Common use of PURCHASER’S PROPERTY Clause in Contracts

PURCHASER’S PROPERTY. Seller shall be responsible for Purchaser’s Property while the same is in the possession, control or custody of Seller or any Person to whom or to which Seller transfers any Purchaser’s Property. Seller shall use Purchaser’s Property at its own risk, shall not transfer or dispose of Purchaser’s Property, shall be responsible for all loss of or damage to it, shall adequately insure it against loss or damage (in an amount not less than its replacement value), shall at its own cost maintain it in the same condition as supplied, ordinary wear and tear excepted, shall not modify or move it to another location without Purchaser’s prior written consent, and shall return or otherwise dispose of Purchaser’s Property in accordance with Purchaser’s instructions. Seller shall at all times prominently identify Purchaser’s Property as belonging to Purchaser, and shall segregate such property from property of Seller or others. Seller shall at all times keep Purchaser’s Property free and clear of all liens, claims or encumbrances by through or under Seller, any Seller Associated Person or any transferee of Seller. If Goods to be manufactured for Purchaser by Seller hereunder are to be made pursuant to Confidential Information furnished by Purchaser, Seller shall return the same to Purchaser immediately upon Purchaser’s request, or, if not theretofore requested, upon completion, termination, or cancellation of this Purchase Order. Seller shall not, without the prior written consent of Purchaser, use Purchaser’s Property or Confidential Information in the manufacture of any Goods, goods or material for any Person other than Purchaser. ANY AND ALL PURCHASER’S PROPERTY IS PROVIDED “AS IS” AND WITH ALL FAULTS. Purchaser will not be liable to Seller for any Liabilities and/or Expenses related to Purchaser’s Property.

PURCHASER’S PROPERTY. Unless otherwise agreed to in writing by Purchaser, all tools, equipment, and material furnished to Seller by Purchaser or paid for by Purchaser, as well as replacements therefore and attachments, thereto, shall be and remain the property of Purchaser. Such property and whatever practical each individual item thereof, shall be plainly marked or otherwise adequately identified by Seller as “Property of PURCHASER” shall be safely and separate and apart from Seller’s property and shall be properly maintained by Seller at their expense under conditions of normal wear. Seller shall be responsible not substitute any other property for Purchaser’s Property while the same is in the possession, control or custody of Seller or any Person to whom or to which Seller transfers any Purchaser’s Property. Seller property and shall not use Purchaser’s Property at its own property except in filling Purchaser’s Purchase Order. Such property while in Seller’s custody or control shall be held in Seller’s risk, shall not transfer or dispose of Purchaserbe kept insured by Seller, at Seller’s Property, shall be responsible for all loss of or damage to it, shall adequately insure it against loss or damage (expense in an amount not less than its equal to the replacement value)cost with loss payable to Purchaser and shall be subject to inspection by Purchaser upon reasonable notice and to removal at Purchaser’s written direction. In the event of removal/return to Purchaser, Seller shall at its own cost maintain prepare it for shipment and shall deliver it to Purchaser in the same condition as suppliedoriginally received or manufactured by Seller, ordinary reasonable wear and tear exceptedexpected. CHANGES – Purchaser at any time, by written order, may change the design (including drawings, materials and specifications), processing, method of packing and shipping, and destination. If any such change affects the cost or timing, it shall be the Seller’s responsibility to make every effort to minimize any changes. Purchaser shall not modify adjust the purchase price and delivery schedule equitably, by written amendment. Seller shall not make any change in the design, processing, packing, shipping or move it to another location place of delivery without Purchaser’s prior written approval. NON-ASSIGNMENT – Seller shall not assign this Purchase Order any interest, thereon, any right or obligation, created thereby or any payment due or to become due thereunder without Purchaser’s written consent, . Any attempt by Seller to make such assignment shall be null and void and any such assignment by operation of law shall return or otherwise dispose of Purchaser’s Property in accordance with Purchaser’s instructionsgive Purchaser the option to terminate the Purchase Order without further liability. Seller SET-OFF – Purchaser shall have the right at all times prominently identify Purchaser’s Property as belonging to set off any amount owing from Seller to Purchaser, and shall segregate such property from property any component of Seller Purchaser or others. Seller shall any of its affiliated companies against any amount payable at all times keep any time by Purchaser in connection with this Purchase Order or Purchaser’s Property free and clear of all liens, claims or encumbrances by through or under Seller, any Seller Associated Person or any transferee of Seller. If Goods to be manufactured for Purchaser by Seller hereunder are to be made pursuant to Confidential Information furnished by Purchaser, Seller shall return the same to Purchaser immediately upon Purchaser’s request, or, if not theretofore requested, upon completion, termination, or cancellation of this Purchase Order. Seller shall not, without the prior written consent of Purchaser, use Purchaser’s Property or Confidential Information in the manufacture of any Goods, goods or material for any Person other than Purchaser. ANY AND ALL PURCHASER’S PROPERTY IS PROVIDED “AS IS” AND WITH ALL FAULTS. Purchaser will not be liable to Seller for any Liabilities and/or Expenses related to Purchaser’s Property.

