Common use of BUYER-FURNISHED PROPERTY Clause in Contracts

BUYER-FURNISHED PROPERTY. Seller shall not disclose to any third party, or use, reproduce, or appropriate any material, tooling, drawing, designs, and other property or data furnished by Buyer (“Buyer-Furnished Property”), nor will Seller use the same to produce, manufacture or provide more of the Work than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Title to Buyer-Furnished Property will remain with Buyer at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer-Furnished Property unless such loss or damage is solely, directly, and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be returned to Buyer at termination or completion of this Agreement or upon Buyer’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under this Agreement that does not become Buyer-Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.

BUYER-FURNISHED PROPERTY. Seller shall will not disclose to any third other party, or use, reproduce, or appropriate appropriate, any material, tooling, dies, drawing, designs, and other property or data furnished by Buyer (“Buyer-Furnished Property”), nor will Seller use the same to produce, produce or manufacture or provide more of the Work Articles than is are required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” is basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Title to Buyer-Furnished Property will remain with Buyer at all times. Buyer has shall have no obligation to furnish any Buyer-Furnished Property, and Seller is shall be solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer-Furnished Property unless such loss or damage is solely, directly, directly and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must will be returned to Buyer at termination or completion of this Agreement or upon Buyer’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, dies, tools, equipment, special appliances, softwarecomputer programs, plans, documents, models, interfaces, data, data and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are shall be Buyer-Furnished Property and subject to the terms of this Sectionprovision. Any As to any Equipment purchased, furnished, furnished or used by Seller in its performance of its obligations under this Agreement that which does not become Buyer-Furnished Property under the terms of this Section is subject to Buyer’s Section, Buyer has the option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will shall become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed shall be limited to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.

BUYER-FURNISHED PROPERTY. Seller shall not disclose to any third party, or use, reproduce, or appropriate any material, tooling, drawing, designs, and other property or data furnished by Buyer (“Buyer-Furnished Property”), nor will Seller use the same to produce, manufacture or provide more of the ofthe Work than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Title to Buyer-Furnished Property will remain with Buyer at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer-Furnished Property unless such loss or damage is solely, directly, and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be returned to Buyer at termination or completion of this Agreement or upon Buyer’s demand, whichever occurs first, unless Buyer otherwise directs. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, and configurations (“Equipmentconfigurations(“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. .Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under this Agreement that does not become Buyer-Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.

BUYER-FURNISHED PROPERTY. Seller agrees that it will use any design, tool, patterns, drawings, information material, manufacturing aids, computer software and/or equipment furnished by Buyer only in the production of the articles called for herein; will not use any other items in lieu thereof, and will not use such items for the production or manufacture of larger quantities than those specified herein. Buyer does not warrant the accuracy of manufacturing aids, computer software, tools or fixtures which it furnishes and all work must be in strict accordance with specifications. If a defect in material is alleged by Xxxxxx and confirmed by Xxxxx, Xxxxxx's sole remedy will be to require Buyer to deliver a replacement for such defective material. Additional material supplied as a result of Xxxxxx's spoilage will be charged to Seller at Buyer's cost plus handling. Such charges may be deducted from any amounts due Seller. Title and right of immediate possession of all such items will remain as Xxxxx's except as to those identified as Xxxxx's customer in which case the title shall not disclose remain with Buyer's customer. Seller agrees to any third partymaintain inventory control for such items adequate to the Buyer and furnish written inventories of such items upon request When Buyer furnishes materials, or use, reproduce, or appropriate any materialparts, tooling, drawingmanufacturing aids, designscomputer software or other property, Seller's shipper and final invoice must contain the statement "All materials, parts, manufacturing aids, computer software, tooling or other property furnished and/or acquired under this Order (except those which become normal industrial waste or data furnished by Buyer (“Buyer-Furnished Property”), nor will Seller use the same to produce, manufacture or provide more of the Work than is required hereunder. All Buyer-Furnished Property is being provided for use on an “as-is” basis, and Buyer makes no representations or warranties with respect thereto, whether express or implied. Title to Buyer-Furnished Property will remain with Buyer were replaced at all times. Buyer has no obligation to furnish any Buyer-Furnished Property, and Seller is solely responsible for obtaining and maintaining the tools and equipment necessary for the fulfillment of its obligations hereunder, including all repair and replacement costs associated therewith. Seller will bear the risk of loss or damage to all Buyer-Furnished Property unless such loss or damage is solely, directly, and proximately caused by Buyer. All Buyer-Furnished Property, together with spoiled and surplus materials, must be Seller's expense) have been returned to Buyer at termination in the form of tooling and/or finished parts, spoiled parts, or completion unused material". The Buyer reserves the right to retain 10% of the total amount of Seller's invoices until all requirements of this Agreement or upon Buyer’s demandclause have been fulfilled. Unless otherwise specified herein, whichever occurs first, unless Buyer otherwise directsproceeds of scrap salvage shall accrue to Seller and are reflected in the prices stated herein. All designs, sketches, patterns, tools, equipment, special appliances, software, plans, documents, models, interfaces, data, Spoiled and configurations (“Equipment”) paid for directly or indirectly (including as part of the purchase price, whether or not specifically itemized) by Buyer are Buyer-Furnished Property and subject to the terms of this Section. Any Equipment purchased, furnished, or used by Seller in its performance of its obligations under this Agreement that does not become Buyer-Furnished Property under this Section is subject to Buyer’s option, at any time and from time to time, to purchase from Seller some or all of such Equipment, and upon the exercise of such option Buyer will become the owner and entitled to possession of the same. The purchase price for such Equipment may not exceed to the initial cost of such Equipment less any accumulated depreciation. Seller unused material shall not sell or otherwise dispose of any such Equipment without the prior written consent of Buyer.be returned