Counterfeit Products. In addition to all other warranties provided under this Purchase Order, Seller warrants that the Products delivered hereunder are new and not refurbished or used, are being supplied by the original equipment manufacturer (OEM) or its expressly authorized agent or distributor, and the Seller has documented traceability of the Products or components to the OEM. Buyer may return the Products at any time if they are not genuine, new and unused items or they are found to not meet all OEM specifications and requirements as well as all the requirements defined on this Purchase Order. Seller must provide the following with shipment of the items upon request of Xxxxx:
Counterfeit Products. For purposes of this clause, Goods are any tangible items delivered under this Subcontract including, but not limited to, the lowest level of separately identifiable items, such as parts, articles, components, and assemblies. “
Counterfeit Products. KADMON will exercise due diligence to detect counterfeit, substandard, or otherwise adulterated or misbranded versions of the Product and to prevent those versions from entering the distribution system and reaching patients.
Counterfeit Products. The seller shall plan, implement and control a process appropriate to the product that prevents the use of counterfeit product and either inclusion in product(s) delivered to the Buyer. External Providers Clause Seller shall insure that persons in their employ and any subcontracted entities are aware of their contribution to product service conformity, product safety and the importance of ethical behavior.
Counterfeit Products. Abbott shall purchase Products for distribution and Sale in the Field in the Territory exclusively from Abaxis. If Abbott is offered the opportunity to purchase or otherwise becomes aware of any counterfeit products similar in appearance and/or function to the Products manufactured by an entity other than Abaxis (“Counterfeit Products”), Axxxxx shall promptly notify Abaxis thereof. Axxxxx covenants and agrees not to knowingly purchase any Counterfeit Products, and the failure of Axxxxx to comply with the foregoing covenant and agreement shall constitute grounds for immediate termination of this Agreement by written notice to such effect sent by Abaxis. Such termination of this Agreement shall be effective as of the date of receipt of any such notice by Axxxxx. In addition, Axxxxx acknowledges that its purchase of Counterfeit Products will cause Abaxis irreparable harm and that Abaxis shall have the right to equitable and injunctive relief, in addition to money damages, in the case of such action by Axxxxx. Axxxxx further acknowledges and agrees that Abaxis shall have no obligation to provide any warranty services for Counterfeit Products, however obtained by a Dealer or End User in the Field and Territory. [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Counterfeit Products. If Heska is offered the opportunity to purchase or otherwise becomes aware of any counterfeit products similar in look and/or function to Analyzer or Cartridge Products (as listed on Exhibit 1.29) manufactured by an entity other than i-STAT ("Counterfeit Products"), Heska shall promptly notify i-STAT thereof. Heska covenants and agrees not to purchase any Counterfeit Products, and the failure of Heska to comply with the foregoing covenant and agreement shall constitute grounds for immediate termination of this Agreement by written notice to such effect sent by i-STAT. Such termination of this Agreement shall be effective as of the date of receipt of any such notice by Heska. In addition, Heska acknowledges that its purchase of Counterfeit Products will cause i-STAT irreparable harm and that i-STAT shall have the right to equitable and injunctive relief, in addition to money damages, in the case of such action by Heska. i-STAT acknowledges and agrees that Counterfeit Products do not include, and Heska shall be permitted to sell and/or license in the Field, any products that Heska offers to Heska's End Users that would allow Heska's End Users to print test results from an Analyzer on standard sized paper and combine such results with test results from other diagnostic products Heska sells in the Field.
Counterfeit Products. Abaxis shall purchase Products for distribution and Sale in the Field in the Territory exclusively from Abbott. If Abaxis is offered the opportunity to purchase or otherwise becomes aware of any counterfeit products similar in appearance and/or function to the Products manufactured by an entity other than Abbott (“Counterfeit Products”), Abaxis shall promptly notify Abbott thereof. Abaxis covenants and agrees not to purchase any Counterfeit Products, and the failure of Abaxis to comply with the foregoing covenant and agreement shall constitute grounds for immediate termination of this Agreement by written notice to such effect sent by Abbott. Such termination of this Agreement shall be effective as of the date of receipt of any such notice by Abaxis. In addition, Abaxis acknowledges that its purchase of Counterfeit Products will cause Abbott irreparable harm and that Abbott shall have the right to equitable and injunctive relief, in addition to money damages, in the case of such action by Abaxis.
Counterfeit Products. Aspen will exercise due diligence to detect counterfeit, substandard, or otherwise adulterated or misbranded versions of Products and to prevent those versions from entering the distribution system and reaching patients.
Counterfeit Products. For purposes of this clause, goods are any tangible items delivered under this order, including without limitation the lowest level of separately identifiable items, such as parts, articles, components, and assemblies. "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 but are altered and misrepresented as acceptable. Seller agrees to comply with SAE AS5553 and shall ensure that Counterfeit Goods are not delivered to Sunhillo. Goods delivered to Sunhillo or incorporated into other Goods and delivered to Sunhillo 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 Sunhillo. When requested by Sunhillo 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 Sunhillo 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 Sunhillo.
Counterfeit Products. (i) For purposes of this provision, Goods are any tangible items delivered, including without limitation the lowest level of separately identifiable items, such as parts, articles, components, and assemblies. “
