RETURNABLE CONTAINERS. Where Products are supplied in returnable containers or pallets, these must be promptly returned to INEOS at Customer’s cost in substantially the same condition as Customer received them. If containers or pallets are returned damaged or not returned within 90 days of delivery, INEOS may invoice Customer for their repair or replacement. In the case of non-returnable containers or packaging, Customer must destroy these after use at Customer’s own cost. By purchasing Products, Customer shall not obtain any rights to any intellectual property in or relating to the Products, including (without limitation) any trade marks, copyright, patents or rights in designs and, where such intellectual property is capable of registration, whether or not the same is registered.
RETURNABLE CONTAINERS. Returnable containers, stillages or racks in or on which goods are delivered are our property and will be charged to you unless they are returned to us no later than one month after the date of delivery, carriage paid, undamaged and in good condition.
RETURNABLE CONTAINERS. Buyer acknowledges that all returnable containers shall remain the property of Seller and shall not be used by Buyer for purposes other than the storage of Product(s) delivered therein by Seller. Buyer undertakes to return such containers to Seller promptly when empty, but in no event later than ninety (90) days from the date of delivery. Buyer shall pay Seller’s container deposit charges, as established by Seller from time to time, and shall remit the amounts of such charges when making payment for the Product(s) delivered therein. Container deposit charges shall be refunded to Buyer upon return of the containers, provided they are returned to Seller in good and reusable condition (normal wear and tear excepted) within ninety (90) days of the date of delivery and have been used only for storage of the original contents. If returnable containers are not returned in such condition within ninety (90) days of delivery or have been used for storage of products not purchased from Seller, the deposit shall be forfeited and retained by Seller. In addition to the forfeiture of the deposit, in the case of a container that is not returned to Seller within ninety (90) days of the date of delivery, Buyer shall be liable to Seller for an amount equal to the difference between the deposit and the replacement cost of the returnable container. Buyer accepts sole responsibility for the disposal of any containers and their contents in accordance with applicable law. Buyer agrees to defend, indemnify, and save Seller Group harmless from and against any and all Claims arising from Buyer’s handling, use, storage, or disposal of any container or its contents.
RETURNABLE CONTAINERS. All returnable containers used in making deliveries hereunder are Seller’s property and shall be used by Buyer only for proper storage of Seller’s material originally delivered hereunder. Buyer shall return such containers to Seller’s shipping point, in substantially the same condition received (normal wear and tear excepted), within two months from the date of original shipment.
RETURNABLE CONTAINERS. If shipment requires use of returnable containers, title to such returnable containers shall remain with Seller and they shall be returned to Seller in good condition (normal wear and tear excepted) within 60 days of Product delivery (freight charges collect). Upon request of Seller, Buyer agrees to pay Seller the reasonable value of the returnable containers if Buyer fails to return them to Seller or fails to return them in suitable condition. Seller may require a returnable container deposit at its sole discretion.
RETURNABLE CONTAINERS. Except as provided below, returnable containers, if any, shall remain the property of Seller. Buyer shall pay a deposit fee, per container, to be determined from time to time by Seller. Upon Buyer returning such container, freight prepaid by Seller, within ninety (90) days from the date of invoice, in good and fully reusable condition, without any residue of any materials other than Product under a nitrogen blanket, such deposit will be returned. If any returnable container is not so returned, title and all responsibility with respect to such container shall be deemed to have been transferred to Buyer at the Delivery Point, and the deposit fee shall be non-refundable and shall be retained by Seller.
RETURNABLE CONTAINERS. All returnable containers used in making deliveries hereunder are Seller’s property and shall be used by Buyer only for proper storage of Seller’s Product originally delivered therein. Buyer shall make a deposit as security for the return of such containers, equal to Seller’s current deposit charge therefor at the time of shipment. Such deposit shall be paid, without discount, when the invoice for the contents is paid. Buyer shall return such containers to Seller’s shipping point within two months from the date of original shipment, whereupon Buyer shall be credited with the amount of the deposit. If Buyer fails to return the containers in good condition and within the time specified, Seller may refuse to accept the same and may retain said deposit in addition to any other rights and remedies available to Seller. In addition, Xxxxx shall reimburse Seller for all reasonable costs and expenses incurred by Seller in providing any communication and emergency response system services in connection with the Product sold hereunder, except to the extent that such services are required due to Seller’s breach of this Contract or negligence.
RETURNABLE CONTAINERS. All returnable containers shall remain the property of Seller and shall not be used by Buyer for purposes other than the storage of Product. Buyer shall return such containers to Seller promptly when empty but in no event later than ninety (90) days after the date of delivery. Buyer shall return such containers in good and reusable condition (normal wear and tear excepted). If returnable containers are not timely returned, the Buyer shall pay the Seller’s applicable detention charges. If returnable containers are not returned in such condition within ninety (90) days after delivery, then any container deposit paid by Buyer shall be forfeited and retained by Seller. In addition
RETURNABLE CONTAINERS. If returnable containers are required by Buyer, container and transportation costs therefor will be negotiated in good faith between Buyer and Seller. __________________________________ [ * ] = CONFIDENTIAL TREATMENT HAS BEEN GRANTED -28-
7. SERVICE PARTS AVAILABILITY
A. Service parts for the Products covered within this Agreement will be furnished and combined with production orders. If Buyer ceases production of any product incorporating a Product covered within this Agreement, Seller shall continue to maintain tools and supply Buyer with the Products necessary to satisfy Buyer's past model service and replacement requirements for Buyer's product for a period of at least ten (10) years, and at prices to be reasonably agreed to between the parties hereto.
B. In addition, upon termination or expiration of this Agreement, Buyer shall have the opportunity for a one-time buy of Products by Buyer to fulfill such service and replacement requirements. Buyer and Seller shall negotiate in good faith with respect thereto.
RETURNABLE CONTAINERS. All returnable containers used in connection with shipments of Seller’s products are the property of Seller. Buyer shall use containers only for reasonable storage of Seller’s goods originally delivered therein and shall return such containers in good condition within ninety (90) days from date of original shipment. At Seller’s request, Buyer shall make a deposit of security for the return of such containers equal to Seller’s deposit requirements at time of shipment, such deposit to be paid, without discount, when the invoice for contents is paid. Upon return of such containers as above provided for to the site from which originally shipped, or in accordance with specific directions of Seller, Seller shall credit Buyer with the amount of said deposit, except that return transportation charges shall be paid by the Buyer to the Seller in accordance with assessment of transportation charges with respect to delivery of material sold hereunder. At Seller’s sole discretion, if Xxxxx fails to return such containers or fails to return such containers in good condition and within the specified time, Seller may retain said deposit for such failure and/or invoice Buyer for the cost of a replacement container. When returning empties, such container must be tagged, showing number, consignor and consignee and Buyer shall include all container numbers on bills of lading and shipping papers. This is essential to identify containers and issue proper credit to Buyer.
