Common use of Special Items Clause in Contracts

Special Items. 13.1 Unless expressly agreed otherwise, the Seller is also entitled to produce special items, which are made for the Buyer, for third parties. 13.2 The Buyer must approve samples of special items within 14 days of dispatch. If the Seller does not receive a rejection report after 14 days, the samples will be deemed approved. 13.3 Unless expressly agreed otherwise, all models, moulds, samples, forms, drawings and all other equipment and instructions involved with the making of special items are and shall remain the property of the Seller. 13.4 The Buyer is responsible for the costs of replacement, repairs and maintenance of the moulds. 13.5 Drawings, know-how and designs which the Seller places at the disposal of the Buyer may not be copied or passed to third parties for inspection or made public knowledge without the written consent of the Seller. They must be immediately returned to the Seller after use. If any of these terms and conditions is infringed, the Buyer shall pay the Seller an immediately collectable penalty of € 50,000.00 per instance and € 5,000.00 for each day that the infringement continues. 13.6 The Seller has the right to destroy moulds regardless of whether they are the property of the Seller or the Buyer if they have not been used for a period of 2 years. The Seller shall notify the Buyer of its intention to destroy such materials 3 months prior to expiry of the 2 year period.

Appears in 4 contracts

Samples: General Conditions of Sale, Sales Contracts, Sales Contracts

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Special Items. 13.1 Unless expressly agreed otherwise, the Seller is also entitled to produce special items, which are made for the Buyer, for third parties. 13.2 The Buyer must approve samples of special items within 14 days of dispatch. If the Seller does not receive a rejection report after 14 days, the samples will be deemed approved. 13.3 Unless expressly agreed otherwise, all models, moulds, samples, forms, drawings and all other equipment and instructions involved with the making of special items are and shall remain the property of the Seller. 13.4 The Buyer is responsible for the costs of replacement, repairs and maintenance of the moulds. 13.5 Drawings, know-how and designs which the Seller places at the disposal of the Buyer may not be copied or passed to third parties for inspection or made public knowledge without the written consent of the Seller. They must be immediately returned to the Seller after use. If any of these terms and conditions is infringed, the Buyer shall pay the Seller an immediately collectable penalty of € 50,000.00 per instance and € 5,000.00 for each day that the infringement continues. 13.6 The Seller has the right to destroy moulds regardless of whether they are the property of the Seller or the Buyer if they have not been used for a period of 2 years. The Seller shall notify the Buyer of its intention to destroy such materials 3 months prior to expiry of the 2 year period. Xxxx Products B.V. | Xxxxxxxxxxxxxxx 00 | 0000 XX Xxxxxxxxx | Netherlands Tel: +00 (0)000 000000 | xxxxxxxxxxxx.xxx | E-Mail: xxxxx@xxxxxxxxxxxx.xxx Bank BIC XXXXXX0X | IBAN - EURO XX00XXXX0000000000 | IBAN USD XX00XXXX0000000000 | IBAN AUD XX00XXXX0000000000 VAT Nr.: NL851073219B01 | Xxxxxxxx of Commerce Nr: 53919351

Appears in 1 contract

Samples: Sales Contract

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Special Items. 13.1 Unless expressly agreed otherwise, the Seller is also entitled to produce special items, which are made for the Buyer, for third parties. 13.2 The Buyer must approve samples of special items within 14 days of dispatch. If the Seller does not receive a rejection report after 14 days, the samples will be deemed approved. 13.3 Unless expressly agreed otherwise, all models, moulds, samples, forms, drawings and all other equipment and instructions involved with the making of special items are and shall remain the property of the Seller. 13.4 The Buyer is responsible for the costs of replacement, repairs and maintenance of the moulds. 13.5 Drawings, know-how and designs which the Seller places at the disposal of the Buyer may not be copied or passed to third parties for inspection or made public knowledge without the written consent of the Seller. They must be immediately returned to the Seller after use. If any of these terms and conditions is infringed, the Buyer shall pay the Seller an immediately collectable penalty of £50,000.00 per instance and £5,000.00 for each day that the infringement continues. 13.6 The Seller has the right to destroy moulds regardless of whether they are the property of the Seller or the Buyer if they have not been used for a period of 2 years. The Seller shall notify the Buyer of its intention to destroy such materials 3 months prior to expiry of the 2 year period.

Appears in 1 contract

Samples: Terms and Conditions

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