COUNTERFEIT GOODS Clause Samples
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COUNTERFEIT GOODS. Seller agrees that it will not furnish to Jeppesen Goods or separately-identifiable items or components of Goods that: (i) are an unauthorized copy or substitute of an “Original Equipment Manufacturer” or “Original Component Manufacturer” (collectively, “OEM”) item; (ii) are not traceable to an OEM sufficient to ensure authenticity in OEM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OEM or are not constructed in accordance with OEM design; (iv) have been re- worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OEM design but not disclosed as such or are represented as OEM authentic or new; or (v) have not passed successfully all OEM required testing, verification, screening, and quality control processes, (collectively “Counterfeit Goods”). Notwithstanding the foregoing, Goods or items that contain modifications, repairs, re-work, or re-marking as a result of Seller’s or its subcontractor’s design authority, material review procedures, quality control processes or parts management plans, and that have not been misrepresented or mismarked without legal right to do so, will not be deemed Counterfeit Goods. Counterfeit Goods will be deemed nonconforming for this PO under which they were delivered. Seller will implement and/or maintain an appropriate strategy to ensure that Goods furnished to Jeppesen under this PO are not Counterfeit Goods. Seller’s strategy will include, but is not limited to, the direct procurement of items from OEMs or authorized suppliers, conducting approved testing or inspection to ensure the authenticity of items, and, when items are to be procured from non-authorized suppliers, obtaining from such non-authorized suppliers appropriate certificates of conformance that provide one or more of the following: (i) the OEM’s original certificate of conformance for the item; (ii) sufficient records providing unbroken supply chain traceability to the OEM; or (iii) test and inspection records demonstrating the item’s authenticity. If Seller becomes aware or suspects that it has furnished Counterfeit Goods to Jeppesen under this PO, Seller promptly, but in no case later than thirty (30) days from discovery, will notify Jeppesen in writing and replace, at Seller’s expense, such Counterfeit Goods with OEM or Jeppesen- approved Goods that conform to the requirements of this PO. Seller will be liable for all costs related to the replacement of Counterfeit ...
COUNTERFEIT GOODS. The following definitions apply to this Section:
COUNTERFEIT GOODS a. Supplier will not furnish Counterfeit Goods to Snap-on. “Counterfeit Goods” are defined as goods or separately-identifiable items or components of goods that: (i) are an unauthorized copy or substitute of an Original Equipment Manufacturer or Original Component Manufacturer (collectively, “OEM”) item; (ii) are not traceable to an OEM sufficient to ensure authenticity in OEM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OEM or are not constructed in accordance with OEM design; (iv) have been re- worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OEM design but not disclosed as such or are represented as OEM authentic or new; or (v) have not passed successfully all OEM required testing, verification, screening, and quality control processes. Notwithstanding the foregoing, goods or items that contain modifications, repairs, re-work, or re-marking as a result of Supplier’s or its subcontractor’s design authority, material review procedures, quality control processes or parts management plans, and that have not been misrepresented or mismarked without legal right to do so, will not be deemed Counterfeit Goods. Counterfeit Goods will be deemed nonconforming to this Agreement.
COUNTERFEIT GOODS all Collectible provided by the Vendor to the Purchaser, including any Collectibles that are provided to the Purchaser by the Vendor’s associates (if any), must be original and genuine. The Vendor warrants that it has received from all of its associates and/or suppliers all data necessary to comply with this obligation and the Vendor has validated all such data and documentation. The Vendor will use its best endeavour to ensure that none of the Collectible are counterfeit, inaccurately marked or in any manner misrepresented. The Vendor shall operate a counterfeit control process for all Collectible consistent with these provisions. The Purchaser shall have the right to audit, inspect and/or approve the process at any time before or after the delivery of the Collectibles.
COUNTERFEIT GOODS. Seller shall not furnish to Buyer any Goods under this Contract that are “Counterfeit Goods,” defined as Goods or separately-identifiable items or components of Goods that are: unlawful or unauthorized reproductions, substitutions, or alterations that have been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified parts, components or Goods from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used unmodified parts, components or Goods represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. Seller shall implement an appropriate strategy and plan to ensure that Goods furnished to Buyer under this Contract are not Counterfeit Goods. Seller’s strategy shall include, but is not limited to, the direct procurement of items from OEMs or authorized suppliers, conducting approved testing or inspection to ensure the authenticity of items, and, when items are to be procured from non-authorized suppliers, obtaining from such non- authorized suppliers appropriate certificates of conformance that provide one or more of the following:
i. the OEM’s original certificate of conformance for the item;
ii. sufficient records providing unbroken supply chain traceability to the OEM; or
iii. test and inspection records demonstrating the item’s authenticity. This plan shall be furnished to Buyer upon request.
COUNTERFEIT GOODS. The Supplier must implement an appropriate strategy to ensure that the Deliverables are not Counterfeit Goods. Counterfeit Goods delivered or furnished to Boeing under this Agreement are deemed non-conforming. If the Supplier becomes aware or suspects that it has furnished Counterfeit Goods to Boeing under this Agreement, the Supplier must promptly notify Boeing and replace, at the Supplier’s expense, such Counterfeit Goods with OEM or Boeing-approved Deliverables that conform to the requirements of this Agreement. The Supplier must be liable for all costs related to the replacement of Counterfeit Goods and any testing or validation necessitated by the installation of authentic Deliverables after Counterfeit Goods have been replaced. The remedies contained in this article are in addition to any remedies Boeing may have at law, equity, or under other provisions of this Agreement.
COUNTERFEIT GOODS. In addition to all other warranties provided under this Purchase Order, Seller warrants that any and all Goods delivered hereunder are new and not refurbished or used, are being supplied by the Original Manufacturer (OM) (Original Equipment Manufacturer (OEM), Original Component Manufacturer (OCM), Contract Manufacturer) or their expressly authorized dealers (Authorized Aftermarket Manufacturer, Authorized Dealer, Authorized Supplier, as defined in DFARS 252.246-7007 and 252.246-7008), agent or distributor, and that Seller has documented traceability of the Goods or components to the aforementioned sources.
COUNTERFEIT GOODS. Goods or separately-identifiable items or components of Goods, which (i) are an unauthorized copy or substitute of an Original Equipment Manufacturer or Original Component Manufacturer (OEM/OCM) item; (ii) are not traceable to an OEM/OCM sufficient to ensure authenticity in OEM/OCM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OEM/OCM or are not constructed in accordance with OEM/OCM design; (iv) have been re-worked, re-marked, relabeled, repaired, refurbished, or otherwise modified from OEM design but not disclosed as such or are represented as OEM/OCM authentic or new; or (v) have not passed successfully all OEM/OCM required testing, verification, screening, and quality control processes.
COUNTERFEIT GOODS. Supplier will not furnish Counterfeit Goods to Snap-on. “
COUNTERFEIT GOODS. The Seller must maintain a Counterfeit Electronic Parts Avoidance, Detection, Mitigation and Disposition Program in accordance with AS5553 and DFAR 252.246-7007, in order to prevent Counterfeit Parts from entering in to Palomar’s Supply Chain.