COUNTERFEIT PARTS PREVENTION Sample Clauses

COUNTERFEIT PARTS PREVENTION a. Seller shall not furnish Counterfeit Parts, which are defined as unauthorized copies, imitation, substitute, or modified parts (e.g., materials, parts, components, subassemblies) which are misrepresented as specified genuine parts of an original or authorized manufacturer. Counterfeit Parts can include the false identification of grade, serial number, lot number, date code, documentation, performance characteristics, or the representation of used parts as new. Counterfeit and Suspect Counterfeit Parts shall be deemed nonconforming to this Contract. A Suspect Counterfeit Part is a part for which there is objective and credible evidence indicating that it is likely counterfeit.
AutoNDA by SimpleDocs
COUNTERFEIT PARTS PREVENTION a) Definitions for purposes of this Contract:
COUNTERFEIT PARTS PREVENTION a. Seller shall not furnish Counterfeit Parts to Buyer. For the purposes of this Contract, Counterfeit Parts are defined as unauthorized copies, imitation, substitute or modified parts (e.g. materials, parts, components, subassemblies) which are misrepresented as a specified genuine part(s) of an original or authorized manufacturer. Counterfeit Parts can include, but are not limited to, the false identification of marking or labeling, grade, serial number, lot number, date code, documentation or performance characteristics, including used parts represented as new. Counterfeit and Suspect Counterfeit Parts shall be deemed nonconforming to this Contract. A Suspect Counterfeit Part is a part for which there is objective and credible evidence indicating that it is likely counterfeit.
COUNTERFEIT PARTS PREVENTION. With regard to any electronic parts procured by or on behalf of Seller for the Goods, Seller shall meet the following additional requirements: (i). Seller shall implement a counterfeit electronic parts detection and avoidance system consistent with the requirements of the latest dated version of SAE standard AS5553, as of the effective date of this contract. (ii). Seller shall include the substance of this article, including this flowdown requirement, in all subcontracts awarded by Seller for work under this Contract. 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: (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, rework, 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, shall not be deemed Counterfeit Goods. Counterfeit Goods shall be deemed nonconforming to this Contract. Seller shall implement an appropriate strategy 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 rec...
COUNTERFEIT PARTS PREVENTION. (Applicable if the Work Includes the Delivery of Goods)
COUNTERFEIT PARTS PREVENTION. (i) For purposes of this Contract, Counterfeit Part means a product produced or altered to resemble a product without authority or right to do so, with the intent to mislead or defraud by presenting the imitation as the original or genuine or a new item. Such parts 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. A part is a suspect Counterfeit Part if visual inspection, testing, or other information provides reason to believe that the part may be a Counterfeit Part.
COUNTERFEIT PARTS PREVENTION. (a) Definitions for purpose of this P.O.:
AutoNDA by SimpleDocs
COUNTERFEIT PARTS PREVENTION. 1. Definitions for purposes of this Clause: a. Counterfeit Parts shall mean a part, component, module, or assembly whose origin, material, source of manufacture, performance, or characteristics are misrepresented. This term includes but is not limited to (A) parts that have been (re)marked to disguise them or falsely represent the identity of the manufacturer, (B) defective parts and/or surplus material scrapped by the original manufacturer, and (C) previously used parts pulled or reclaimed and provided as new. b. As used herein, authentic shall mean (A) genuine; (B) from the legitimate source claimed or implied by the marking and design of the product offered; and (C) manufactured by, or at the behest and to the standards of, the manufacturer that has lawfully applied its name and trademark for that model/version of the material. c. Franchised or Authorized Distributor shall mean a person, business, or firm that is authorized and/or franchised by an Original Component Manufacturer (OCM) to sell or distribute the OCM’s products. d. Independent Distributor shall mean a person, business, or firm that is neither authorized nor franchised by an OCM to sell or distribute the OCM’s products, but which purports to sell, broker, and/or distribute such OCM’s products. Independent Distributors are also referred to as un-franchised distributors, unauthorized distributors, and/or brokers.
COUNTERFEIT PARTS PREVENTION. Safran is committed to prevent use of counterfeit parts to guarantee conformity of its products. For that purpose, Safran maintains a counterfeit risk mitigation process that follows SAE AS5553 guidelines. For non-OEM electrical components obtained from sources other than authorized distributors, Safran verifies their authenticity through validation tests and inspections in accordance with the latest revision of AS6171.
COUNTERFEIT PARTS PREVENTION. A. For purposes of this clause, Work consists of those parts delivered under this Contract that are the lowest level of
Time is Money Join Law Insider Premium to draft better contracts faster.