Tools. Tools constructed for manufacturing our products shall remain the property of MARQUARDT France or its affiliates, even if the customer has a share in the cost.
Tools. Unless otherwise agreed in writing, the tools designed or built by us, even if charged to the purchaser, remain our property and we do not allow them to leave our factories. After complete acquisition, the exclusive use of the tools is reserved for the purchaser for a period of five years after the last order. At the end of this period, the tools will be considered worthless and may be dismantled. If the purchaser is a natural person, the exclusive use of the tools is granted on a personal basis and ceases by death, incapacity, bankruptcy, cessation of activity, transfer of business in any form. If the purchaser is a legal entity, the exclusivity ceases by bankruptcy, cessation of business, assignment, dissolution, merger or legal transformation into another company.
Tools. The tools which are financed, in whole or in part, by SIA, shall be used solely for the execution of the latter’s orders, unless otherwise agreed first in writing. Insofar as the tools belong to SIA, they must be returned to the latter at its first request. The Supplier shall, at its expense, replace the tools concerned [as and when necessary] and ensure that they are suitable. The tools must be identifiable as belonging to SIA and, where possible, a permanent plate or reference must be affixed thereon, indicating that they belong to SIA. SIA and the Supplier shall negotiate the special terms and conditions of this loan, which may be provided for in a tool loan agreement. The Supplier shall be responsible for safekeeping, maintaining and repairing the tools and for taking out the requisite insurance under the terms and conditions set by the parties or in accordance with the statutory provisions applicable to consignment agreements. In the event of default on the part of the Supplier, the latter expressly authorises SIA to use the tools in its possession throughout the duration of the act of default to manufacture or cause the manufacture of the products that should have been delivered or bring them into compliance [with applicable standards], irrespective of the Supplier’s rights to the tools or products.