Tools

  1. Insofar as plastic parts or assemblies are to be supplied and it is necessary to produce molds or tools for them, we shall remain the owner of the molds and tools manufactured by us or any third parties commissioned by us. After the last delivery of goods, for the production of which the tools and molds were used, the tools shall be kept by us in storage for a period of two years. However, we shall not be obliged on principle to keep the tools in storage after the last delivery has been effected. The molds or tools retained by us shall exclusively be used for carrying out further orders of the contract partner. The contract partner shall be notified in writing as to the expiry of the retention period. After the expiry of the retention period, the contract partner shall be invoiced for the storage costs to the amount indicated in the written notification.
  2. In the event that it is agreed that the contract partner is to become owner of the molds or tools, the title to the molds or tools shall pass to the contract partner after payment of the price indicated in the purchase order for these molds or tools. If, after placing of the purchase order, it will be agreed that the title to the molds or tools is to pass to the contract partner, the contract partner shall acquire ownership in them upon payment of the amount fixed in the agreement subsequently made. The transfer of the molds or tools to the contract partner shall be substituted by our keeping of such for and on behalf of the contract partner as described under point 1. During this retention period we shall just have the right of possession regarding the molds and tools. We shall label the molds and tools as third party property and, upon request of the contract partner, we shall insure them at its cost.
  3. Any changes/modifications to molds and tools based on the fact that the contract partner, after placing the order, provides new information or makes requests for changes shall be subject to special remuneration by the contract partner. The amount of the remuneration shall be determined by the written agreement to be made about the change to be implemented.
  4. The tooling costs agreed upon represent only shares in the costs. They do not include intellectual work and design services rendered by us. The design of molds and tools shall be considered as the "intellectual property" of ERMET-BUCK. Hereby already, we make a copyright claim for concepts, drafts, etc. presented or made by us or any third parties commissioned by us regarding molds and tools.