Special Tooling. To the extent that Seller, including any subcontractor thereof, uses special tooling, either furnished to or acquired by Seller under this Contract, in the performance of this Contract, Seller shall manage such tooling in accordance with clause E223, which is incorporated by reference into this Contract.
Special Tooling. If the Agreement includes special tooling, payment of Seller’s invoices for said special tooling is contingent upon Buyer’s inspection, testing and acceptance the first piece produced by the special tooling.
Special Tooling. If special tooling used in the performance of this purchase order has been charged to this order, or to this order and other orders placed by the Buyer, title to such special tooling shall vest in the Buyer, at the option of the Buyer. Such tooling is to be used only in the performance of such Purchase Orders unless otherwise approved by Buyer. The Seller agrees that it will follow normal industrial practice in the identification and maintenance of property control records on all such tooling, and will make such records available for inspection by the Buyer at all reasonable times. After the termination or completion of such Order(s) and upon the request of the Buyer, the Seller shall furnish a list of such tooling in the form requested and shall make such tooling available for disposition by the Buyer.
Special Tooling. Any and all jigs, dies, fixtures, molds, patterns, special gauges, special tapes, special test equipment, manufacturing aids, or other special equipment, or any replacements thereof, or any materials affixed or attached thereto (thereinafter called special tooling) at any time furnished to Seller or paid for by Purchaser or the cost of which or any charge or allowance to cover any depreciation and/or amortization thereof that is include din providing the price specified in this order, or paid for separately by Purchaser, of which is based upon any design or process confidential or proprietary to Purchaser, shall be and remain the sole property of Purchaser. Each item of special tooling shall be plainly marked or adequately identified by Seller as “Property of Sarica Manufacturing” and shall be safely stored apart from Seller’s property. Special tooling while in Seller’s custody, possession or control shall be kept in good condition and shall be replaced by Seller and Seller shall bear all risk of loss thereof and damage thereto, normal wear and tear excepted. Purchaser shall be entitled to sole and exclusive possession of any and all special tooling upon demand. IF and when Purchaser requests possession, Seller shall prepare such special tooling for shipment and shall deliver same to Purchaser at Purchaser’s expense, Seller shall not directly or indirectly use any special tooling paid for by Purchaser to or for the benefit of a third party whatever, nor will Seller ever permit the use of any such toolings so that it any way accrues to the benefit of any competitor or Purchaser or to the detriment of Purchaser in any way. Xxxxxx agrees not to mortgage, pledge, sell lease or otherwise encumber, dispose of or subject to lien or security interest any special tooling that is the subject of or covered by this order.
Special Tooling. Special Tooling" shall mean all special tools, tooling, tooling aids, jigs, dies, special dies, molds, fixtures, drawings, designs, patterns and similar items acquired or utilized by Seller to produce any materials for Buyer. All Special Tooling and any other property that is paid for by Buyer or its customer and/or furnished to Seller by Buyer or its customer and/or made available to Seller by Buyer or its customer ("Buyer Provided Special Tooling") is and shall remain the property of Buyer or its customer. Buyer shall also have the right (at its option) to purchase at cost at any time all Special Tooling that does not qualify as Buyer Provided Special Tooling ("Other Special Tooling"), and upon Buyer electing or agreeing to purchase any Other Special Tooling, such Other Special Tooling shall become Buyer Provided Special Tooling. Buyer may condition its purchase of Other Special Tooling upon Buyer accepting, as conforming to requirements hereunder, the first run of parts made by the use thereof and until Seller has furnished to Buyer an itemized list of such Other Special Tooling and such records as may be necessary to enable Buyer to audit the cost thereof. Seller shall (i) be responsible for all losses or damages to Special Tooling while in its possession, and insure all Special Tooling against loss or destruction, in an amount equal to the full replacement cost thereof, at all times while in Seller's possession; (ii) mark and number all Special Tooling to correspond to the number of the part made by use thereof; (iii) keep all Special Tooling in good working order, and to the extent necessary repair and/or replace such Special Tooling; (iv) not modify any Special Tooling in any way without Buyer prior written consent;
Special Tooling. Special Tooling includes but is not limited to tooling, jigs, fixtures and associated manufacturing equipment acquired or necessary to manufacture Products. A tooling charge may be imposed for any Special Tooling. Such Special Tooling shall be and remain Seller's property notwithstanding payment of any charges by Xxxxx. In no event will Buyer acquire any interest in Special Tooling belonging to Seller that is utilized in the manufacture of the Products, even if such Special Tooling has been specially converted or adapted for such manufacture and notwithstanding any charges paid by Buyer. Unless otherwise agreed, Seller has the right to alter, discard or otherwise dispose of any Special Tooling or other property in its sole discretion at any time.
