Counterfeit Components definition
Counterfeit Components means a Component represented, identified, or marked as a genuine or new part, that has been confirmed to be a copy or an imitation, or that has been confirmed to be refurbished or used.
Counterfeit Components. Supplier shall establish and maintain an industry accepted Counterfeit Component detection and avoidance system. “Counterfeit Components” are defined as an unlawful or unauthorized reproduction, substitution, or alteration of, a component that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer. Unlawful or unauthorized substitutions include used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristic.
a. Any Counterfeit Components discovered in the Products must be immediately replaced at Supplier’s expense if such detection occurs within the warranty period provided that these components were procured by a vendor solely selected by Supplier, including any vendor that is performing RMA or repair activities on the components or Products.
b. For any suspected out of warranty Counterfeit Component cases, OEM shall promptly notify Supplier and shall provide a description of the Counterfeit Components. Upon receipt of such description, Supplier shall conduct and provide its preliminary findings regarding the Counterfeit Components, after which the parties will mutually agree upon an appropriate plan for remediation.
c. OEM will have no liability for Counterfeit Components procured by Supplier unless OEM directed Supplier to procure such components from a specific vendor. Supplier shall advise OEM at the earliest possible time if Supplier reasonably suspects a particular component may be a Counterfeit Component.
Counterfeit Components is amended to add the following sentence: If a Counterfeit Component is detected or known by Flextronics, Flextronics shall use commercial reasonable efforts to notify Nutanix of such.