Special Tooling. To the extent that Seller, including any subcontractor thereof, uses special tooling, either furnished to or acquired by Seller under this Contract, in the performance of this Contract, Seller shall manage such tooling in accordance with clause E223, which is incorporated by reference into this Contract.
Special Tooling. If special tooling used in the performance of this purchase order has been charged to this order, or to this order and other orders placed by the Buyer, title to such special tooling shall vest in the Buyer, at the option of the Buyer. Such tooling is to be used only in the performance of such Purchase Orders unless otherwise approved by Buyer. The Seller agrees that it will follow normal industrial practice in the identification and maintenance of property control records on all such tooling, and will make such records available for inspection by the Buyer at all reasonable times. After the termination or completion of such Order(s) and upon the request of the Buyer, the Seller shall furnish a list of such tooling in the form requested and shall make such tooling available for disposition by the Buyer.
Special Tooling. Special Tooling" shall mean all special tools, tooling, tooling aids, jigs, dies, special dies, molds, fixtures, drawings, designs, patterns and similar items acquired or utilized by Seller to produce any materials for Buyer. All Special Tooling and any other property that is paid for by Buyer or its customer and/or furnished to Seller by Buyer or its customer and/or made available to Seller by Buyer or its customer ("Buyer Provided Special Tooling") is and shall remain the property of Buyer or its customer. Buyer shall also have the right (at its option) to purchase at cost at any time all Special Tooling that does not qualify as Buyer Provided Special Tooling ("Other Special Tooling"), and upon Buyer electing or agreeing to purchase any Other Special Tooling, such Other Special Tooling shall become Buyer Provided Special Tooling. Buyer may condition its purchase of Other Special Tooling upon Buyer accepting, as conforming to requirements hereunder, the first run of parts made by the use thereof and until Seller has furnished to Buyer an itemized list of such Other Special Tooling and such records as may be necessary to enable Buyer to audit the cost thereof. Seller shall (i) be responsible for all losses or damages to Special Tooling while in its possession, and insure all Special Tooling against loss or destruction, in an amount equal to the full replacement cost thereof, at all times while in Seller's possession; (ii) mark and number all Special Tooling to correspond to the number of the part made by use thereof; (iii) keep all Special Tooling in good working order, and to the extent necessary repair and/or replace such Special Tooling; (iv) not modify any Special Tooling in any way without Buyer prior written consent;
Special Tooling. If the Agreement includes special tooling, payment of Seller’s invoices for said special tooling is contingent upon Buyer’s inspection, testing and acceptance the first piece produced by the special tooling.
Special Tooling. Special Tooling" means all special dies, jigs, fixtures, drawings, molds, patterns, templates and gages acquired or manufactured by Seller under this Order for use in manufacturing or assembling Goods which are proprietary to Buyer, excluding any standard or perishable tooling or gages. Special tooling separately itemized in this Order will be Buyer's property upon Buyer's full payment of the purchase price for same; provided, however, that Buyer will have no payment obligation until it has accepted such tooling or the first run of Goods manufactured or assembled therewith. Seller will furnish Buyer with an itemized list of such tooling and will maintain adequate cost records for the same, which records will be available for review or audit ----------- * This portion of the agreement has been omitted and filed with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of Regulation C. by Buyer. If Seller fails to maintain such cost records, Buyer will be obligated to pay Seller solely the fair market value of the special tooling, regardless of the purchase price stated herein. Seller will be responsible for all loss or damage to such tooling and for all taxes, assessments, and similar charges levied with respect to or upon such tooling while in Seller's possession. Seller will xxxx and number such tooling with Buyer's name and the number of the part made therewith to permit accurate identification of same at all times and will segregate the same from other tooling in its possession to the extent feasible. Seller will repair, maintain and keep such tooling in good working condition and replace the same at its own expense as necessary. Seller will use such tooling exclusively for the production of Goods for Buyer and for no other use. Upon completion, cancellation, or termination of this Order, Seller will hold such tooling and any operation sheets or process data necessary to show the use thereof, at no charge, pending Buyer's instructions with respect to removal or disposition at Buyer's expense.
Special Tooling. Any and all jigs, dies, fixtures, molds, patterns, special gauges, special tapes, special test equipment, manufacturing aids, or other special equipment, or any replacements thereof, or any materials affixed or attached thereto (thereinafter called special tooling) at any time furnished to Seller or paid for by Purchaser or the cost of which or any charge or allowance to cover any depreciation and/or amortization thereof that is include din providing the price specified in this order, or paid for separately by Purchaser, of which is based upon any design or process confidential or proprietary to Purchaser, shall be and remain the sole property of Purchaser. Each item of special tooling shall be plainly marked or adequately identified by Seller as “Property of Sarica Manufacturing” and shall be safely stored apart from Seller’s property. Special tooling while in Seller’s custody, possession or control shall be kept in good condition and shall be replaced by Seller and Seller shall bear all risk of loss thereof and damage thereto, normal wear and tear excepted. Purchaser shall be entitled to sole and exclusive possession of any and all special tooling upon demand. IF and when Purchaser requests possession, Seller shall prepare such special tooling for shipment and shall deliver same to Purchaser at Purchaser’s expense, Seller shall not directly or indirectly use any special tooling paid for by Purchaser to or for the benefit of a third party whatever, nor will Seller ever permit the use of any such toolings so that it any way accrues to the benefit of any competitor or Purchaser or to the detriment of Purchaser in any way. Xxxxxx agrees not to mortgage, pledge, sell lease or otherwise encumber, dispose of or subject to lien or security interest any special tooling that is the subject of or covered by this order.
Special Tooling. Special Tooling includes but is not limited to tooling, jigs, fixtures and associated manufacturing equipment acquired or necessary to manufacture Products. A tooling charge may be imposed for any Special Tooling. Such Special Tooling shall be and remain Seller's property notwithstanding payment of any charges by Xxxxx. In no event will Buyer acquire any interest in Special Tooling belonging to Seller that is utilized in the manufacture of the Products, even if such Special Tooling has been specially converted or adapted for such manufacture and notwithstanding any charges paid by Buyer. Unless otherwise agreed, Seller has the right to alter, discard or otherwise dispose of any Special Tooling or other property in its sole discretion at any time.
Special Tooling. Seller at its own expense shall furnish, keep in good condition, and replace when necessary, all dies, tools, gauges, fixtures and patterns necessary for the production of any products ordered hereunder. Buyer may, at its option take possession of, and title to, any dies, tools, gauges, fixtures and patterns that are special to the production of products ordered hereunder, and shall pay to Seller the unamortized cost thereof; provided, however, that this option to purchase shall not apply where Seller is producing with the tooling a substantial quality of like products for sale to others.
Special Tooling. All special tooling required to produce the goods shall remain the property of the SELLER unless specific arrangements are otherwise made. In any case, SELLER'S responsibility is limited to proper design, proper handling in manufacture and storage, and adequate insurance. The BUYER is responsible for costs resulting from: (1) requested alterations, (2) major repairs or replacement caused by normal wear, (3) additional costs incurred when new factors are introduced such as shorter lead time and/or increased rate of delivery. The term "Special Tooling" shall include such items as molds, dies, forms, jigs, mandrels, fixtures, and other special equipment, except machinery that is required to produce the goods.
Special Tooling. Any tooling charge listed separately represents the total cost of special tooling required to produce the Goods ordered. Special tooling shall be and remain the property of Seller, but for a reasonable period shall be maintained in good condition for use without additional charge in connection with subsequent orders by Buyer to Seller for similar goods.