Special Tooling. All dies, jigs, fixtures, drawings, molds, patterns, templates, gages and the like that Xxxx provides to Seller or pays Seller to make or buy for use in performing this Order (collectively, "Tooling") are at all times the personal property of Xxxx or Dana's customer, as the case may be. Xxxx will not be obligated to pay for such Tooling, if applicable, until Seller has provided Xxxx with an itemized list and adequate cost records for the same and Xxxx has accepted the Tooling or the first run of Goods manufactured or assembled therewith. If Seller fails to provide adequate cost records, Xxxx will be not be obligated to pay more than the fair market value of the Tooling, regardless of the Tooling purchase price set out in the Order. While the Tooling is in its possession or custody, Seller will be responsible for any loss or damage to the Tooling and for all taxes, assessments, and similar charges levied with respect to or on it. Seller will label the Tooling in accordance with Dana's instructions to permit accurate identification and will segregate it from other tooling in Seller's possession to the extent practicable. At its own expense, Seller will repair and maintain the Tooling, keep it in good working condition, and replace it when necessary for any reason, including normal wear and tear. Seller will use the Tooling exclusively to produce Goods for Xxxx hereunder and for no other purpose. Upon expiration, cancellation, or termination of this Order, Seller will hold the Tooling and any operation sheets, process data, or other information necessary to show its use, at no charge, pending receipt of Dana's instructions about its removal or disposition, which will be at Dana's expense. Seller acknowledges that Xxxx or Dana's customer, as the case may be, has title to and all rights in the Tooling, all accessories and attachments thereto, all substitutes and replacements therefor and all proceeds therefrom. Seller authorizes Xxxx or Dana's customer, as applicable, or their agents, on Seller's behalf and as its attorney-in-fact, to prepare, sign and file such Uniform Commercial Code financing statements and amendments thereto and similar documents as they deem necessary to evidence their ownership of the Tooling.
Special Tooling. (a) Unless otherwise herein agreed, special tools, dies, jigs, fixtures and patterns (“Special Tooling”) used in the manufacture of said articles shall be furnished by and at the expense of Seller, shall be kept in good condition and, when necessary, shall be replaced by Seller without expense to Buyer. Buyer may at any time reimburse Seller for the cost of the special tooling and replacements and become the owner and entitled to the possession of same; (b) If the price stated on the face hereof includes separately the cost of any special tooling fabricated or acquired by Seller for the specific purpose of filing this order, such special tooling shall become the property of Buyer and, to the extent feasible, shall be properly identified by Seller as such. Seller shall at its own expense maintain such special tooling in proper working conditions during the period it is required for the performance of this order. When this order has been completed, such special tooling shall be disposed of as Buyer may direct.
Special Tooling. A charge may be made for the design and manufacture of any tools specially bought or made for the purpose of the contract. Such tools shall, despite such payment, remain the property of the Seller, who may dispose of them if they have not been used for 2 years.
Special Tooling. All special tooling required to produce the goods shall remain the property of the SELLER unless specific arrangements are otherwise made. In any case, SELLER'S responsibility is limited to proper design, proper handling in manufacture and storage, and adequate insurance. The BUYER is responsible for costs resulting from: (1) requested alterations, (2) major repairs or replacement caused by normal wear, (3) additional costs incurred when new factors are introduced such as shorter lead time and/or increased rate of delivery. The term "Special Tooling" shall include such items as molds, dies, forms, jigs, mandrels, fixtures, and other special equipment, except machinery that is required to produce the goods.
