Counterfeit Items definition

Counterfeit Items. “Counterfeit Items” means any material, component, part, assembly, sub-assembly, product and any other item forming part of the goods (together referred to as “Items” and separately as “Item”) in which there is an indication by visual inspection, testing, or other information that it may be a copy or substitute made without legal right or authority or one whose material, performance, Identity or characteristics have been misrepresented by the Supplier, manufacturer or a supplier in the Supplier’s supply chain.
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Counterfeit Items means an item for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the items are authentic. Trellix Products/Services in Support of a U.S. Government Contract means the document with that title, that Trellix makes available on the Trellix Supplier Portal.
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Counterfeit Items mean Components (as defined below), goods and software incorporated in a good or Component that (i) are unauthorized copies or substitutes of an original equipment manufacturer (“OEM”) item; (ii) are not produced in accordance with, or do not contain the proper materials or components as specified on, the OEM’s specifications or design; (iii) are used, refurbished, or reclaimed, but which are represented as being new; or (iv) are labeled, logoed or marked to mislead or deceive a reasonable person into believing a non-OEM item is genuine. To the extent that any good or service contains any input, component or service that is warranted by a third party that has provided such input, component or service to Seller, Seller shall take all actions necessary to cause Buyer, any Buyer business unit, Buyer subsidiary, and any Buyer customer or other designee to be a third-party beneficiary of such warranty, it being acknowledged by Seller that the foregoing third-party warranty shall be in addition to, and not in lieu of, all other warranties provided by Seller in this Agreement. These warranties, and all other warranties, express or implied, will survive delivery, inspection, acceptance, and payment. Seller must obtain third party warranties consistent with this provision for all raw materials, components, and services required by Seller to perform under this Agreement (“Components”) and Seller is solely responsible for ensuring that all Components meet these requirements. Any Component that fails to meet these requirements will be deemed to be a non-conforming good. Seller will promptly notify Buyer in writing upon Seller discovering that it has, or suspects that it may have, delivered a non- conforming good or Counterfeit Item.
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Examples of Counterfeit Items in a sentence

  • No counterfeit or suspect counterfeit parts (See 16b for a definition of Counterfeit Items) are to be contained within the delivered product.

  • Additional information may also be found by referring to: Managing Suspect and Counterfeit Items (SCI) in the Nuclear Industry; International Atomic Energy Agency Guide IAEA-TECDOC-1169.

  • Any Seller request to procure from a Broker shall include complete and compelling support for such request and shall include all actions completed by Seller to ensure the goods thus procured are not Counterfeit Items.

  • Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items until determined to be authentic.

  • The Seller must present complete and compelling support for its request and include in its request all actions to ensure the parts thus procured are not Counterfeit Items.

  • If Buyer determines in its sole discretion that there is credible evidence after visual inspection, testing, or other information that a good delivered under this Purchase Order may have been misrepresented by the Seller or Seller’s lower-tier subcontractor and constitutes a Counterfeit Item or Suspect Counterfeit Item, Seller, or its lower-tier subcontractor, shall, if directed by Buyer to do so, issue a GIDEP alert and shall ensure suspect or confirmed Counterfeit Items are not delivered to Buyer.

  • Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items under investigation.

  • Procurement of potentially Suspect or Counterfeit Items: The Subcontractor shall warrant that all items furnished under this Contract are genuine (i.e. not counterfeit) and match the quality, test reports, markings, and/or fitness for use required by the contract, as applicable.

  • No Counterfeit Item or suspect Counterfeit Items (See Section 18(b)) for a definition of Counterfeit Items) are to be contained within the delivered product.

  • International Atomic Energy Agency (IAEA) TECDOC-1169, Managing Suspect and Counterfeit Items in the Nuclear Industry, dated August 2000, has been added as a reference to provide guidance on suspect and counterfeit item(s) (S/CI(s)).

