Common use of Special Tooling Clause in Contracts

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.

Appears in 2 contracts

Samples: Terms and Conditions Sarica, Terms and Conditions Sarica

AutoNDA by SimpleDocs

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 included in 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 ManufacturingXxxxxxx Engineering Corporation” and shall be safely safety 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 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 tooling so that it any way accrues to the benefit of any competitor or Purchaser or to the detriment of Purchaser in any way. Xxxxxx Seller agrees not to mortgage, pledge, sell lease or otherwise encumber, dispose of or subject to a lien or security interest any special tooling that is the subject of or covered by this order.

Appears in 1 contract

Samples: Purchasing Agreement

Special Tooling. Any Dies, tools and all jigspatterns specially developed for and used in the manufacture of the materials, dies, fixtures, molds, patterns, special gauges, special tapes, special test equipment, manufacturing aids, articles 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 goods that are the cost subject 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, Order shall be furnished by and remain at the sole property expense 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 and, when necessary, shall be replaced by Seller without expense to Buyer. Buyer may at any time become the owner 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 or all such special tooling acquired or manufactured specially for use in the performance of this Order if any portion of the cost of such special tooling is separately stated or included in the price of articles, goods, material or work covered by this Order upon demandSeller being reimbursed the unpaid amount of Seller’s cost of such special tooling. IF and when Purchaser requests possessionIf the price stated on the face of this Order includes separately the entire cost of any such dies, tools and/or patterns acquired by Seller for the purpose of filing this Order, such dies, tools and/or patterns shall become the property of the Buyer. To the extent feasible, Seller shall prepare such special tooling for shipment identify said property as Buyer directs and shall deliver same retain such property for exclusive use of Buyer. At completion of this Order, such tools, dies and/or patterns shall be stored for a reasonable time by Seller at no cost to Purchaser Buyer, and until disposed of as Buyer may direct. Notwithstanding any other provisions of these terms and conditions, upon prior written notice to Buyer and to the extent such use will not interfere with Seller’s performance of purchase orders with Buyer at Purchaser’s expensethe time, Seller shall not directly with the U.S. Government’s authorization(s), if applicable, may use on other contracts all material, engineering data or indirectly other technical or proprietary information, which the Government owns, or has the right to authorize 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 orderthereof.

Appears in 1 contract

Samples: www.wmwcnc.com

AutoNDA by SimpleDocs

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 Seller 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.

Appears in 1 contract

Samples: Terms and Conditions Sarica

Time is Money Join Law Insider Premium to draft better contracts faster.