Common use of Engineering Design Changes Clause in Contracts

Engineering Design Changes. (a) Midmark reserves the right at any time to make engineering and/or design changes as to any Products and/or work covered by this Purchase Order. Any difference in price or time for performance resulting from such changes shall be equitably adjusted, and the contract shall be modified in writing accordingly. Any price adjustment shall conform to the current standard prices. (b) Supplier may make engineering and/or design changes to an item of Products or the production processes used in its manufacture, which may affect the performance, reliability, safety, serviceability, appearance, dimensions, tolerances, firmware/software, or composition of bills of materials or material sources only in accordance with this section. Supplier shall notify Midmark of any such proposed engineering and/or design change and shall supply a written description of the expected effect of the proposed engineering and/or design change on the item of Products, including its effect on price, performance, reliability, capability, and serviceability. Midmark may elect to evaluate parts and/or designs specified as part of the proposed change. Supplier shall not change or modify any item of Products without Midmark’s prior written consent. If Supplier proposes to make any engineering and/or design change in any product manufactured by Supplier that is similar to an item of Products, then Supplier shall promptly notify Midmark of each such proposed change and afford Midmark the opportunity to incorporate the engineering and/or design change into the similar item of Products in the manner provided in this section. (c) Seller shall notify Purchaser in writing prior to moving Products or Production Tools to a alternate manufacturing facility or subcontractor. First article samples, in quantities satisfactory to Purchaser, must be submitted to Purchaser for evaluation. Seller agrees not to use an alternate manufacturing facility or subcontractor in the manufacturing of the Products without Purchaser's prior written consent. Seller has the sole responsibility and liability for the performance and non-performance of subcontractor(s).