Common use of Counterfeit Electronic Parts Clause in Contracts

Counterfeit Electronic Parts. Avoidance, Detection, Mitigation, Disposition – Distributors. When requested by Buyer, Seller shall provide OCM/OEM certificates of conformance and documentation that demonstrates an unbroken chain of custody of the affected items from the applicable OCM/OEM to Seller, including without limitation the name and location of any supply chain intermediaries from the OCM/OEM to the source supplying directly to Seller. Upon reasonable notice, Buyer may audit or inspect Seller’s records or internal processes to determine compliance with this clause or DFARS 252.246-7007 and DFARS 252.246-7008, if applicable. In the event that Work delivered under these Terms of Purchase constitutes or includes Counterfeit Work, Seller shall, at its expense, promptly replace such Counterfeit Work with genuine Work conforming to the requirements of this Contract. Notwithstanding any other provision in this Contract, Seller shall be liable for all of Buyer’s internal and external costs relating to the removal and replacement of Counterfeit Work, including without limitation Buyer 's costs of removing Counterfeit Work, of installing replacement Work and of any testing necessitated by the reinstallation of Work after Counterfeit Work has been exchanged. The remedies contained in this paragraph are in addition to any remedies Buyer may have at law, equity or under other provisions of these Terms of Purchase.