* TOOLS AND EQUIPMENT: To the extent that Seller is a manufacturer, unless otherwise agreed in writing, all tools, dies, jigs, fixtures,
patterns or other equipment or designs used in manufacturing the articles or materials ordered hereunder shall be furnished by and at
the expense of the Seller.
A. All such property furnished to the Seller by the Buyer, or specifically paid for by the Buyer, and any replacement thereof, shall
be and remain the personal property of the Buyer. The Seller agrees to maintain such property in good condition and repair
during the entire period of possession by the Seller. Such property, and wherever practical, each individual item thereof, shall be
plainly marked or otherwise adequately identified by Seller as "Property of LTD Commodities LLC" and shall be safely stored
and kept apart from property of the Seller of others.
B. Seller shall not substitute any property for Buyer's property and shall not use said property except in filling Buyer's purchase
orders. Such property, while in Seller's custody and control, shall be held at Seller's risk, and shall be kept insured by Seller at
Seller's expense in an amount equal to the replacement with loss payable to the Buyer, and shall be subject to removal at Buyer's
written request, in which event Seller shall properly prepare such property for shipment and shall deliver same to Buyer F.O.B.
cars or trucks at Seller's plant in the same condition as originally received by Seller, reasonable wear and tear excepted.
C. The terms of this provision will only apply to such property in the Seller's possession, and not to any property in the possession
of a third party. If Seller is not a manufacturer and/or is not in possession of such tools and equipment, Seller will act as a
guarantor and be financially responsible to Buyer in assuring that the obligations described above will be undertaken by Seller's
- Fei-FeiLv 61 decade agoBest Answer