Provided Material. 10.1 Material provided by the Customer remains the property of the Cus- tomer and is to be stored, labeled as property of the Customer and ad- ministered separately at no cost to the Customer. Their use is limited to the orders of the Customer only. The Supplier shall supply replace- ments in the event of reduction of value or loss, for which the Supplier is responsible, even in the event of simple negligence. This also applies to the transfer of allocated material.
10.2 Any processing or transformation of the material shall take place for the Customer. The Customer shall immediately become owner of the new or transformed product. Should this be impossible for legal reasons, the Customer and the Supplier hereby agree that the Customer shall be the owner of the new product at all times during the processing or transfor- mation. The Supplier shall keep the new product safe for the Customer at no extra cost and in so doing exercise the duty of care of a merchant.
Provided Material. 15.1. Material provided by the Purchaser remains the property of the Purchaser and is to be stored, labelled and administered separately at no cost to the Purchaser. Their use is limited to the orders of the Purchaser only. The Supplier shall supply replacements in the event of reduction of value or loss, for which Supplier is responsible, even in the event of simple negligence. This also applies to the transfer of allocated material.
15.2. Any processing or transformation of the material shall take place for the Purchaser. The Purchaser shall immediately become owner of the new or transformed product. Should this be impossible for legal reasons, the Purchaser and Supplier hereby agree that the Purchaser shall always be the owner of the new product during the processing or transformation. The Supplier shall keep the new product safe for the Purchaser at no extra cost and in so doing exercise the duty of care of a merchant.
15.3. Environmental Protection, Duties to Declare - [Applicable for suppliers of Direct material incl. OEM, packaging material & operating supplies (Indirect Material)]. Should supplier deliver products, which are subject to statutorily imposed substance restrictions and/ or information requirements (e.g. REACH, RoHS), supplier shall declare such substances in the web database BOM check (xxx.XXXxxxxx.xxx) or in a reasonable format provided by Purchaser no later than the date of first delivery of products. The foregoing shall only apply with respect to laws which are applicable at the registered seat of supplier or Purchaser or at the designated place of delivery requested by Purchaser. Furthermore, supplier shall also declare all substances which are set out in the so-called “Purchaser’s list of declarable Substances” applicable at the time of delivery in the manner described above.
Provided Material. Materials supplied by the Purchaser for execution of an order shall remain the Purchaser’s property even following machining or processing, and shall be used exclusively for the Purchaser’s orders. Such materials shall be marked accordingly and stored separately until machined or processed. The Purchaser may require that machining waste, scrap or remaining material, etc. be returned to the Purchaser, or its value deducted from the contract price. The Seller shall keep any such material at its own risk in safe custody.
Provided Material. 11.1 Material provided by the Customer remains the property of the Customer and is to be stored, labeled as property of the Customer and administered separately. Their use is limited to the orders of the Customer only. The Supplier shall supply replacements in the event of reduction of value or loss, for which Supplier is responsible, even in the event of simple negligence. This also applies to the transfer of allocated material.
11.2 Any processing or transformation of the material shall take place for the Customer. The Customer shall immediately become owner of the new or transformed product. Should this be impossible for legal reasons, the Customer and Supplier hereby agree that the Customer shall be the owner of the new product at all times during the processing or transformation. The Supplier shall keep the new product safe for the Customer at no extra cost and in so doing exercise the duty of care of a merchant.
Provided Material. 18.1. Material provided by the Purchaser remains the property of the Purchaser and is to be stored, labelled and administered separately at no cost to the Purchaser. Their use is limited to the orders of the Purchaser only. The Supplier shall supply replacements in the event of reduction of value or loss, for which Supplier is responsible, even in the event of simple negligence. This also applies to the transfer of allocated material.
Provided Material. 3.1 Materials and equipment provided free of charge by HELLA to the Supplier shall remain the property of HELLA and the Supplier is obliged to examine the material provided by HELLA to detect any defects noticeable by sight without undue delay. The Supplier must also perform a quantity and identification check. Any differences must be reported to HELLA within one working day.
3.2 The Supplier is obliged to treat these materials and equipment with due care and attention and to store them properly.
3.3 During the manufacturing process the Supplier is obliged to perform further checks if these have been separately agreed with HELLA or if these are necessary to comply with the Supplier’s quality management system. If the Supplier discovers any discrepancies as to quality or quantity, HELLA must be informed without undue delay in order to coordinate any further measures. If the Supplier is responsible for these shortcomings in quality or quantity, for instance during the manufacturing process, the Supplier shall be obliged to order a substitute product at his cost.
3.4 The processing of the materials provided by XXXXX takes place always on behalf of HELLA. If the value of the materials provided by HELLA exceeds the value of the processing and – if applicable – of the other components of the newly manufactured objects, the newly manufactured objects shall become the property of HELLA and otherwise they shall be jointly owned by HELLA and the Supplier in the ratio of the provided material to the value of the processing and the other components. For the avoidance of doubt: The afore-said shall by no means restrict the obligation of the Supplier to provide HELLA with the unrestricted ownership, free from encumbrances whatsoever, with delivery of the Products.
Provided Material. Title to all material provided by SpectraPoint pursuant to this Agreement shall remain with SpectraPoint. Liability for loss or damage to such material, in excess of an allowance for shrinkage, typically specified in the Production Plan, will pass to REMEC after REMEC has signed for receipt from the carrier. Liability for loss or damage to SpectraPoint provided material, including finished Products incorporating such material, will pass back to SpectraPoint at the same time as the risk of loss passes to SpectraPoint for the Product.
(a) SpectraPoint warrants that at the time of delivery of SpectraPoint provided material SpectraPoint has free and clear title to the SpectraPoint provided material, and warrants that such material is free of faulty workmanship and materials, that it meets applicable specifications and that any tooling and test equipment that is part of the SpectraPoint provided material performs the functions on which REMEC will rely to manufacture the Product(s).
(b) SpectraPoint shall have the option to replace or repair defective SpectraPoint provided material. This shall be REMEC's sole and exclusive remedy for defective SpectraPoint provided materials.
