Common use of Counterfeit Products Clause in Contracts

Counterfeit Products. In addition to all other warranties provided under this Purchase Order, Seller warrants that the Products delivered hereunder are new and not refurbished or used, are being supplied by the original equipment manufacturer (OEM) or its expressly authorized agent or distributor, and the Seller has documented traceability of the Products or components to the OEM. Buyer may return the Products at any time if they are not genuine, new and unused items or they are found to not meet all OEM specifications and requirements as well as all the requirements defined on this Purchase Order. Seller must provide the following with shipment of the items upon request of Xxxxx: (1) Certificate of Conformance (C of C), certifying the items are genuine and meet all Purchase Order and original manufacturer requirements. (2) Traceability information to original manufacturer. (3) Results from any additional inspections, tests, and examinations as required by this Purchase Order. Any Products for which the above requirements are not met shall be considered defective under this Purchase Order and may be rejected by Buyer or returned for full credit. Seller shall be liable to Buyer for any damages, costs, penalties, judgments, or fines against Buyer to the extent caused by Seller’s failure to meet all requirements of this section and, at Buyer’s election, Seller may also be required to deliver suitable replacement Products traceable to the OEM, meeting all OEM specifications. Seller shall include the substance of this clause in all of its sub-tier contracts with its suppliers/subcontractors providing components in support of this Purchase Order.

Counterfeit Products. In addition to all other warranties provided under this Purchase Order, Seller warrants that the Products delivered hereunder are new and not refurbished or used, are being supplied by the original equipment manufacturer (OEM) or its expressly authorized agent or distributor, and the Seller has documented traceability of the Products or components to the OEM. Buyer may return the Products at any time if they are not genuine, new new, and unused items items, or they are found to not meet all OEM specifications and requirements as well as all the requirements defined on this Purchase Order. Seller must provide the following with shipment of the items upon request of Xxxxx: (1) Certificate of Conformance (C of C), certifying the items are genuine and meet all Purchase Order and original manufacturer requirements. (2) Traceability information to original manufacturer. (3) Results from any additional inspections, tests, and examinations as required by this Purchase Order. Any Products for which the above requirements are not met shall be considered defective under this Purchase Order and may be rejected by Buyer or returned for full credit. Seller shall be liable to Buyer for any damages, costs, penalties, judgments, or fines against Buyer to the extent caused by Seller’s failure to meet all requirements of this section and, at Buyer’s election, Seller may also be required to deliver suitable replacement Products traceable to the OEM, meeting all OEM specifications. Seller shall include the substance of this clause in all of its sub-tier contracts with its suppliers/subcontractors providing components in support of this Purchase Order.