Common use of Material Furnished Clause in Contracts

Material Furnished. With respect to any material, Tooling, equipment, drawing, patterns, designs, and other property or data furnished by or on behalf of Buyer (“Buyer-Furnished Property”) in connection with the Contract, Seller agrees: (a) not to substitute any other Buyer-Furnished Property in such fabrication or make process changes without Buyer’s written consent, (b) that title to such Buyer-Furnished Property shall not be affected by incorporation in or attachment to any other property, and (c) to state and warrant on its invoice for final parts that “All Buyer-Furnished Property on this contract (except that which became normal industrial waste or was replaced at Seller’s expense) has been returned in the form of parts and unused material.” Proceeds of scrap salvage shall accrue to the benefit of Buyer. Any such material scrapped because of defective workmanship of Seller shall be replaced or paid for by Seller. Seller shall not disclose to any third party, or use, reproduce, or appropriate any Buyer-Furnished Property, nor will Seller use the same to produce, manufacture or provide more of the Product than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Seller agrees that no inaccuracy or inadequacy in Buyer- Furnished Property shall excuse performance not in strict accordance with specifications and that such Buyer-Furnished Property shall be used by Seller at Seller’s own risk. Title to Buyer- Furnished Property will remain with Buyer at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer- Furnished Property unless such loss or damage is solely, directly, and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be returned to Buyer at termination or completion of this Agreement or upon Buyer’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under the Contract does not become Buyer-Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.

Material Furnished. With respect to any material, Toolingtooling, equipment, drawing, patterns, designs, and other property or data furnished by or on behalf of Buyer (“Buyer-Furnished Property”) in connection with the Contractthese Terms and/or an Order, Seller agrees: (a) not to substitute any other Buyer-Furnished Property in such fabrication or make process changes without Buyer’s written consent, (b) that title to such Buyer-Furnished Property shall not be affected by incorporation in or attachment to any other property, and (c) to state and warrant on its invoice for final parts that “All Buyer-Furnished Property on this contract (except that which became normal industrial waste or was replaced at Seller’s expense) has been returned in the form of parts and unused material.” Proceeds of scrap salvage shall accrue to the benefit of BuyerBuyer and will result in a reduction of the prices stated in the applicable Order. Any such material scrapped because of defective workmanship of Seller shall be replaced or paid for by Seller. Seller shall not disclose to any third party, or use, reproduce, or appropriate any Buyer-Furnished Property, nor will Seller use the same to produce, manufacture or provide more of the Product Products than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Seller agrees that no inaccuracy or inadequacy in Buyer- Buyer-Furnished Property shall excuse performance not in strict accordance with specifications and that such Buyer-Furnished Property shall be used by Seller at Seller’s own risk. Title to Buyer- Buyer-Furnished Property will remain with Buyer at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer- Buyer-Furnished Property unless such loss or damage is solely, directly, and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be returned to Buyer at termination or completion of this Agreement or upon Buyer’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under the Contract these Terms and/or an Order that does not become Buyer-Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.

Material Furnished. With respect to any material, Toolingtooling, equipment, drawing, patterns, designs, and other property or data furnished by or on behalf of Buyer (“Buyer-Furnished Property”) in connection with the Contractthese Terms and/or an Order, Seller agrees: (a) not to substitute any other Buyer-Furnished Property in such fabrication or make process changes without Buyer’s written consent, (b) that title to such Buyer-Furnished Property shall not be affected by incorporation in or attachment to any other property, and (c) to state and warrant on its invoice for final parts that “All Buyer-Furnished Property on in this contract (except that which became normal industrial waste or was replaced at Seller’s expense) has been returned in the form of parts and unused material.” Proceeds of scrap salvage shall accrue to the benefit of BuyerBuyer and will result in a reduction of the prices stated in the applicable Order. Any such material scrapped because of defective workmanship of Seller shall be replaced or paid for by Seller. Seller shall not disclose to any third party, or use, reproduce, or appropriate any Buyer-Furnished Property, nor will Seller use the same to produce, manufacture or provide more of the Product Products than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Seller agrees that no inaccuracy or inadequacy in Buyer- Buyer-Furnished Property shall excuse performance not in strict accordance with specifications and that such Buyer-Furnished Property shall be used by Seller at Seller’s own risk. Title to Buyer- Buyer-Furnished Property will remain with Buyer at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer- Buyer-Furnished Property unless such loss or damage is solely, directly, solely and proximately directly caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be returned to Buyer at termination or completion of this Agreement or upon BuyerXxxxx’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemizeditemised) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under the Contract these Terms and/or an Order that does not become Buyer-Buyer- Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.