COUNTERFEIT WORK. (a) The following definitions apply to this clause:
COUNTERFEIT WORK. (a) For purposes of this clause, Work consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). "
COUNTERFEIT WORK. For purposes of this clause, Work consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). "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. Seller agrees and shall ensure that (a) Counterfeit Work is not delivered to Buyer, (b) Seller shall only purchase products to be delivered or incorporated as Work to Buyer directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain; unless authorized by Buyer, (c) Seller shall immediately notify Buyer with the pertinent facts if Seller becomes aware or suspects that it has furnished Counterfeit Work, (d) If 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 Contract constitutes or includes Counterfeit Work, Seller shall, at its expense, promptly replace such Counterfeit Work with genuine Work conforming to the requirements of this Contract. Notwithstanding any other provision in this Contract, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Work, including without limitation Buyer's costs of removing Counterfeit Work, of reinserting replacement Work and of any testing necessitated by the reinstallation of Work after Counterfeit Work has been exchanged. The remedies contained in this paragraph are in addition to any remedies Buyer may have at law, equity or under other provisions of this Contract.
COUNTERFEIT WORK. Seller represents and warrants that it shall not deliver to Buyer any articles, components, goods, assemblies or other items that constitute " Counterfeit Work." "
COUNTERFEIT WORK a. The following definitions apply to this clause: "Counterfeit Work" means Work that is or contains unlawful or unauthorized reproductions, substitutions, or alterations that have been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified 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 Work represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. "Suspect Counterfeit Work" means Work for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the Work part is authentic.
COUNTERFEIT WORK. § 16.1 The following definitions apply to this clause:
COUNTERFEIT WORK. Supplier represents and warrants that no Goods delivered to Buyer are Counterfeit Work. “Counterfeit Work” means Goods, consisting of all Electronic Parts delivered under an Order that are in the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies) that are or contain Counterfeit Electronic Parts or suspect Counterfeit Electronic Parts. “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. The Contractor shall establish and maintain an acceptable counterfeit electronic part detection and avoidance system per DFAR 252.246- 7007, using as a guideline industry standards SAE AS5553 or SAE AS6081, or DFARS Case 2012-D055. Supplier shall only purchase products to be delivered or incorporated as Goods to Buyer directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. Supplier represents and warrants that no Goods shall be acquired from non-franchised distributors or brokers unless approved in advance in writing by Xxxxx. Supplier shall immediately notify Buyer with the pertinent facts if Supplier becomes aware or suspects that it has furnished Counterfeit Work. When requested by Buyer, Supplier shall provide OCM/OEM documentation that authenticates traceability of the Goods to the applicable OCM/OEM.
COUNTERFEIT WORK. WORK (in the context of this paragraph) consists of parts delivered that include the lowest level of separately identifiable items and are procured directly or integrated into electronic assemblies or equipment, regardless of type, size, and product provided. COUNTERFEIT WORK consists of unauthorized copies or substitute parts that have been identified, marked and/or altered by a source other than the part’s legally authorized source and have been misrepresented to be from a legally authorized source. Further, it includes any used, outdated, expired, or damaged items that are misrepresented as meeting the performance requirements for the intended use. The SELLER shall not deliver COUNTERFEIT WORK to The Bernd Group, Inc. under this Contract. The SELLER shall only purchase products directly from the Original Component Manufacturer (OCM) / Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. In the event shipped WORK is suspected or determined to be counterfeit, SELLER must immediately notify The Bernd Group to allow for prompt notification to the end user. SELLER shall cooperate in good faith with any investigation as required by law or regulations. BUYER shall not be liable for payment to SELLER of the price of any suspect counterfeit items until determined to be authentic. In the event Counterfeit Work is delivered, SELLER shall at its expense, replace such COUNTERFEIT WORK with genuine WORK conforming to the requirements of this ORDER.
COUNTERFEIT WORK. 26. Counterfeit work
