COUNTERFEIT PARTS. Seller represents and warrants that it has policies and procedures in place to ensure that none of the Goods furnished under this Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief that no such “suspect/counterfeit 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). Parts furnished under this Order shall be purchased directly from the Original Component Manufacturers (“OCM”)/Original Equipment Manufacturers (“OEM”) or through the OCM/OEMs Franchised Distributor. Seller shall maintain documented systems (policy, procedure, or other documented approach) that provides for prior notification to Buyer and Buyer’s written approval before parts or components are procured from sources other than OCM, OEM, or OCM or OEM’s Franchised Distributor. Seller shall provide copies of such documentation for its system upon Buyer’s request. Seller’s systems shall be consistent with applicable industry standard, for the detection and avoidance of counterfeit electronic parts, including flowing down requirements to subcontractors. 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 inspect, 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 p...
COUNTERFEIT PARTS. The Seller shall implement Counterfeit Parts Detection and Avoidance Systems (Reference DFAR 252.246-7007 for definitions). The Seller shall only deliver new and authentic product to the Buyer. The Seller shall maintain electronic part traceability tracking of the supply chain back to the original manufacturer, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies (Reference 252.246-7007). Seller shall utilize only the original manufacturer or have the express written authority of the original manufacturer or current design activity. Use of any other sources must be approved in advance and in writing by the Buyer. Counterfeit and suspect counterfeit parts shall not be returned to the Seller or otherwise returned to the Supply chain until such time that the parts are determined to be authentic. When the Buyer becomes aware of (or has reason to suspect that) any electronic part, or end item, component, part, or assembly containing electronic parts has been delivered to the Buyer, they will confiscate and quarantine them, and will report them to the UD Customer and/or Government Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP). The Seller shall promptly replace such Counterfeit Parts/assembly with parts acceptable to the Buyer, and the Seller shall be liable for all costs relating to the removal and replacement of said parts. The Buyer reserves all contractual rights and remedies to address grievances and detrimental impacts caused by Counterfeit/Substandard parts. The Seller shall flow down the substance of this clause to all its subcontractors.
COUNTERFEIT PARTS. Minimum requirements for partners The Partner shall comply with all customer (OEM) requirements concerning ownership of tooling and parts. The partner will ensure that products manufactured on behalf of voestalpine for use by automotive OEMs are only supplied to voestalpine or to the OEM, depending of the contract. Any delivery of these products to third parties will be seen as a material breach of the contract and results in legal actions by voestalpine and will entitle voestalpine to terminate the contract and recover all subsequent costs from the supplier. Defective parts which could not be delivered to voestalpine must also be rendered unusable before they can be disposed of as scrap.
COUNTERFEIT PARTS. (a) All suppliers shall purchase parts, materials, chemicals, and assemblies directly from authorized sources (reference sub-paragraphs 1 and 2 for further requirement resolution). Only new and authentic materials are to be supplied or used in products delivered to Buyer. No counterfeit or suspect counterfeit parts are to be delivered or contained within delivered product.
COUNTERFEIT PARTS. Seller warrants that it has policies and procedures in place (or similar measures in the absence of such policies and procedures) to ensure that none of the supplies or materials furnished under this Order are “suspect or counterfeit parts” and certifies to the best of its knowledge and belief that no such parts shall be furnished to Buyer. For the purposes of this Order, “suspect or counterfeit parts” refers to any parts, including those of new manufacture, that are misleadingly labeled to provide the impression that they are of a different class or quality or from a different source than is actually the case, or that represent gray market parts. Suspect or counterfeit parts also refer to refurbished parts, complete with false labeling, that are represented as new parts. Any parts that are designated as suspect by the US Government, such as parts listed in alerts published by the Defense Contract Management Agency under the Government-Industry Data Exchange Program (GIDEP) are also considered suspect or counterfeit parts. If Buyer reasonably determines that Seller has supplied suspect or counterfeit parts, Buyer shall notify Seller and Seller shall immediately replace the suspect or counterfeit parts with parts acceptable to Buyer. Notwithstanding any other provision contained herein, Seller shall be liable for all costs, fees, and penalties incurred by Buyer associated in any way with the removal and replacement of the suspect or counterfeit parts, including without limitation Buyer’s external and internal costs of removing such suspect or counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after suspect or counterfeit parts have been exchanged. The warranties provided by Seller under this paragraph shall survive any termination or expiration of this Order.
COUNTERFEIT PARTS. Seller will not alter Goods or documents, with the intent to mislead or disguise counterfeit goods as genuine or original goods, and shall take necessary action to prevent the use of counterfeit parts in their products and processes.
COUNTERFEIT PARTS. Supplier is expected to develop, implement, and maintain effective methods and processes appropriate to their products to minimize the risk of introducing counterfeit parts and materials into deliverable products. In addition, Supplier shall provide notification to recipients of counterfeit product(s) when warranted. If suspect counterfeit parts are furnished under this PO or are found in any of the products delivered hereunder, such items may be impounded by Xxxxx. The Supplier shall promptly replace the suspected counterfeit parts with parts acceptable to the Buyer. The Supplier shall be liable for all costs relating to the removal and replacement of counterfeit parts, including without limitation Buyer's external and internal costs of removing the counterfeit parts, of reinserting replacement parts and of any testing required by the reinstallation of Supplier's goods after counterfeit parts have been exchanged. Supplier shall be fully liable for all cost associated with changing parts out, material handling and all other related costs.
COUNTERFEIT PARTS. (REF: SP-QA-04) Vendor must meet the intent of SAE Standard AS5553 (par. E.1.1) and AS6174 to ensure that counterfeit parts are not received into inventory, used in manufacturing, or inadvertently sold to AGP. Certifications must be from the original manufacturer. In the event that the supplier suspects parts to be counterfeit they are to report it to AGP Quality Management. Confirmed counterfeit parts are to be reported in accordance with AS5553 appendix G. Q.12) Customer Requirement Flow-down: Any/all subcontracting shall be approved by AGP and defined on the purchase order. If subcontracting is approved by AGP, the supplier shall flow-down all requirements on the AGP purchase order, including this Terms & Conditions Document Number RC-PR-02, and the Customer specific requirements. Only customer approved sources shall be used for subcontracting.
COUNTERFEIT PARTS. (a) For purposes of this Clause, the term “Parts” consists of those parts delivered under this PO that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). The term "
COUNTERFEIT PARTS. If suspect/counterfeit parts are furnished under this purchase order and are found in any of the goods delivered hereunder, such items will be impounded by the Buyer. The seller shall promptly replace such suspect/counterfeit parts with parts that are acceptable to the Buyer. The Seller shall be liable for all costs relating to the removal and replacement of said parts. Buyer reserves all contractual rights and remedies to address grievances and detrimental impacts cause by suspect/counterfeit parts.
