Tooling
10.1 All Tooling shall be and remain solely the Customer’s property and shall not be used
by the Supplier for any purpose other than the performance of its obligations under
any Contract with the Customer. The Supplier shall not dispose of the Tooling
without the Customer’s prior written permission and shall return at the Supplier’s sole
risk and cost the Tooling to the Customer as the Customer requires.
10.2 The Supplier shall:
(a) whilst not in use keep Tooling separate and readily identifiable as the
Customer’s property;
(b) at its own expense keep Tooling insured for full replacement value against all
usual risks and apply proceeds of such insurance for replacement of Tooling;
(c) store safely, treat with due care and keep in good condition (fair wear and tear
exempted) all Tooling;
(d) not charge by way of security for any indebtedness nor, without the
Customer’s prior written consent, sell dispose of or destroy Tooling; and
(e) at its own expense make good or replace all Tooling damaged or lost due to its
own negligence