TOOLS AND DRAWINGS Clause Samples
TOOLS AND DRAWINGS. 12.1. Tools, samples, models, measurements, etc., which were ordered from the Supplier or third parties for the Contracting Entity, or rather which the Contracting Entity produced in order to give or make available to the Supplier, are owned in full by the Contracting Entity. Care for maintenance and renewal is assumed by the Supplier, who is responsible for the placing of orders for component parts. Every new tool, which is provided by the Contracting Entity to the Supplier for exploitation, is subject to a separate agreement. The Supplier is obliged to provide the Contracting Entity with a monthly updated time schedule of production (and delivery) of tools. The Supplier must manage an up-to-date record of tool maintenance and repair.
12.2. The Supplier is not allowed to produce any parts on account of third parties on the basis of drawings, tools or models owned by the Contracting Entity without prior written approval by the Contracting Entity. On the contrary, the Contracting Entity will consider this as an act of unfair competition, which is subject to compensation payment from the Supplier. Tools may not be altered of destroyed without prior written consensus from the Contracting Entity.
12.3. The Supplier assumes all liability and costs arising in case of damage, destruction or theft of tools from item 12.1.
TOOLS AND DRAWINGS. All materials, including but not limited to dies, gauges, molds, tools, fixtures, patterns or other items furnished by the buyer shall be fully covered by buyer with fire and extended coverage insurance and seller shall not be liable for damages to or loss of such materials resulting from risks covered by such insurance unless specifically requested by buyer and made a part of the order at buyer’s expense. Buyer on behalf of itself and its insurers hereby releases seller from all liability arising in connection with any loss of or damage to such materials arising out of seller’s negligence or otherwise. All specifications, drawings, design, data, information, ideas, methods, patterns, and/or inventions, made conceived, developed, or acquired by seller, incident to procuring and/or carrying out this contract will vest in and inure to seller’s sole benefit. Seller agrees not to disclose, give, loan, exhibit or sell to any other person any confidential manual, drawing, photograph, or specification or reproduction thereof furnished by seller except in connection with the resale of the product covered by or furnished under this contract.
TOOLS AND DRAWINGS. All materials, including but not limited to dies, gauges, molds, tools, fixtures, patterns or other items furnished by the buyer shall be fully covered by buyer with fire and extended coverage insurance and seller shall not be liable for damages to or loss of such materials resulting from risks covered by such insurance unless specifically requested by buyer and made a part of the order at buyer’s expense. Buyer on behalf of itself and its insurers hereby releases seller from all liability arising in connection with any loss of or damage to such materials arising out of seller’s negligence or otherwise. Dies inactive for a period of three years may at option of seller be scrapped upon notification of intent to buyer and upon failure to receive advice to the contrary within 90 days. Any resulting scrap value of dies shall belong to seller as payment in full for storage and maintenance costs. All specifications, drawings, design, data, information, ideas, methods, patterns, and/or inventions, made conceived, developed, or acquired by seller, incident to procuring and/or carrying out this contract will vest in and inure to seller’s sole benefit. ▇▇▇▇▇ agrees not to disclose, give, loan, exhibit or sell to any other person any confidential manual, drawing, photograph, or specification or reproduction thereof furnished by seller except in connection with the resale of the product covered by or furnished under this contract. Special dies paid for by the buyer will be limited in use to buyer’s requirements excepting by permission. ▇▇▇▇▇▇ agrees to keep dies in normal and reasonable state of good preservation as long as they remain in seller’s control, but ▇▇▇▇▇▇ accepts no responsibility for the operation of these dies when used in any other plant than seller’s or after they have been once removed. Cost of adaptation, modification or excessive maintenance of tooling furnished by buyer will be charged for.
TOOLS AND DRAWINGS. 11.1. Tools and drawings, which are made by us in connec- tion with an order, shall be our property. Tools and drawings are normally not delivered for use by the customer or others.
11.2. Any stated tool life is not guaranteed. For major repairs we normally have the right to charge the customer separately. Unless otherwise agreed, the customer also covers the costs of new tools when old ones are worn out. Any major repair or new tool production is not commenced, however, without the cus- tomer’s approval.
11.3. We are normally not obliged to keep tools and drawings for more than three years from the last delivery date.
TOOLS AND DRAWINGS. 9.1 All tools, equipment, patterns, drawings, specifications and documentation supplied by the Buyer to the Vendor shall remain the property of the Buyer together with all intellectual property rights of whatever nature therein and all such items shall be used solely for the purpose of the Agreement and returned to the Buyer forthwith on request or upon completion of the Agreement whichever is earlier. In the event that the Vendor fails so to return such tools, equipment, patterns, drawings, specifications and documentation the Buyer is hereby irrevocably authorised without any requirement as to notice to enter upon the premises of the Vendor for the purpose only of recovering the said tools, equipment, patterns, drawings, specifications and descriptive matter.
9.2 Risk in such tools, equipment, patterns, drawings, specifications and documentation shall pass to the Vendor upon delivery of the same to the Vendor or collection by the Vendor and shall remain with the Vendor until the same are returned to the Buyer’s premises or collected by the Buyer as the case may be. The Vendor shall indemnify the Buyer in full against any and all loss and/or damage of such tools, equipment, patterns, drawings, specifications and documentation and shall insure the same whilst at its risk.