SUSPECT Clause Samples
SUSPECT. COUNTERFEIT PARTS (FEB 2011)
(a) “Suspect/counterfeit parts” are parts that may be of new manufacture, but labeled to represent a different class of parts, or used and/or refurbished parts, complete with false labeling, that are represented as new parts. These parts could include any item where a marking indi- ▇▇▇▇▇ a higher value item. Three of the most common categories of suspect/counterfeit parts are:
(1) Hardened fasteners, including bolts and nuts, made of carbon steel or stainless steel.;
(2) Piping valves and flanges bearing labels that falsely indicate that the items meet nationally recog- nized consensus standards, such as ASME, ANSI or ASTM; and
(3) Used or refurbished molded-case electrical circuit breakers or similar type switch gear.
(b) Supplies furnished to Princeton under this Agreement shall not include suspect/counterfeit parts nor shall such parts be used in performing any work under this Agree- ment whether on or off the PPPL site.
(c) If suspect/counterfeit parts are furnished under this Agreement and are found on the PPPL site, such parts shall be impounded by Princeton or the Subcontractor shall remove them as directed by Princeton. The Sub- contractor shall promptly replace such parts with supplies acceptable to Princeton, and the Subcontractor shall be liable for all costs relating to impoundment, removal and replacement.
(d) The rights of Princeton under this clause are in addi- tion to any other rights provided by law or under this Agreement.
SUSPECT. COUNTERFEIT PARTS - Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under any Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief, that no such parts have been or are being furnished to Buyer by Seller. “Suspect/counterfeit parts” are (i) 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; (ii) refurbished parts, complete with false labeling, that are represented as new parts; or (iii) any parts that are designated as suspect by the U.S. Government, such as parts listed in Safety Alerts for Human Medical Products published by the Food and Drug Administration. 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 warranty, liability limitation, indemnification or other provision contained herein (including the limitations of liability set forth in Section 12), Seller shall be liable for all costs incurred by Buyer to remove and replace the suspect/counterfeit parts, including without limitation Buyer’s external and internal costs of removing such suspect/counterfeit parts, of sourcing, purchasing and reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after suspect/counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate any or all Purchase Orders depending on the impact of the delivery of suspect/counterfeit parts on Seller’s overall performance on the Purchase Order under which the suspect/counterfeit parts were delivered. Seller’s warranty against suspect/counterfeit parts shall survive any termination or expiration of any Purchase Order relating to such suspect/counterfeit parts.