PURCHASER’S PROPERTY. Seller Any and all technical information or data, ideas, designs, sketches, drawings, blueprints, patterns, dies, models, molds, tools, jogs, fixtures, plates, cuts, special appliances and materials furnished or paid for by Purchaser, or developed by Seller, in connection with this Purchase Order (“Technical Data”) shall be responsible and remain the property of the Purchaser. Purchaser shall have the right to enter Seller’s premises and remove such Technical Data at any time without being guilty of trespass or liable for Purchaser’s Property while the same is damages or expenses of any kind. All such Technical Data shall be used only in the possession, control or custody performance of Seller or any Person to whom or to which Seller transfers any Purchaser’s Propertywork under this Purchase Order unless Purchaser consents otherwise in writing. Seller shall use Purchaser’s Property at its own risk, shall not transfer or dispose prominently mark all Technical Data as property of Purchaser’s Property, shall be responsible for all loss of or damage to it, shall adequately insure it against loss or damage (in an amount not less than its replacement value), shall at its own cost maintain it in the same condition as supplied, ordinary wear and tear excepted, shall not modify or move it to another location without Purchaser’s prior written consent, and shall return or otherwise dispose of Purchaser’s Property in accordance with Purchaser’s instructions. Seller shall at also mark all times prominently identify Purchaser’s Property as belonging to Purchaser, and shall segregate such property from property of Seller or othersTechnical Data with corresponding drawing number. Seller shall similarly list all Technical Data on invoices, and such Technical Data in Seller’s possession shall be kept at all times keep PurchaserSeller’s Property free risk and clear of all liensshall be replaced by Seller if lost, claims damaged, or encumbrances destroyed. They shall be maintained in good condition, at Seller’s expense, and kept insured by through or under Seller, any with loss payable to Purchaser. Seller Associated Person shall, without limitation as to time, indemnify and hold Purchaser harmless from all claims which may be asserted against said property, including, without limitation, mechanic’s liens or any transferee claims arising under Workmen’s Compensation or occupational injury laws, and from all claims from injury to persons or property arising out of Seller. If Goods or related to be manufactured for Purchaser by Seller hereunder are to be made pursuant to Confidential Information furnished by Purchaser, Seller shall return the same to Purchaser immediately upon Purchaser’s request, or, if not theretofore requested, upon completion, termination, such items or cancellation of their performance under this Purchase Order. All information disclosed to Seller by Purchaser shall not, without the prior written consent of Purchaser, use Purchaser’s Property or Confidential Information be deemed proprietary and will be protected by Seller in the manufacture same manner Seller protects its own proprietary information, but in no event will less than a reasonable degree of any Goods, goods or material for any Person other than Purchaser. ANY AND ALL PURCHASER’S PROPERTY IS PROVIDED “AS IS” AND WITH ALL FAULTS. Purchaser will not be liable to Seller for any Liabilities and/or Expenses related to Purchaser’s Propertycare.

