Production Tooling Clause Samples
The Production Tooling clause defines the terms and responsibilities related to the tools, dies, molds, or equipment used to manufacture goods under a contract. It typically specifies who owns the tooling, who is responsible for its maintenance, and how costs are allocated between the parties. For example, the clause may state that the buyer owns the tooling but the supplier must store and maintain it, or that the supplier retains ownership but must make the tooling available for inspection. The core function of this clause is to clarify ownership, usage rights, and cost responsibilities for production tools, thereby preventing disputes and ensuring smooth manufacturing operations.
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Production Tooling. Any production tooling (e.g., stencils, In Circuit Test fixtures, Functional Test Fixtures, solder pallets, etc.) defined as NRE shall be the sole and exclusive property of XSI and Supplier shall be responsible for repairing and/or maintaining the condition of such tooling. XSI will be responsible to upgrade or replace such tooling only in the event that a XSI-identified re-design of a product dictates a change to such tooling.
Production Tooling. Production tooling for commercial manufacture has not been determined at this point.
Production Tooling. INFOCUS may request to return, or transfer to a third party the foregoing Production Tooling and items at INFOCUS’ expense. In the event that such return or transfer is not requested by INFOCUS as a result of FUNAI’s breach of this Agreement, and such return or transfer prevents FUNAI from delivering Products ordered by INFOCUS under this Agreement, then INFOCUS shall compensate FUNAI as provided in Sections 12.8 and 12.9 hereof. FUNAI shall not lease, sell or transfer Production Tooling to a third party without a written consent of INFOCUS. *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Production Tooling. All machinery and tools, including jigs, dies, fixtures, plastic injection mold bodies, mold cores and mold inserts, patterns, special gauges, special test equipment and other items, drawings and any other equipment or materials necessary and required to establish manufacturing of the Device Proprietary Components in accordance with the Specification and in quantities above the Part Tooling Capacity (collectively, “Production Tooling”) will be sourced and furnished by Aerogen for and at the expense of Dance and charged to Dance at pass through cost plus [*] handling and administration charge. Production Tooling will be described in detail in Part C of Appendix 3 to this Addendum, which description may be partial and incomplete as at the Effective Date and which may be amended and updated from time to time in writing by mutual agreement of the Parties. All Production Tooling will be the sole property of Dance, and all parts made from Dance’s Production Tooling are to be supplied exclusively to Dance. Production Tooling will be housed within Aerogen’s contracted manufacturing facility, shall be stamped, painted or legibly marked “Property of Dance Biopharm Inc.”, shall be labeled with Dance’s capital expense ID# for accounting purposes, and shall be stored separately when not in use. Aerogen will be responsible for the protection, calibration, maintenance and care of the Production Tooling, which shall be kept in good condition (normal wear and tear excepted). Production Tooling will be subject to normal wear and tear in proportion to Dance’s manufacturing volume requirements as specified from time to time, and when necessary will be replaced by Aerogen at Dance’s expense at pass through cost plus [*] handling and administration charge. Production Tooling for use in the performance of this Addendum shall be and remain the sole exclusive property of Dance and shall not be used for or furnished to any third party without Dance’s prior written consent. Production Tooling shall be subject to inspection by Dance upon reasonable notice and shall be surrendered to Dance in an acceptable condition (normal wear and tear excepted) upon reasonable demand or notice. All information with respect to Production Tooling shall be confidential and proprietary information of Dance. Any drawings and specifications prepared by Aerogen and/or Aerogen subcontractors in connection with the design, sourcing and supply of Production Tooling shall be the property of Dance and shall be...
