Common use of Availability of Parts Clause in Contracts

Availability of Parts. For a period of ten (10) years from the date the Products are delivered to Buyer, Seller shall make available to Buyer repair parts for all such Products. For the first five (5) years, prices for repair parts shall remain at current prices at time of execution of this Purchase Order; thereafter, prices shall be mutually agreed upon by the parties. Seller shall give one (1) year prior written notice to Buyer in the event Seller will be unable to supply such parts and will use its best efforts to assist Buyer in obtaining a reasonable alternative source of supply in accordance with this Purchase Order; provided, however, Seller's inability to provide such parts shall be a default of this Purchase Order. Without waiving any of its rights or remedies under this Purchase Order or by law Buyer may, at its sole option, require Seller to provide Buyer with drawings required to either manufacture or buy such parts and technical information or any other intellectual property or license or other rights Seller may have so that Buyer can manufacture or obtain such parts from other sources. The technical information shall include, by example and not by way of limitation: (a) manufacturing drawings and specification of raw materials and components comprising such parts; (b) manufacturing drawings and specifications covering special tooling and the operation thereof; (c) a detailed list of all commercially available parts and components purchased by Seller on the open market disclosing the part number, name and location of the supplier and price lists, for the purchase thereof; (d) in-depth test specifications and procedures describing the methods of testing and repairing the material, and instruction consisting of know-how and show how necessary to fully use (a) through (d).

Appears in 1 contract

Sources: Purchase Order

Availability of Parts. For a period of ten (10) years from the date the Products are delivered to Buyer, Seller shall make available to Buyer repair parts for all such Products. For the first five (5) years, prices for repair parts shall remain at current prices at time of execution of this Purchase OrderAgreement; thereafter, prices shall be mutually agreed upon by the parties. Seller shall give one (1) year prior written notice to Buyer in the event Seller will be unable to supply such parts and will use its best efforts to assist Buyer in obtaining a reasonable alternative source of supply in accordance with this Purchase OrderAgreement; provided, however, Seller's ’s inability to provide such parts shall be a default of this Purchase OrderAgreement. Without waiving any of its rights or remedies under this Purchase Order Agreement or by law Buyer may, at its sole option, require Seller to provide Buyer with drawings required to either manufacture or buy such parts and technical information or any other intellectual property or license or other rights Seller may have so that Buyer can manufacture or obtain such parts from other sources. The technical information shall include, by example and not by way of limitation: (a) manufacturing drawings and specification of raw materials and components comprising such parts; (b) manufacturing drawings and specifications covering special tooling and the operation thereof; (c) a detailed list of all commercially available parts and components purchased by Seller on the open market disclosing the part number, name and location of the supplier and price lists, for the purchase thereof; (d) in-depth test specifications and procedures describing the methods of testing and repairing the material, and (e) instruction consisting of know-know how and show how necessary to fully use (a) through (d).

Appears in 1 contract

Sources: Vendor Agreement