Consigned Components Clause Samples

Consigned Components. In consideration of Seller’s agreement to accept Buyer’s consignment of components, if any, for use in the manufacture of goods, Buyer agrees that, notwithstanding anything else contained in this agreement or otherwise, Buyer bears the risk of loss of or damage to consigned components and shall release Seller from liability for loss to consigned components, including without limitation loss resulting from Seller’s negligence or yield loss, and further shall waive rights of subrogation against Seller in the event of such loss. At all times, Buyer shall hold title to consigned components. Buyer shall ship consigned components to Seller DDP (Incoterms 2010) Seller’s manufacturing facility. Defective, Faulty or Damaged Consigned Components. Seller shall return consigned components damaged at delivery, damaged through yield loss, defective or faulty, to Buyer ExWorks (Incoterms 2010) Seller’s manufacturing facility. The quantity of goods ordered shall be automatically reduced as necessary due to the return of said consigned components.

Consigned Components. A. Upon request from Dovatron, Mylex may, at its election, consign components of Products to Dovatron. All consigned components will be delivered to Dovatron in a mutually agreed package type, and in sufficient time and in sufficient quantities to allow Dovatron to meet scheduled delivery dates for the applicable Products. All consigned components shall be in good condition. Mylex assumes complete liability for the quality of all consigned components and Dovatron shall not be responsible for any defects therein or failures thereof. Dovatron shall be responsible for inventory shrinkage of consigned components after its receipt of such components and for ensuring that appropriate physical controls of such components are in place and properly administered. B. Notwithstanding any implication to the contrary in subparagraph A above, Dovatron shall be obligated to account for all of the components, specifically identified by the parties at or prior to any consignment, that are consigned to Dovatron. Accordingly, if any such component is damaged, lost or destroyed in the manufacturing, configuration or testing process, Dovatron shall be responsible, at Mylex's election, for replacing such component at its own expense or paying Mylex an amount for such component to be agreed upon by Mylex and Dovatron; provided, however, Dovatron shall have no responsibility for any such yield losses for any class of component up to the amounts agreed upon by the parties. No consigned component shall be deemed to be defective or to have failed unless Dovatron has reasonable proof that it was defective or failed.

Consigned Components. VOLCANO reserves the right to supply through consignment, at its discretion and upon EI’s consent, any Components to EI related to the production of Product. VOLCANO will retain all rights, title, interest, and obligation (including but not limited to, warranty related issues) in the Components furnished to EI as consigned inventory. VOLCANO will retain ownership of all such Consigned Components including during the time such Components are used by EI in the manufacturing of VOLCANO’s Products. EI will manufacture the Product using its normal manufacturing practices. EI will care for VOLCANO consigned materials in the same manner as it own materials. Each party shall bear the financial loss of its materials that are yielded, consumed, or damaged during the manufacturing process at EI. EI will provide VOLCANO with inventory reports on a monthly basis or as requested for all consigned materials.

Consigned Components. TB shall retain all right, title and interest in Components furnished by TB to Foxconn (the “Consigned Components”), including all Consigned Components in Foxconn’s inventory and all Consigned Components in-transit to, and in-process at, a Foxconn facility. Foxconn assumes liability for Consigned Components in its possession against any non-manufacturing loss or damage Foxconn shall submit an inventory reconciliation of all Consigned Components on a monthly basis to TB. Within [*****] following TB’s written request, Foxconn will return all Consigned Components to TB, or to any other location specified by TB, at TB’s cost.

Consigned Components. 9.1 Upon notice to Seller, Buyer may supply certain consigned Components to Seller. Consigned Components shall be delivered to Seller in sufficient time and in sufficient quantities based on Purchase Orders and in accordance with this Agreement, including normal attrition levels, to allow Seller to meet scheduled Shipment Dates for the applicable Products. All consigned Components shall be in good condition and in good working order. Buyer assumes complete liability for the quality of all consigned Components and Seller shall not be responsible for any Defects or deficiencies therein. Seller shall, upon receipt of the consigned Components, perform reasonable level of inspections of the consigned Components, in accordance with its standard procedures and shall notify Buyer in writing, not later than ten (10) Days from the date of receipt of the consigned Components, of any Defects found or of any discrepancy in quantities. Seller reserves the right, after receipt of the consigned Components, to inform Buyer of additional Defects which may be discovered or revealed by further inspection by or through the manufacturing process that could not be discovered at Incoming Inspection by Seller.

Consigned Components. During the Term, in lieu of Supplier purchasing certain Components pursuant to Sections 2.6(a) and 2.6(b) Customer may notify Supplier in writing that Customer wishes to supply certain materials, parts and supplies directly to Supplier for incorporation into Products manufacture by Supplier (such directly supplied materials, parts and supplies, the “Consigned Components”). Customer shall be solely responsible for determining the required quantities of Consigned Components, and for all orders, payments and timing of delivery of such Consigned Components. Customer shall use commercially reasonable efforts to ensure that sufficient quantities of Consigned Components are delivered to Supplier in sufficient time to enable Supplier to meet its manufacturing and delivery obligations with respect to Products based on Purchase Orders and Binding Forecasts, provided that Supplier shall have no liability for any failure to deliver Products to Customer where such failure arises as a result of Customer’s failure to deliver Consigned Components to Supplier in a timely fashion or at all, or to provide Supplier with adequate quantities of Consigned Components. Customer assumes all liability for the quality of all Consigned Components, and Supplier shall not be responsible for any defects discovered therein, provided that Supplier shall carry out a reasonable inspection of such Consigned Components in accordance with Supplier’s standard operating procedures promptly upon delivery to Supplier. Supplier shall, within ten (10) days following receipt of any Consigned Components, notify Customer of any defects identified in such Consigned Components or any discrepancy in quantity [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. delivered. Without limiting the foregoing, Supplier shall promptly inform Customer of any additional defects in the Consigned Components discovered or revealed by further inspection by or through the manufacturing process for Products that could not have been discovered at the time of delivery of such Consigned Components. Supplier will provide Customer with a written statement of Consigned Components used by Supplier at the end of each month.

Consigned Components. Agilent reserves the right to supply through consignment, at its discretion, any Components to Flextronics related to the production of Product, however such changes are subject to cost model adjustments, including but not limited to material handling fees, which need to be mutually agreed. Agilent will retain all rights, title, interest, and obligation (including but not limited to, warranty related issues) in the Components furnished to Flextronics as consigned inventory. Agilent will retain ownership of all such Consigned Components including during the time such Components are used by Flextronics in the manufacturing of Agilent's Products. Percentage limits on the Consigned Components will be mutually agreed upon by the parties in the Addendum.