Common use of Custom design Clause in Contracts

Custom design. (a) Where Mascot or its agent design and/or undertake engineering of a “Special Order” product then: i. the work remains the property of ▇▇▇▇▇▇ who is the rightful intellectual property owner; ii. Mascot only provides the supplier/manufacturer’s warranties outlined in this Agreement in respect of the Mascot completed product (not the design and/or drawings); iii. Mascot provides no warranties in relation to engineering specifications or design; iv. any design and/or drawings produced with Mascot may not be used, or relied upon, in connection with a supply by any other party of the relevant modification or product; and v. any professional indemnity insurance in respect of engineering services in respect of the Job is taken out by the relevant third party engineer, unless the Confirmation specifies a further Mascot charge to the Buyer (which has been paid) for the right to use and/or own the design, drawings and/or work produced and that does not include engineering unless also specifically stated in the Confirmation. (b) Where Mascot or its agents manufacture a “Special Order” product to the Buyer’s design and engineering specifications, the following terms apply: i. drawings or other marked specifications must be clear, accurate and complete with respect to all dimensions, cut outs, insertions and other requirements. The Buyer bears sole responsibility for, and cost arising from, any associated ambiguity, error or omission; ii. Mascot does not provide engineering services and assumes no responsibility in respect of engineering matters or omissions. To the extent the Buyer is relying on engineering matters, the Buyer should obtain its own independent engineering approvals from an appropriately qualified engineer; iii. Mascot provides no warranties in relation to any drawings and/or engineering specifications or design; and iv. Mascot warrants that it has made the product to the final specifications and drawings approved by the Buyer but, to the extent permitted by law, provides no warranty in relation to whether the product is fit for purpose for the Job or in respect of the product’s effective life or life-cycle

Custom design. (a) Where Mascot or its agent design and/or undertake engineering of a “Special Order” product then: i. the work remains the property of ▇▇▇▇▇▇ Mascot who is the rightful intellectual property owner; ii. Mascot only provides the supplier/manufacturer’s warranties outlined in this Agreement in respect of the Mascot completed product (not the separate design and/or drawings); iii. Mascot only provides the warranties in ii. and provides no separate warranties in relation to engineering specifications or design; iv. any design and/or drawings produced with Mascot may not be used, or relied upon, in connection with a supply by any other party of the relevant modification or product; and v. any professional indemnity insurance in respect of engineering services in respect of the Job is taken out by the relevant third party engineer, unless the Confirmation specifies a further Mascot charge to the Buyer (Buyer, which has been paid) , for the right to use and/or own the design, drawings and/or work produced and that does not include produced. Such a right only extends to engineering unless if engineering services are also specifically stated in the Confirmation and either are included in the stated charge or a separate engineering charge is stated in the Confirmation. (b) Where Mascot or its agents manufacture a “Special Order” product to the Buyer’s design and engineering specifications, the following terms apply: i. drawings or other marked specifications must be clear, accurate and complete with respect to all dimensions, cut outs, insertions and other requirements. The Buyer bears sole responsibility for, and cost arising from, any associated ambiguity, error or omission; ii. Mascot does not provide engineering services and assumes no responsibility in respect of engineering matters or omissions. To the extent the Buyer is relying on engineering matters, the Buyer should obtain its own independent engineering approvals from an appropriately qualified engineer; iii. Mascot provides no warranties in relation to any drawings and/or engineering specifications or design; and iv. Mascot warrants that it has made the product to the final specifications and drawings approved by the Buyer but, to the extent permitted by law, provides no warranty in relation to whether the product is fit for purpose for the Job or in respect of the product’s effective life or life-cycle.

Custom design. (a) Where Mascot or its agent design and/or undertake engineering of a “Special Order” product then: i. the work remains the property of ▇▇▇▇▇▇ who is the rightful intellectual property owner; ii. Mascot only provides the supplier/manufacturer’s warranties outlined in this Agreement in respect of the Mascot completed product (not the separate design and/or drawings); iii. Mascot only provides the warranties in ii. and provides no separate warranties in relation to engineering specifications or design; iv. any design and/or drawings produced with Mascot may not be used, or relied upon, in connection with a supply by any other party of the relevant modification or product; and v. any professional indemnity insurance in respect of engineering services in respect of the Job is taken out by the relevant third party engineer, unless the Confirmation specifies a further Mascot charge to the Buyer (Buyer, which has been paid) , for the right to use and/or own the design, drawings and/or work produced and that does not include produced. Such a right only extends to engineering unless if engineering services are also specifically stated in the Confirmation and either are included in the stated charge or a separate engineering charge is stated in the Confirmation. (b) Where Mascot or its agents manufacture a “Special Order” product to the Buyer’s design and engineering specifications, the following terms apply: i. drawings or other marked specifications must be clear, accurate and complete with respect to all dimensions, cut outs, insertions and other requirements. The Buyer bears sole responsibility for, and cost arising from, any associated ambiguity, error or omission; ii. Mascot does not provide engineering services and assumes no responsibility in respect of engineering matters or omissions. To the extent the Buyer is relying on engineering matters, the Buyer should obtain its own independent engineering approvals from an appropriately qualified engineer; iii. Mascot provides no warranties in relation to any drawings and/or engineering specifications or design; and iv. Mascot warrants that it has made the product to the final specifications and drawings approved by the Buyer but, to the extent permitted by law, provides no warranty in relation to whether the product is fit for purpose for the Job or in respect of the product’s effective life or life-cycle.