Related to Counterfeit Items

  • Counterfeit Goods are Goods that are or contain items misrepresented as having been designed, produced, and/or sold by an authorized manufacturer and seller, including without limitation unauthorized copies, replicas, or substitutes. The term also includes authorized Goods that have reached a design life limit or have been damaged beyond possible repair, but are altered and misrepresented as acceptable. Seller shall ensure that Counterfeit Goods are not delivered to Buyer. Goods delivered to Buyer or incorporated into other Goods and delivered to Buyer shall be new and shall be procured directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. Work shall not be acquired from independent distributors or brokers unless approved in advance in writing by Buyer. When 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 Agreement constitutes or includes Counterfeit Goods, Seller shall, at its expense, promptly replace such Counterfeit Goods with authentic Goods conforming to the requirements of this Agreement. Notwithstanding any other provision in this Agreement, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Goods, including without limitation Buyer’s costs of removing Counterfeit Goods, of reinserting replacement Goods, and of any testing necessitated by the reinstallation of Goods after Counterfeit Goods have been exchanged. Seller shall include equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or furnished as Goods to Buyer.

  • Counterfeit means an imitation of an actual valid original which is intended to deceive and be taken as the original.

  • Counterfeit drug means a drug that, or the container or

  • 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.

  • Counterfeit Parts means 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”.

  • Counterfeit Part means (1) an unauthorized copy, imitation, substitute, or modified part, which is knowingly misrepresented as a specified genuine part of the original manufacturer, or (2) a previously used Electrical, Electronic, and Electromechanical Part which has been modified and is knowingly misrepresented as new without disclosure to Buyer that it has been previously used. Examples of a Counterfeit Part include, but are not limited to, the false identification of grade, serial number, date code, or performance characteristics. NOTE: This definition shall be read so as not to conflict with the definition for “counterfeit electronic part” cited in DFARS 252.246-7007, where that definition shall govern to the extent that clause applies.

  • counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;

  • Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

  • Hacking means unauthorised access to any computer or other equipment or component or system or item which processes, stores, transmits or retrieves data.

  • Counterfeit electronic part means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic 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 electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

  • Scrap means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

  • Malware any thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the access to or operation, reliability or user experience of any computer software, hardware or network, telecommunications service, equipment or network or any other service or device, including worms, trojan horses, viruses and other similar things or devices.

  • Perishable goods means personal property maintained under controlled conditions for its preservation, and susceptible to loss or damage if the controlled conditions change.

  • Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

  • Contract Item or “Contract Items” means the list of items identified in Section

  • Provisional items means items for which approximate quantities have been included in the tender documents.

  • Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

  • obsrvd_agnt_cd ;"count erparty_identifier";"entty_rl";"cntrct_id";"instrmnt_id";" reporting_reference_date" Alpha-numeric Semicolon-separated string of all column names. Field names are put in double quotation marks. 1 reporting_agent_identifier Variable characters (60) 60 identifier domain 2 obsrvd_agnt_cd Variable characters (60) 60 identifier domain 3 counterparty_identifier Variable characters (60) 60 identifier domain 4 entty_rl Variable characters (25) 25 counterparty-instrument role type 5 cntrct_id Variable characters (60) 60 identifier domain 6 instrmnt_id Variable characters (60) 60 identifier domain 7 reporting_reference_date Date reporting reference date

  • Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

  • Dedicated FX Traffic means those calls routed by means of a physical, dedicated circuit delivering dial tone or otherwise serving an End User’s station from a serving Central Office (also known as End Office) located outside of that station’s mandatory local calling area. Dedicated FX Service permits the End User physically located in one exchange to be assigned telephone numbers resident in the serving Central (or End) Office in another “foreign” exchange, thereby creating a local presence in that “foreign” exchange.

  • Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (i) of this definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute 1 individual "cigarette".

  • Malicious Software means any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros, whether or not its operation is immediate or delayed, and whether the malicious software is introduced wilfully, negligently or without knowledge of its existence.

  • acid attack victims means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.

  • Heart Attack means death of a portion of heart muscle as a result of inadequate blood supply to the relevant area. The basis for diagnosis shall include:

  • Transit Traffic means traffic originating on CLEC’s network that is switched and transported by AT&T-TSP and delivered to a Third Party Terminating Carrier’s network or traffic from a Third Party Originating Carrier’s network. A call that is originated or terminated by a CLEC purchasing local switching pursuant to a commercial agreement with AT&T-TSP is not considered Transit Traffic for the purposes of this Attachment. Additionally Transit Traffic does not include traffic to/from IXCs.

  • Punchlist Items means any items necessary at the time of the issuance of a temporary certificate of occupancy to complete fully the renovation of the Project Facilities in accordance with the Plans and Specifications for the Project Facilities, or required for the issuance of a final certificate of occupancy or its equivalent.