Common use of Suspect or Counterfeit Goods Clause in Contracts

Suspect or Counterfeit Goods. Contractor is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor is not the manufacturer of the goods, Contractor shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor desire to supply alternate goods that may not meet these requirements, Contractor shall notify Purchaser of any such exceptions and receive Purchaser's written approval prior to shipment of the alternate goods to Purchaser. If Contractor does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to Contractor. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, and may be returned to Contractor in accordance with the “Rejection and Revocation” provision above. Contractor shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor knowingly supplied suspect or counterfeit goods, Contractor shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement and reinstallation of said goods.

Appears in 2 contracts

Samples: General Terms and Conditions for Purchase of Labor Services, General Terms and Conditions for Purchase of Labor Services

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Suspect or Counterfeit Goods. Contractor Supplier is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor Supplier shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor Supplier is not the manufacturer of the goods, Contractor Supplier shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor Supplier desire to supply alternate goods that may not meet these requirements, Contractor Supplier shall notify Purchaser of any such exceptions and receive Purchaser's written approval prior to shipment of the alternate goods to Purchaser. If Contractor Supplier does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to ContractorSupplier. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, and may be returned to Contractor Supplier in accordance with the “Rejection and Revocation” provision above. Contractor Supplier shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor Supplier knowingly supplied suspect or counterfeit goods, Contractor Supplier shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement and reinstallation of said goods.

Appears in 2 contracts

Samples: Master Service Agreement, General Terms and Conditions for Purchase of Materials, Equipment, and Related Services

Suspect or Counterfeit Goods. Contractor Supplier is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor Supplier shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor Supplier is not the manufacturer of the goods, Contractor Supplier shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor Supplier desire to supply alternate goods that may not meet these requirements, Contractor Supplier shall notify Purchaser of any such exceptions and receive Purchaser's written approval prior to shipment of the alternate goods to Purchaser. If Contractor Supplier does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to ContractorSupplier. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, manufacturer and may be returned to Contractor Supplier in accordance with the “Rejection and Revocation” provision above. Contractor Supplier shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor Supplier knowingly supplied suspect or counterfeit goods, Contractor Supplier shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement replacement, and reinstallation of said goods.

Appears in 1 contract

Samples: Master Service Agreement

Suspect or Counterfeit Goods. Contractor Supplier is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor Supplier shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor Supplier is not the manufacturer of the goods, Contractor Supplier shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor Supplier desire to supply alternate goods that may not meet these requirements, Contractor Supplier shall notify Purchaser of any such exceptions and receive Purchaser's ’s written approval prior to shipment of the alternate goods to Purchaser. If Contractor Supplier does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to ContractorSupplier. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, and may be returned to Contractor Supplier in accordance with the “Rejection and Revocation” provision above. Contractor Supplier shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor Supplier knowingly supplied suspect or counterfeit goods, Contractor Supplier shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement and reinstallation of said goods.

Appears in 1 contract

Samples: Terms and Conditions for Purchase of Materials, Equipment, and Related Services

Suspect or Counterfeit Goods. Contractor Supplier is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor Supplier shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor Supplier is not the manufacturer of the goods, Contractor Supplier shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor Supplier desire to supply alternate goods that may not meet these requirements, Contractor Supplier shall notify Purchaser of any such exceptions and receive Purchaser's written approval prior to shipment of the alternate goods to Purchaser. If Contractor Supplier does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to ContractorSupplier. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, manufacturer and may be returned to Contractor Supplier in accordance with the “Inspection; Rejection and Revocation” provision above. Contractor Supplier shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor Supplier knowingly supplied suspect or counterfeit goods, Contractor Supplier shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement replacement, and reinstallation of said goods.

Appears in 1 contract

Samples: Master Service Agreement

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Suspect or Counterfeit Goods. Contractor is hereby notified that the delivery of suspect or counterfeit goods is of special concern to Purchaser. If any goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor shall assure the goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor is not the manufacturer of the goods, Contractor shall assure that all goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor desire to supply alternate goods that may not meet these requirements, Contractor shall notify Purchaser of any such exceptions and receive Purchaser's written approval prior to shipment of the alternate goods to Purchaser. If Contractor does not receive Purchaser's written approval to ship alternate goods and ships such goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to Contractor. In addition, if suspect or counterfeit goods are furnished under this Purchase Order or are found in any of the goods delivered hereunder, such goods will be dispositioned by Purchaser and/or the original manufacturer, and may be returned to Contractor in accordance with the “Rejection and RevocationInspection; Rejection” provision above. Contractor shall promptly replace such suspect or counterfeit goods with goods meeting the requirements of the Purchase Order. If Contractor knowingly supplied suspect or counterfeit goods, Contractor shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement and reinstallation of said goods.

Appears in 1 contract

Samples: General Terms and Conditions for Purchase of Construction

Suspect or Counterfeit Goods. Contractor Supplier is hereby notified that the delivery of suspect or counterfeit goods Goods is of special concern to Purchaser. If any goods Goods specified in the Purchase Order are described using a part or model number, a product description, and/or an industry standard, Contractor Supplier shall assure the goods Goods supplied meet all requirements of the latest version of the applicable manufacturer data sheet, product description, and/or industry standard unless otherwise specified. If Contractor Supplier is not the manufacturer of the goodsGoods, Contractor the Supplier shall assure that all goods Goods supplied under the Purchase Order shall be: (a) made by the original manufacturer; and (b) meet the applicable manufacturer data sheet, product description or industry standard. Should Contractor Supplier desire to supply alternate goods Goods that may not meet these requirements, Contractor Supplier shall notify Purchaser of any such exceptions and receive the Purchaser's written approval prior to shipment of the alternate goods Goods to the Purchaser. If Contractor Supplier does not receive Purchaser's written approval to ship alternate goods Goods and ships such goods Goods to Purchaser, it will be considered a material breach of the Agreement and any limitations on damages or liability shall not apply to ContractorSupplier. In addition, if suspect or counterfeit goods Goods are furnished under this Purchase Order or are found in any of the goods Goods delivered hereunder, such goods Goods will be dispositioned by Purchaser and/or the original manufacturer, and may be returned to Contractor the Supplier in accordance with the “Rejection and Revocation” provision above. Contractor Supplier shall promptly replace such suspect or counterfeit goods Goods with goods Goods meeting the requirements of the Purchase Order. If Contractor Supplier knowingly supplied suspect or counterfeit goodsGoods, Contractor Supplier shall be liable for all reasonable costs incurred by the Purchaser for the removal, replacement and reinstallation of said goodsGoods.

Appears in 1 contract

Samples: General Terms and Conditions for Purchase of Materials and Equipment

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