s) covered by such projections may differ from the projected results and that such differences may be material and that the Borrower makes no representation that such projections will be realized) and (b) as to statements, information and reports supplied by third parties, the Borrower represents only that it is not aware of any material misstatement or omission therein. There are no statements or conclusions in any Reserve Report which are based upon or include material misleading information or fail to take into account known material information regarding the matters reported therein, it being understood that projections concerning volumes attributable to the Oil and Gas Properties of the Borrower and the other Credit Parties and production and cost estimates contained in each Reserve Report are necessarily based upon professional opinions, estimates and projections and that the Borrower and the other Credit Parties do not warrant that such opinions, estimates and projections will ultimately prove to have been accurate.

  • No Material Misstatements (a) All written factual information (other than the Projections, forward looking information and information of a general economic nature or general industry nature) (the “Information”) concerning the Borrower, the Subsidiaries, the ADT Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the ADT Transactions or the other transactions contemplated hereby (to the extent such Information relates to the Target on or prior to the Closing Date, to the Borrower’s knowledge), when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date and did not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made (giving effect to all supplements and updates provided thereto). (b) The Projections and other forward looking information and information of a general economic nature prepared by or on behalf of the Borrower or any of its representatives and that have been made available to any Lenders or the Administrative Agent in connection with the ADT Transactions or the other transactions contemplated hereby have been prepared in good faith based upon assumptions believed by the Borrower to be reasonable as of the date thereof (it being understood that such Projections are as to future events and are not to be viewed as facts, such Projections are subject to significant uncertainties and contingencies and that actual results during the period or periods covered by any such Projections may differ significantly from the projected results, and that no assurance can be given that the projected results will be realized), as of the date such Projections and information were furnished to the Lenders. (c) As of the Eighth Amendment Agreement Effective Date, the information included in the Beneficial Ownership Certification is true and correct in all material respects.

  • No Misrepresentation The representations and warranties of the Company contained in this Agreement, any schedule, annex or exhibit hereto and any agreement, instrument or certificate furnished by the Company to the Investors pursuant to this Agreement, do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • No Misrepresentations The reports and other submittals by Seller to Buyer under this Agreement are not false or misleading in any material respect.

  • 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;

  • No Misstatement or Material Omission The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.

  • No Fraud or Misrepresentation To the best of the Seller’s knowledge, each Receivable that was originated by a Dealer was sold by the Dealer to the Seller and by the Seller to the Purchaser without any fraud or misrepresentation on the part of such Dealer or the Seller, respectively.

  • Misrepresentation A representation (other than a representation under Section 3(e) or (f)) made or repeated or deemed to have been made or repeated by the party or any Credit Support Provider of such party in this Agreement or any Credit Support Document proves to have been incorrect or misleading in any material respect when made or repeated or deemed to have been made or repeated;

  • No Material Misstatements or Omissions At each time of effectiveness, at the date hereof, at the Closing Date, and at each Option Closing Date, if any, the Registration Statement and any post-effective amendment thereto complied or will comply in all material respects with the requirements of the Securities Act and the Rules and Regulations and did not, does not, and will not, as the case may be, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. The Time of Sale Disclosure Package (as defined below) as of the date hereof and at the Closing Date and on each Option Closing Date, any roadshow or investor presentations delivered to and approved by the Underwriter for use in connection with the marketing of the offering of the Securities (the “Marketing Materials”), if any, and the Final Prospectus, as amended or supplemented, as of its date, at the time of filing pursuant to Rule 424(b) under the Securities Act, at the Closing Date, and at each Option Closing Date, if any, did not, does not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The representations and warranties set forth in the two immediately preceding sentences shall not apply to statements in or omissions from the Registration Statement, the Time of Sale Disclosure Package or any Prospectus in reliance upon, and in conformity with, written information furnished to the Company by the Underwriter specifically for use in the preparation thereof, which written information is described in Section 7(f). The Registration Statement contains all exhibits and schedules required to be filed by the Securities Act or the Rules and Regulations. No order preventing or suspending the effectiveness or use of the Registration Statement or any Prospectus is in effect and no proceedings for such purpose have been instituted or are pending, or, to the knowledge of the Company, are contemplated or threatened by the Commission.

  • Disclosure of Material Information The Company covenants and agrees that neither it nor any other person acting on its behalf has provided or will provide any Purchaser or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto such Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. The Company understands and confirms that each Purchaser shall be relying on the foregoing representations in effecting transactions in securities of the Company.

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