Ownership of Tools. 7.1. In the event of Doppelmayr paying all or part of the costs of the engineering and manufacturing of tools or all or part of the purchase price of tools, absolute title to such tools shall pass to Doppelmayr. Our supplier shall separately store and conspicuously and appropriately mark such tools as the property of Doppelmayr.
7.2. Our supplier shall be responsible for and shall pay the costs of standard maintenance of such tools. Furthermore, our supplier shall bear the risk of accidental destruction, loss, deterioration and damage.
7.3. In the event of our supplier failing to perform the obligation set forth in Sub- clause 6.2, Doppelmayr shall be entitled to claim damages from our supplier as well as the return of any benefit derived and to rescind any current contracts with our supplier in whole or in part.
Ownership of Tools pg. 2 06-09-2020 Except where otherwise specifically stated, any quoted “tool charge” is for costs associated with the use of the tools but provides You no right to use such tools and does not convey any rights in ownership of the tools. All drawings, novel techniques and inventions made by Us or Our agents or employees in the fulfillment of any order arising from this Quotation shall be the property of Us. If You have requested that We provide research and development services, the face of this Quote contains the words "Research and Development" and the following clause applies: We agree to and hereby grant to You a nonexclusive, royalty-free perpetual license to use and sublicense the use of each invention or discovery conceived and first actually reduced to practice in the performance of any experimental, developmental or research work called for by this contract; provided however that the foregoing shall not apply to any invention or discovery conceived by a person who is not then obligated to assign the same to Us without the payment of further consideration to said person for such an assignment; and provided further that nothing contained herein shall be deemed to be a grant of any license for any invention or discovery other than one which is first conceived and first actually reduced to practice in the performance of any experimental, developmental or research work called for by this contract. In all instances, We retain all ownership and rights not otherwise granted by this clause and You waive any claim to the same and agree to indemnify Us in the event of any claims brought on behalf of You or Your agents, sublicensees, or contractors. CANCELLATIONS AND RETURNS: Standard items are generally returnable. Special and modified parts may be returnable. Any returned item may be subject to a re-stocking charge. Order cancellations may be subject to a cancellation fee based on the type of product on the order and the timing of the cancellation. More information can be found in our Return and Cancellation Policy.
Ownership of Tools. (a) Ownership of the Tools will be held by an offshore entity to be defined, which shall be owned by SDI.
(b) The Tools will be preferentially leased to the local operating entity of Xxxxxxxx or the Joint Venture Entity whenever tax efficient.
(c) Alternatively, the SDI offshore owner of the Tools will sell the Tools on an extended payment terms to the local Xxxxxxxx operating entity. The local Xxxxxxxx operating entity will agree to pay the commercial value of the Tools per the formula outlined in 4.3. Prior to the Tools being fully paid, the local entity will sell the Tools back to the SDI offshore owner for the remaining value that is owed, or at its direction, sell it to a local operating company owned by the Joint Venture Entity.
Ownership of Tools. All tools paid for by aeA shall be deemed borrowed from aeA and shall become aeA’s property irrespective of whether placed at the Supplier’s disposal by aeA, built by the Supplier itself or procured from a third party. If tools are built by the Supplier on behalf of aeA or procured from a third party, ownership shall pass to aeA at successful approval of the samples and settlement of the tool costs. The Supplier shall use the forms in accordance with VDA or QS 9000 for first samples and revision samples. Tool costs will be paid 14 days after approval and transmission of all the details mentioned in the blanket order necessary for tool billing. Sampling will take place at agreed location (aeA’s premises, supplier site, etc.). Upon completion and/or take-over of the tools the Supplier shall send in a transfer record in accordance with Annex 2 hereto. This shall contain a full description of the tools including component parts and accessories. The record shall be signed as legally binding by the Supplier or an authorized representative. The record, together with the first sample test report, shall form the basis for approval. Ownership shall comprise the tool itself along with the preliminary layouts and production design drawings (assembly drawings and component drawings) and the forming electrodes, if applicable. No parts shall be produced for third parties using tools belonging to aeA without the express written consent of aeA.
Ownership of Tools. Except as otherwise specified herein, it is agreed that NeuroMetrix is the sole owner of any and all tools and equipment, and their designs, purchased and paid for by NeuroMetrix. Parlex shall maintain the above in good working order and shall ensure that they remain free and clear of all liens and encumbrances that would impair their use under this Agreement.
