Common use of COUNTERFEIT WORK Clause in Contracts

COUNTERFEIT WORK. For purposes of this clause, Work consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). "Counterfeit Work" means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair, but is altered and misrepresented as acceptable. Seller agrees and shall ensure that (a) Counterfeit Work is not delivered to Buyer, (b) Seller shall only purchase products to be delivered or incorporated as Work to Buyer directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain; unless authorized by Buyer, (c) Seller shall immediately notify Buyer with the pertinent facts if Seller becomes aware or suspects that it has furnished Counterfeit Work, (d) If requested by Buyer, Seller shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM. In the event that Work delivered under this Contract 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 costs relating to the removal and replacement of Counterfeit Work, including without limitation Buyer's costs of removing Counterfeit Work, of reinserting 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 this Contract.

COUNTERFEIT WORK. For purposes of The Seller shall not deliver counterfeit work, under this clause, Work consists of those parts purchase order. In the event that work delivered under this Contract that are purchase order constitutes or includes counterfeit work, the lowest level Seller shall, at its expense, promptly replace such counterfeit work with genuine work conforming to the requirements of separately identifiable items (e.g., articles, components, goods, and assemblies). "Counterfeit Work" means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair, but is altered and misrepresented as acceptablethis purchase order. Seller agrees and shall ensure that (a) not furnish Counterfeit Work is not delivered Goods to Buyer, defined as Goods or separately-identifiable items or components of Goods that: (bi) Seller shall only purchase products to be delivered are an unauthorized copy or incorporated as Work to Buyer directly from the substitute of an Original Equipment Manufacturer or Original Component Manufacturer (OCM)/Original Equipment Manufacturer collectively, “OEM”) item; (OEM)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, relabeled, repaired, refurbished, or through an OCM/otherwise modified from OEM authorized distributor chaindesign but not disclosed as such or are represented as OEM authentic or new; unless authorized by Buyeror (v) have not passed successfully all OEM required testing, (c) 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 immediately notify implement an appropriate strategy to ensure that Goods furnished to Buyer with under this Contract are not Counterfeit Goods. Seller’s strategy shall include, but is not limited to, the pertinent facts if 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 Work, (d) If requested by BuyerGoods to Buyer under this Contract, Seller promptly, but in no case later than thirty (30) days from discovery, shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM. In the event that Work delivered under this Contract constitutes or includes Counterfeit Work, Seller shallnotify Buyer and replace, at its Seller’s expense, promptly replace such Counterfeit Work Goods with genuine Work conforming OEM or Buyer-approved Goods that conform to the requirements of this Contract. Notwithstanding any other provision in this Contract, Seller shall be liable for all costs relating related to the removal and replacement of Counterfeit Work, including without limitation Buyer's costs of removing Counterfeit Work, of reinserting replacement Work Goods and of any testing or validation necessitated by the reinstallation installation of Work authentic Goods after Counterfeit Work has Goods have been exchangedreplaced. The remedies contained in this paragraph are in addition to any remedies Buyer may have at law, equity Seller bears responsibility for procuring authentic Goods or under other provisions items from its subcontractors and shall ensure that all such subcontractors comply with the requirements of this ContractArticle.

COUNTERFEIT WORK. For purposes of The following definitions apply to this clause, Work consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). : "Counterfeit Work" means Work that is or contains items unlawful or unauthorized reproductions, substitutions, or alterations that have been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified part 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 Work represented as having been designed and/or produced under an approved system new, or other acceptable methodthe false identification of grade, serial number, lot number, date code, or performance characteristics. The term also includes approved "Suspect Counterfeit Work" means Work that has reached a design life limit or has been damaged beyond possible repairfor which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the Work part is altered and misrepresented as acceptableauthentic. Seller agrees and SELLER shall ensure that (a) not deliver Counterfeit Work is not delivered or Suspect Counterfeit work to Buyer, (b) Seller West Xxxx Engineering & Tool under this PO. SELLER shall only purchase products to be delivered or incorporated as Work work to Buyer West Xxxx Engineering directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain; unless authorized by Buyer. SELLER may use another source only if: (i) the foregoing sources are unavailable, (ii) SELLER’s inspection and other counterfeit risk mitigation processes will be employed to ensure the authenticity of the Work, and (ciii) Seller SELLER obtains the advance written approval of WEST XXXX ENGINEERING. SELLER shall maintain counterfeit risk mitigation processes in accordance with industry recognized standards and with any other specific requirements identified in this Contract. SELLER shall immediately notify Buyer WEST XXXX ENGINEERING with the pertinent facts if Seller SELLER becomes aware or suspects that it has furnished delivered Counterfeit Work or Suspect Counterfeit Work, (d) If . When requested by BuyerWEST XXXX ENGINEERING, Seller SELLER shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM. In the event that Work delivered under this Contract constitutes or includes Counterfeit Work, Seller shallSELLER, at its expense, promptly replace such shall provide reasonable cooperation to WEST XXXX ENGINEERING in conducting any investigation regarding the delivery of Counterfeit Work with genuine or Suspect counterfeit Work conforming to the requirements of under this Contract. Notwithstanding any other provision in this Contract, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Work, including without limitation Buyer's costs of removing Counterfeit Work, of reinserting 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 This clause applies in addition to and is not altered, changed, or superseded by any remedies Buyer may have at lawquality provision, equity specification, statement of work, regulatory flow down, or under other provisions provision included in this Contract addressing the authenticity of Work. a. SELLER shall include paragraphs (a) through (f) and this paragraph (h) of this Contractclause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or furnished as work to West Xxxx Engineering.

COUNTERFEIT WORK. 29.1 For purposes of this clause, Work Goods consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). "Counterfeit Work" means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair, but is altered and misrepresented as acceptable. Seller . 29.2 Supplier agrees and shall ensure that (a) Counterfeit Work Goods is not delivered to Buyer, (b) Seller JCB. 29.3 Supplier shall only purchase products to be delivered or incorporated as Work Goods to Buyer JCB directly from the Original Component Manufacturer (OCM)/Original “OCM”)/Original Equipment Manufacturer (“OEM”), or through an OCM/OEM authorized distributor distribution chain; . Goods shall not be acquired from independent distributors or brokers unless authorized approved in advance in writing by Buyer, (c) Seller JCB. 29.4 Supplier shall immediately notify Buyer JCB with the pertinent facts if Seller Supplier becomes aware of or suspects that it has furnished Counterfeit Work, (d) If Goods. When requested by BuyerJCB, Seller Supplier shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM. . 29.5 In the event that Work Goods delivered under this Contract constitutes or includes Counterfeit WorkGoods, Seller Supplier shall, at its is expense, promptly replace such Counterfeit Work Goods with genuine Work Goods conforming to the requirements of this Contract. Notwithstanding any other provision in this Contract, Seller Supplier shall be liable for all costs relating to the removal and replacement of Counterfeit WorkGoods, including without limitation Buyer's costs JCB’s cost of removing the Counterfeit WorkGoods, of reinserting replacement Work Goods and of any testing necessitated by the reinstallation of Work Goods after Counterfeit Work Goods has been exchanged. The remedies contained in this paragraph clause are in addition to any remedies Buyer JCB may have at in law, equity or under any other provision of this Agreement or as otherwise permitted by law. 29.6 This clause applies in addition to any quality provision, specification, statement of work, or other provision included in this Contract addressing the authenticity of Goods. To the extent such provisions conflict with this clause, this clause prevails. 29.7 Supplier shall include clauses (29.1) through (29.5) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or furnished as Goods to JCB. 29.8 The provisions of this ContractClause shall survive completion or termination.