PURCHASER’S PROPERTY. Title to and the right to immediate possession of all tools, molds, dies, parts, supplies, jigs, fixtures, plans, drawings, specifications and all other equipment, materials and property that are furnished by Purchaser for Seller’s use hereunder; or are procured, produced, manufactured or fabricated by Seller in connection with Seller’s performance hereunder; or are in any manner paid for directly or indirectly by Purchaser (all of which is collectively referred to as “Purchaser’s Property’); shall at all times be responsible for and remain with Purchaser. Seller will ensure that at all times Purchaser’s Property while shall be and remain free and clear of any interest or claim on the same is in the possession, control part of Seller’s creditors or custody of other third parties. Seller waives any and all liens that it has or any Person may acquire with respect to whom or to which Seller transfers any Purchaser’s Property. Seller shall use take all measures which Purchaser deems appropriate to perfect or evidence Purchaser’s Property at its own risk, shall not transfer or dispose of title to all Purchaser’s Property, shall be responsible for all loss of or damage to it, shall adequately insure it against loss or damage (in an amount not less than its replacement value), shall at its own cost maintain it in the same condition as supplied, ordinary wear including without limitation executing and tear excepted, shall not modify or move it to another location without Purchaser’s prior written consentfiling informational financing statements and other documents with respect thereto, and shall return or otherwise dispose of Purchaserfor such purpose, Seller hereby irrevocably appoints Purchaser as Seller’s Property attorney-in-fact to execute all such documents in accordance with PurchaserSeller’s instructionsname and on Seller’s behalf. Seller shall at clearly mark or otherwise adequately identify all times prominently identify Purchaser’s Property as belonging to Purchaser. Seller shall not transfer possession of any Purchaser’s Property to any third party or delegate or assign any of Purchaser’s obligations with respect thereto, unless otherwise specifically agreed by Purchaser in writing. While any of Purchaser’s Property remains in Seller’s possession, Seller shall at its expense maintain the same in good operating condition and repair and in compliance with all warranties contained herein. Seller shall be responsible for and shall bear all risk of loss or damage to all Purchaser’s Property while in Seller’s care, custody, possession or control, and shall segregate insure such risks with full replacement value fire and extended coverage insurance reasonably satisfactory to Purchaser. Unless otherwise agreed by Purchaser in writing, Seller will use all Purchaser’s Property solely and exclusively to perform for Purchaser’s benefit hereunder, and not for the benefit of any other party. Seller, as a material part of the consideration hereunder, hereby assumes all risk of damage to property or injury to persons arising from property its use of Seller or othersall Purchaser’s Property. Seller shall at indemnify Purchaser from and hold Purchaser harmless against any and all times keep claims arising from Seller’s use of all Purchaser’s Property, including all attorney’s fees, expenses and liabilities incurred in the defense or settlement of any such claims, and, in the event of any claim against Purchaser by an employee or agent of Seller, Seller’s liability and indemnification obligation hereunder shall not be limited by any amount recoverable by such persons under worker’s compensation or similar applicable law. Seller shall maintain such liability insurance with respect to its obligations under this Paragraph as Purchaser may from time to time require. Purchaser shall have the right to recover immediate possession of all items of Purchaser’s Property free at any time, with or without cause, and clear of all liens, claims without any additional charge or encumbrances by through or under Seller, any Seller Associated Person or any transferee of Seller. If Goods fee being assessed to be manufactured for Purchaser by Seller hereunder are to be made pursuant to Confidential Information furnished by Purchaser, Seller shall return the same to Purchaser immediately upon reason of such recovery. Upon Purchaser’s request, or, if not theretofore requested, upon completion, termination, or cancellation of this Purchase Order. Seller shall not, without the prior written consent of Purchaser, use deliver all Purchaser’s Property or Confidential Information to Purchaser, FCA Seller’s dock, in good condition and repair, normal wear and tear only excepted. Seller grants to Purchaser the manufacture of any Goods, goods or material for any Person other than Purchaser. ANY AND ALL PURCHASER’S PROPERTY IS PROVIDED “AS IS” AND WITH ALL FAULTS. Purchaser will not be liable unconditional right to Seller for any Liabilities and/or Expenses related enter upon Seller’s premises during normal business hours upon twenty-four (24) hours notice to recover Purchaser’s Property.

PURCHASER’S PROPERTY. Seller shall be responsible for Purchaser’s Property while the same is in the possession, control or custody of Seller or any Person to whom or to which Seller transfers any Purchaser’s Property. Seller shall use Purchaser’s Property at its own risk, shall not transfer or dispose of Purchaser’s Property, shall be responsible for all loss of or damage to it, shall adequately insure it against loss or damage (in an amount not less than its replacement value), shall sha ll at its own cost maintain it in the same condition as supplied, ordinary wear and tear excepted, shall not modify or move it to another location without Purchaser’s prior written consent, and shall return or otherwise dispose of Purchaser’s Property in accordance with Purchaser’s instructions. Seller shall at all times prominently identify Purchaser’s Property as belonging to Purchaser, and shall segregate such property from property of Seller or others. Seller shall at all times keep Purchaser’s Property free and clear of all liensli ens, claims or encumbrances by through or under Seller, any Seller Associated Person or any transferee of Seller. If Goods to be manufactured for Purchaser by Seller hereunder are to be made pursuant to Confidential Information furnished by Purchaser, Seller shall return the same to Purchaser immediately upon Purchaser’s request, or, if not theretofore requested, upon completioncompletion , termination, or cancellation of this Purchase Order. Seller shall not, without the prior written consent of Purchaser, use Purchaser’s Property or Confidential Information in the manufacture of any Goods, goods or material for any Person other than Purchaser. ANY AND ALL PURCHASER’S PROPERTY IS PROVIDED “AS IS” AND WITH ALL FAULTS. Purchaser Purc xxxxx will not be liable to Seller for any Liabilities and/or Expenses related to Purchaser’s Property.