Unauthorized Parts Sample Clauses
The 'Unauthorized Parts' clause prohibits the use, installation, or incorporation of parts or components that have not been approved by the relevant authority or specified in the contract. In practice, this means that only parts meeting certain standards or coming from approved suppliers may be used in the performance of the agreement, such as in manufacturing, repair, or maintenance activities. This clause helps ensure product safety, maintain quality control, and limit liability by preventing the introduction of potentially unsafe or substandard components.
Unauthorized Parts. To the extent permitted by law, Partner will not, and will not permit its End User to, configure Dell Products with Unauthorized Parts. Partner shall not unpack Dell’s original packaging of the Products for resale without prior approval in writing from Dell. Partner shall not disassemble Products, sell parts of the Products nor replace any parts of the Products without prior approval in writing from Dell.
Unauthorized Parts. A “Suspect Part” is a part in which there is an indication by visual inspection, testing or other information that it may meet the definition of a Fraudulent Part of a Counterfeit Part. A “Fraudulent Part” is any part knowingly misrepresented as meeting required specifications or the false identification of grade, serial number, lot number, and date code or performance characteristics. A “Counterfeit Part” is a part, that has been represented, identified or marked as genuine, but has been confirmed to be a copy, imitation or substitute that was created without legal right to do so and with the intent to mislead, deceive, or defraud.
Unauthorized Parts. A. A "Contaminated Product" is a Product that is or contains an Unauthorized Part. "Unauthorized Parts" refers to any part, including software or firmware, whether or not embedded, that has been: (a) represented, identified, or marked as genuine, whether or not knowingly, but is an illegitimate (i) imitation, (ii) substitute, or (iii) copy; (b) knowingly misrepresented as new or compliant with specifications, including without limitation, of a grade, serial number, lot, date code, or meeting performance characteristics that it does not;
Unauthorized Parts. A. A “Suspect Part” is a part, including any software or firmware embedded in a part, in which there is an indication by visual inspection, testing, or other information that it may meet the definition of a Fraudulent Part or a Counterfeit Part. A “Fraudulent Part” is any part, including any software or firmware embedded in a part, knowingly misrepresented as meeting required specifications, including without limitation, used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. A “Counterfeit Part” is a part, including any software or firmware embedded in part, that has been represented, identified, or marked as genuine, but has been confirmed to be a copy, imitation, or substitute that was created (a) without legal right to do so, and (b) with intent to mislead, deceive, or defraud. Suspect Parts, Fraudulent Parts, and Counterfeit Parts are referred to collectively as “Unauthorized Parts.”
B. Upon Honeywell discovering that Supplier has delivered to Honeywell a Good that is or contains an Unauthorized Part (“Contaminated Good”), Honeywell may impound such Contaminated Good and provide Notice to Supplier of such action.
C. Supplier will promptly notify Honeywell upon Supplier discovering that Supplier has, or suspects that it may have, delivered to Honeywell a Good that is or contains a Contaminated Good. Supplier will immediately impound Contaminated Goods in its possession.
D. Promptly upon the occurrence of Section C above or Honeywell notifying Supplier that Supplier has or may have delivered to Honeywell a Contaminated Good, Supplier will, at Supplier’s sole cost and expense, replace such Contaminated Good with a Good that meets Honeywell’s specifications and is not a Contaminated Good.
E. Supplier will defend and indemnify Honeywell from all loss, cost, expense, damage, claim, demand, or liability relating to Supplier’s delivery of Contaminated Goods, including without limitation Honeywell’s external and internal costs of removing and replacing Unauthorized Parts or Contaminated Goods, of reinserting replacement parts, and of any testing necessitated by the reinstallation of Supplier’s Goods after Unauthorized Parts have been exchanged.
F. Honeywell may at its election and in addition to any other rights or remedies it may have under this Purchase Order, at law, or in equity, have the Contaminated Goods repaired, replaced, or corrected at Supplier’s expense, o...