Common use of CUSTOM PRODUCT Clause in Contracts

CUSTOM PRODUCT. CST in its sole discretion may accept or reject a request to manufacture Custom Product. Customer’s placement of an Order for Custom Product is Customer’s agreement, representation and warranty that (i) Customer has all necessary rights and authority to disclose and provide to CST all materials, information, designs, plans and specifications for such Custom Product (“Custom Specifications”) for use in manufacture of such Custom Product for Customer, (ii) Customer hereby grants to CST any necessary rights to manufacture such Custom Product, (iii) there are no defects or hazards, latent or otherwise, with respect to the Custom Specifications, (iv) CST’s receipt and use of Custom Specifications and manufacture of such Custom Product for Customer and/or sale of such Custom Product to Customer does not infringe or misappropriate any intellectual property right of a third party, and (v) the manufacture and sale of such Custom Product complies with all applicable laws and regulations. Customer is solely responsible for all Custom Specifications. If CST makes a suggestion with respect to the Custom Specifications at Customer’s request or otherwise, Customer remains solely responsible for proper selection, application, processing and use of any CST suggestion to the Custom Specifications. CST in its sole discretion may accept or reject change requests submitted by Customer and Customer shall pay all incurred and additional costs of implementing any change requests including, without limitation, the cost of time and materials incurred prior to a change request, and the cost of fulfilling the change request.