COUNTERFEIT PARTS Sample Clauses

COUNTERFEIT PARTS. Seller warrants that it has policies and procedures in place (or similar measures in the absence of such policies and procedures) to ensure that none of the supplies or materials furnished under this Order are “suspect or counterfeit parts” and certifies to the best of its knowledge and belief that no such parts shall be furnished to Buyer. For the purposes of this Order, “suspect or counterfeit parts” refers to any parts, including those of new manufacture, that are misleadingly labeled to provide the impression that they are of a different class or quality or from a different source than is actually the case, or that represent gray market parts. Suspect or counterfeit parts also refer to refurbished parts, complete with false labeling, that are represented as new parts. Any parts that are designated as suspect by the US Government, such as parts listed in alerts published by the Defense Contract Management Agency under the Government-Industry Data Exchange Program (GIDEP) are also considered suspect or counterfeit parts. If Buyer reasonably determines that Seller has supplied suspect or counterfeit parts, Buyer shall notify Seller and Seller shall immediately replace the suspect or counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs, fees, and penalties incurred by Buyer associated in any way with the removal and replacement of the suspect or counterfeit parts, including without limitation Buyer’s external and internal costs of removing such suspect or counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after suspect or counterfeit parts have been exchanged. The warranties provided by Seller under this paragraph shall survive any termination or expiration of this Order.
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COUNTERFEIT PARTS. For the purposes of this clause, (i) the meaning of “Counterfeit Electronic Part” and “Electronic Part” are as defined in the Defense Acquisition Regulation Supplement clause 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016); and (ii) “Work” means parts delivered under this Purchase Order that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). Seller warrants that the Work delivered under this Purchase Order shall not be or contain Counterfeit Electronic Parts. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the Work delivered hereunder back to the relevant original manufacturer, and, on request of Buyer, shall provide such authenticating documentation. Buyer shall have the right to audit, inspect, and/or approve Seller’s counterfeit parts processes and supporting documentation at any time before or after delivery of the Work ordered hereunder. Should Seller become aware of a confirmed or suspect Counterfeit Electronic Part that, by any means, has been delivered to Buyer, or acquired for this Purchase Order whether or not delivered to Buyer, Seller shall provide notification to Buyer’s Procurement Officer as soon as possible but not later than 7 days of discovery. This requirement will survive this Purchase Order. Seller shall quarantine suspect Counterfeit Electronic Parts and make them available for investigation by appropriate government authorities. In the event that Work delivered under this Purchase Order constitutes or includes Counterfeit Electronic Parts, Seller shall, at its expense, promptly replace such unauthorized Work with Work from authorized sources conforming to the requirements of this Purchase Order. Notwithstanding any other provision in this Purchase Order, Seller shall be liable for all costs relating to the inclusion, removal, and replacement of the Counterfeit Electronic Parts, including without limitation Buyer’s costs of removing the Counterfeit Electronic Parts, of reinserting replacement components, and of any testing necessitated by the reinstallation of components after the Counterfeit Electronic Parts have been exchanged. The remedies in this paragraph are in addition to any remedies Buyer may have at law, equity, or under other provisions of this Purchase Order. Seller shall flow the substance of this clause, including this sentence, in all lower-tier subcontracts or purc...
COUNTERFEIT PARTS. The Seller shall implement Counterfeit Parts Detection and Avoidance Systems (Reference DFAR 252.246-7007 for definitions). The Seller shall only deliver new and authentic product to the Buyer. The Seller shall maintain electronic part traceability tracking of the supply chain back to the original manufacturer, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies (Reference 252.246-7007). Seller shall utilize only the original manufacturer or have the express written authority of the original manufacturer or current design activity. Use of any other sources must be approved in advance and in writing by the Buyer. Counterfeit and suspect counterfeit parts shall not be returned to the Seller or otherwise returned to the Supply chain until such time that the parts are determined to be authentic. When the Buyer becomes aware of (or has reason to suspect that) any electronic part, or end item, component, part, or assembly containing electronic parts has been delivered to the Buyer, they will confiscate and quarantine them, and will report them to the SSAI Customer and/or Government Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP). The Seller shall promptly replace such Counterfeit Parts/assembly with parts acceptable to the Buyer, and the Seller shall be liable for all costs relating to the removal and replacement of said parts. The Buyer reserves all contractual rights and remedies to address grievances and detrimental impacts caused by Counterfeit/Substandard parts. The Seller shall flow down the substance of this clause to all its subcontractors.
COUNTERFEIT PARTS. All suppliers shall purchase parts, materials, chemicals, and assemblies directly from authorized sources (reference sub-paragraphs 1 and 2 for further requirement resolution). Only new and authentic materials are to be supplied or used in products delivered to Buyer. No counterfeit or suspect counterfeit parts are to be delivered or contained within delivered product.
COUNTERFEIT PARTS. If suspect/counterfeit parts are furnished under this purchase order and are found in any of the goods delivered hereunder, such items will be impounded by the Buyer. The seller shall promptly replace such suspect/counterfeit parts with parts that are acceptable to the Buyer. The Seller shall be liable for all costs relating to the removal and replacement of said parts. Buyer reserves all contractual rights and remedies to address grievances and detrimental impacts cause by suspect/counterfeit parts.
COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the Goods furnished under this Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such “suspect/counterfeit parts” have been or are being furnished to Buyer by Seller. “Suspect/counterfeit parts” are parts that may be of new manufacture, but are misleadingly labeled to provide the impression they are of a different class or quality or from a different source than is actually the case. They also include refurbished parts, complete with false labeling, that are represented as new parts or any parts that are designated as suspect by the U.S. Government, such as parts listed in alerts published by the Defense Contract Management Agency under the Government-Industry Data Exchange Program (GIDEP).
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COUNTERFEIT PARTS. (REF: SP-QA-04) Vendor must meet the intent of SAE Standard AS5553 (par. E.1.1) and AS6174 to ensure that counterfeit parts are not received into inventory, used in manufacturing, or inadvertently sold to AGP. Certifications must be from the original manufacturer. In the event that the supplier suspects parts to be counterfeit they are to report it to AGP Quality Management. Confirmed counterfeit parts are to be reported in accordance with AS5553 appendix G. Q.12) Customer Requirement Flow-down: Any/all subcontracting shall be approved by AGP and defined on the purchase order. If subcontracting is approved by AGP, the supplier shall flow-down all requirements on the AGP purchase order, including this Terms & Conditions Document Number RC-PR-02, and the Customer specific requirements. Only customer approved sources shall be used for subcontracting.
COUNTERFEIT PARTS. (a) For purposes of this Clause, the term “Parts” consists of those parts delivered under this PO that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). The term "Counterfeit Part" means a Part that fulfills any or all of the following:
COUNTERFEIT PARTS. 10.1 Supplier shall have in place, work according to and maintain a written policy and procedure for how to handle and avoid Counterfeit Components in the Products. 10.2 Promptly upon Supplier´s discovering that Supplier has delivered to the Concentric Affiliate a Product that contains a Counterfeit Component, Supplier will notify the Concentric Affiliate hereof in writing and at its sole cost and expense, replace such impacted Product with a Product that meets the Specifications. 10.3 Supplier shall purchase Components from the original component manufacturer of any Components (“OCM”) or a distributor authorized by the OCM to sell such Component. If Supplier chooses to purchase a Component from a source that is not the OCM or not an authorized distributor of the OCM’s parts, then Supplier shall inform the Concentric Affiliate and obtain the Concentric Affiliate’s approval to make such purchase.
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