Common use of Service Parts Clause in Contracts

Service Parts. 10.1 For Supplies used in the manufacture of motor vehicles, for a period of fifteen (15) years after Buyer completes current model purchases for its Customer or such longer time as may be required of Buyer by Buyer’s Customer, and for Supplies not used in the manufacture of motor vehicles, for a period of twelve (12) years after Buyer purchases the Supplies, Seller shall sell to Buyer the quantity of Supplies needed to fulfill Buyer’s Customer's past model service and replacement requirements (“Service Parts”). All such parts shall be sold at the last price specified in the latest revision to the Order plus the actual cost differentials for packaging, materials and manufacturing as a result of service volume levels but in no case to exceed twenty (20%) percent of the price for the last production year. During the fifteenth (15th) year of such period, Buyer and Seller shall negotiate in good faith with regard to Seller's continued manufacture of Service Parts. 10.2 At Buyer’s request, Seller shall make service literature and other materials available at no additional charge to support Buyer’s Service Parts sales activities. Unless otherwise expressly agreed in writing by an authorized representative of Buyer, or unless Buyer removes Tooling (as defined in Section 19.1) from Seller necessary for the production of Service Parts, Seller’s obligations under this Section shall survive termination or expiration of the Order for any reason.

Appears in 5 contracts

Samples: North American Terms and Conditions of Purchase, North American Terms and Conditions of Purchase, North American Terms and Conditions of Purchase

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Service Parts. 10.1 For Supplies used in the manufacture of motor vehicles, for a period of fifteen (15) years after Buyer completes current model purchases for its Customer or such longer time as may be required of Buyer by Buyer’s Customer, and for Supplies not used in the manufacture of motor vehicles, for a period of twelve (12) years after Buyer purchases the Supplies, Seller shall sell to Buyer the quantity of Supplies needed to fulfill Buyer’s Customer's ’s past model service and replacement requirements (“Service Parts”). All such parts shall be sold at the last price specified in the latest revision to the Order plus the actual cost differentials for packaging, materials and manufacturing as a result of service volume levels but in no case to exceed twenty (20%) percent of the price for the last production year. If the Supplies are systems, modules or assemblies, Seller shall, upon request, sell the components or parts that comprise the systems, modules or assemblies at pricing that will not in the aggregate exceed the price of the system, module or assembly. During the fifteenth (15th) year of such period, Buyer and Seller shall negotiate in good faith with regard to Seller's ’s continued manufacture of Service Parts. 10.2 At Buyer’s request, Seller shall make service literature and other materials available at no additional charge to support Buyer’s Service Parts sales activities. Unless otherwise expressly agreed in writing by an authorized representative of Buyer, or unless Buyer removes Tooling (as defined in Section 19.120.1) from Seller necessary for the production of Service Parts, Seller’s obligations under this Section shall survive termination or expiration of the Order for any reason.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

Service Parts. 10.1 For Supplies used in the manufacture of motor vehicles, for a period of fifteen (15) years after Buyer completes current model purchases for its Customer or such longer time as may be required of Buyer by Buyer’s Customer, and for Supplies not used in the manufacture of motor vehicles, for a period of twelve (12) years after Buyer purchases the Supplies, Seller shall sell to Buyer the quantity of Supplies needed to fulfill Buyer’s Customer's ’s past model service and replacement requirements (“Service Parts”). All such parts shall be sold at the last price specified in the latest revision to the Order plus the actual cost differentials for packaging, materials and manufacturing as a result of service volume levels but in no case to exceed twenty (20%) percent of the price for the last production year. If the Supplies are systems, modules or assemblies, Seller shall, upon request, sell the components or parts that comprise the systems, modules or assemblies at pricing that will not in the aggregate exceed the price of the system, module or assembly. During the fifteenth (15th) year of such period, Buyer and Seller shall negotiate in good faith with regard to Seller's ’s continued manufacture of Service Parts.. Effective January 1, 2018 10.2 At Buyer’s request, Seller shall make service literature and other materials available at no additional charge to support Buyer’s Service Parts sales activities. Unless otherwise expressly agreed in writing by an authorized representative of Buyer, or unless Buyer removes Tooling (as defined in Section 19.120.1) from Seller necessary for the production of Service Parts, Seller’s obligations under this Section shall survive termination or expiration of the Order for any reason.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

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Service Parts. 10.1 For Supplies used in the manufacture of motor vehicles, for a period of fifteen (15) years after Buyer completes current model purchases for its Customer or such longer time as may be required of Buyer by Buyer’s Customer, and for Supplies not used in the manufacture of motor vehicles, for a period of twelve (12) years after Buyer purchases the Supplies, Seller shall sell to Buyer the quantity of Supplies needed to fulfill Buyer’s Customer's past model service and replacement requirements (“Service Parts”). All such parts shall be sold at the last price specified in the latest revision to the Order plus the actual cost differentials for packaging, materials and manufacturing as a result of service volume levels but in no case to exceed twenty (20%20 ) percent of the price for the last production year. During the fifteenth (15th) year of such period, Buyer and Seller shall negotiate in good faith with regard to Seller's continued manufacture of Service Parts. 10.2 At Buyer’s request, Seller shall make service literature and other materials available at no additional charge to support Buyer’s Service Parts sales activities. Unless otherwise expressly agreed in writing by an authorized representative of Buyer, or unless Buyer removes Tooling (as defined in Section 19.1) from Seller necessary for the production of Service Parts, Seller’s obligations under this Section shall survive termination or expiration of the Order for any reason.

Appears in 1 contract

Samples: North American Terms and Conditions of Purchase

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