Title to Customer-Supplied Items a. We retain title to the models, designs, manufacturing equipment, tools, gauging and testing equipment, materials supplied, drawings, factory-standard sheets, print copy and similar that we have supplied. The Supplier makes any order- related manufacturing equipment and tools on our behalf. The Supplier shall store these items with the care of a prudent businessperson free of charge and separately from other items in its possession, mark them as our property and use them only for the purpose of providing deliveries and services to us. The Supplier pays the costs for the care, maintenance and renewal of parts of manufacturing resources which were provided by, or manufactured for, us. This manufacturing equipment may only be modified with our prior written consent. We may require the surrender of the manufacturing equipment if - this has been agreed in a tooling contract - the Supplier becomes unable to supply the parts made with the manufacturing equipment, - the Supplier suffers a loss of assets, in particular if insolvency proceedings are opened on its assets or - an application for the opening of such proceedings has been made or the business relations have ended. The Supplier is obliged to insure the tools belonging to us, on request, for their new value at its own expense against damage by fire, water and theft. The Supplier already now assigns to us all indemnity claims to damages arising from this insurance and we accept this assignment.
a. If the Supplier processes or transforms materials we have supplied, this work is done on our behalf. We will become the direct owner of the items thereby produced. If the materials we have supplied are processed with other goods that do not belong to us, we acquire a co-ownership share in the new item in the proportion of the value of our item (cost price plus statutory VAT) to the other items processed at the time of processing.
b. If the item supplied by us is inseparably combined or mixed with other goods that do not belong to us, we acquire a co-ownership share in the new item equal to the proportion of the value of our items (cost price plus statutory VAT) to the other items combined or mixed at the time of combining or processing. If combining or mixing occurs in a way that items not owned by us are regarded as the principal item, it is deemed to have been agreed that the Supplier assigns a pro-rata share of title to us. The Supplier keeps the sole title or shared title safe on our behalf.
c. Where the val...
