Common use of SUSPECT/COUNTERFEIT PARTS Clause in Contracts

SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer reserves the right to seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behavior.

Appears in 2 contracts

Samples: amgindy.com, amgindy.com

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SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to are furnished under this Order and are found in any of the goods delivered hereunder, such items will be impounded by Buyer, Buyer . Seller shall promptly notify Seller and Seller shall immediately replace the such suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, the Buyer and the Seller shall be liable for all costs incurred by Buyer relating to remove the removal and replace the suspect/counterfeit replacement of said parts, including without limitation Buyer’s 's external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s 's goods after counterfeit parts have been exchanged. In additionSeller shall be fully liable for all such costs, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this ordereven if such cost might be considered indirect, special or consequential damages. Seller’s warranty against 's liability for suspect/counterfeit parts shall survive not expire until intentional ignition of a launch vehicle if found in product for Space application and for 60 months after delivery if product for non-space application (e.g., ground or airborne). Buyer’s remedies described herein shall not be limited by any termination or expiration of other clause which is agreed upon between Buyer and Seller in this Purchase Order. At Buyer's request, Seller shall return any removed counterfeit parts to Buyer reserves the right in order that Buyer may turn such parts over to seize and quarantine its Government customer for further investigation. Seller agrees that any / all suspected counterfeit products it receives Government or quasi-Government directive, such as a GIDEP alert or a directive from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller The Aerospace Corporation indicating that such parts are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of shall be deemed definitive evidence that Seller's parts contain counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behaviorparts.

Appears in 1 contract

Samples: www2.northropgrumman.com

SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief belief, that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer in having to remove analyze and replace process the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchangedmaterials. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer reserves the right to shall seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect counterfeit products may be forwarded Only a sample maybe moved from quarantine for analysis purposes as needed for manufactures, labs, government entities to confirm the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destructioncondition. If products furnished by the Seller parts are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (confirmed counterfeit quarantined status will continue a GIDEP report files and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behaviorshall wait for disposition notice from GIDEP.

Appears in 1 contract

Samples: www.comtechefdata.com

SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are is “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer reserves the right to seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behavior.

Appears in 1 contract

Samples: c-a-design.com

SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such a counterfeit partspart, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer Xxxxx reserves the right to seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect Suspected counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller Xxxxxx agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by BuyerXxxxx. Suppliers (and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behavior.

Appears in 1 contract

Samples: amgindy.com

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SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyerare furnished under this Order and are found in any of the goods delivered hereunder, Buyer such items will be impounded by Xxxxx. Seller shall promptly notify Seller and Seller shall immediately replace the such suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, the Buyer and the Seller shall be liable for all costs incurred by Buyer relating to remove the removal and replace the suspect/counterfeit replacement of said parts, including without limitation Buyer’s 's external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s 's goods after counterfeit parts have been exchanged. In additionSeller shall be fully liable for all such costs, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this ordereven if such cost might be considered indirect, special or consequential damages. Seller’s warranty against 's liability for suspect/counterfeit parts shall survive not expire until intentional ignition of a launch vehicle if found in product for Space application and for 60 months after delivery if product for non-space application (e.g., ground or airborne). Xxxxx’s remedies described herein shall not be limited by any termination or expiration of other clause which is agreed upon between Xxxxx and Seller in this Purchase Order. At Buyer's request, Seller shall return any removed counterfeit parts to Buyer reserves the right in order that Buyer may turn such parts over to seize and quarantine its Government customer for further investigation. Seller agrees that any / all suspected counterfeit products it receives Government or quasi-Government directive, such as a GIDEP alert or a directive from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller The Aerospace Corporation indicating that such parts are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of shall be deemed definitive evidence that Seller's parts contain counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behaviorparts.

Appears in 1 contract

Samples: cdn.northropgrumman.com

SUSPECT/COUNTERFEIT PARTS. Seller represents shall establish and warrants maintain a material authenticity process that it has policies ensures the requirements of these clauses or other authenticity requirements in this Order are met. Seller’s obligation to substantiate authenticity shall survive acceptance of and procedures payment for Goods delivered under this Order. Seller shall not furnish suspect counterfeit or counterfeit parts to Buyer under this Order. All material delivered under this Order shall be authentic and traceable to the original manufacturer. Seller shall provide authenticity and traceability records to Buyer upon request. Electronic parts shall not be acquired from brokers unless approved in place advance in writing by Xxxxx. Seller shall immediately notify Buyer if Seller cannot provide parts, components, and/or assemblies traceable to ensure that none the original component manufacturer or the original equipment manufacturer. Upon receipt of such notification, Buyer reserves the supplies right to terminate this Order at no cost to Buyer or materials require specific material validation test and inspection protocol requirements to Seller. If suspect counterfeit or counterfeit parts are furnished under this Purchase Order and are “suspect/counterfeit parts” and certifies, to found in any of the best of its knowledge and belief that no such 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. GovernmentProducts delivered hereunder, such as parts listed in alerts published items will be impounded by the Defense Contract Management Agency under the Government-Industry Data Exchange Program (GIDEP)Xxxxx. If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the such suspect/counterfeit parts with parts acceptable to the Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer relating to remove the removal and replace the suspect/counterfeit replacement of said parts, including without limitation Buyer’s external and internal costs of removing such a suspect/counterfeit parts, of reinserting replacement parts and of any testing or validation necessitated by the reinstallation of Seller’s goods Products after suspect/counterfeit parts have been exchanged. In addition, Xxxxx’s remedies described herein shall not be limited by any other clause agreed upon between Buyer and Seller in this Order and are in addition to any remedies Buyer may unilaterally terminate have at law, equity or otherwise under this Order. At Buyer’s request, Seller shall return any removed suspect counterfeit or counterfeit parts to Buyer in order that Buyer may turn such parts over to its United States Government (“U.S.G.”) customer for Convenience depending on the impact further investigation. For purposes of the delivery of Suspectthis clause, Xxxxxx agrees that any U.S.G. directive/Counterfeit information or GIDEP alert, indicating that such parts on the are suspect counterfeit or counterfeit, shall be deemed definitive evidence that Seller’s overall performance on this orderProducts contain suspect counterfeit or counterfeit parts. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer reserves the right to seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on insert the full purchase price paid as well as substance of this clause, including this sentence, in any associated costs including legal, shipping, 3rd party testing, or other charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behaviorlower tier subcontract.

Appears in 1 contract

Samples: paragones.com

SUSPECT/COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief belief, that no such 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). If Buyer reasonably determines that Seller has supplied suspect/counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the suspect/counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such a counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Suspect/Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of this Purchase Order. Buyer Xxxxx reserves the right to seize and quarantine any / all suspected counterfeit products it receives from seller on this Purchase Order. Suspect counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate Federal or State authorities for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller Xxxxxx agrees to reimburse Buyer on the full purchase price paid as well as any associated costs including legal, shipping, shipping or 3rd party testing, or other testing charges incurred by Buyer. Suppliers (and supplier employees) are required to prevent the use of counterfeit parts by the following when applicable: Ensuring that persons are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behaviorXxxxx.

Appears in 1 contract

Samples: www.comtechefdata.com

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