Counterfeit Items definition

Counterfeit Items. “Counterfeit Items” means any material, component, part, assembly, sub-assembly, product and any other item forming part of the goods (together referred to as “Items” and separately as “Item”) in which there is an indication by visual inspection, testing, or other information that it may be a copy or substitute made without legal right or authority or one whose material, performance, Identity or characteristics have been misrepresented by the Supplier, manufacturer or a supplier in the Supplier’s supply chain.
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Counterfeit Items means an item for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the items are authentic. Trellix Products/Services in Support of a U.S. Government Contract means the document with that title, that Trellix makes available on the Trellix Supplier Portal.
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Counterfeit Items mean Components (as defined below), goods and software incorporated in a good or Component that (i) are unauthorized copies or substitutes of an original equipment manufacturer (“OEM”) item; (ii) are not produced in accordance with, or do not contain the proper materials or components as specified on, the OEM’s specifications or design; (iii) are used, refurbished, or reclaimed, but which are represented as being new; or (iv) are labeled, logoed or marked to mislead or deceive a reasonable person into believing a non-OEM item is genuine. To the extent that any good or service contains any input, component or service that is warranted by a third party that has provided such input, component or service to Seller, Seller shall take all actions necessary to cause Buyer, any Buyer business unit, Buyer subsidiary, and any Buyer customer or other designee to be a third-party beneficiary of such warranty, it being acknowledged by Seller that the foregoing third-party warranty shall be in addition to, and not in lieu of, all other warranties provided by Seller in this Agreement. These warranties, and all other warranties, express or implied, will survive delivery, inspection, acceptance, and payment. Seller must obtain third party warranties consistent with this provision for all raw materials, components, and services required by Seller to perform under this Agreement (“Components”) and Seller is solely responsible for ensuring that all Components meet these requirements. Any Component that fails to meet these requirements will be deemed to be a non-conforming good. Seller will promptly notify Buyer in writing upon Seller discovering that it has, or suspects that it may have, delivered a non- conforming good or Counterfeit Item.
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Examples of Counterfeit Items in a sentence

  • Any Seller request to procure from a Broker shall include complete and compelling support for such request and shall include all actions completed by Seller to ensure the goods thus procured are not Counterfeit Items.

  • Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items until determined to be authentic.

  • No counterfeit or suspect counterfeit parts (See 16b for a definition of Counterfeit Items) are to be contained within the delivered product.

  • Buyer shall not be liable for payment to Seller of the price of any Suspect Counterfeit Items under investigation.

  • If Buyer determines in its sole discretion that there is credible evidence after visual inspection, testing, or other information that a good delivered under this Purchase Order may have been misrepresented by the Seller or Seller’s lower-tier subcontractor and constitutes a Counterfeit Item or Suspect Counterfeit Item, Seller, or its lower-tier subcontractor, shall, if directed by Buyer to do so, issue a GIDEP alert and shall ensure suspect or confirmed Counterfeit Items are not delivered to Buyer.

  • If Buyer determines in its sole discretion that there is credible evidence that a good delivered under this Purchase Order constitutes a Counterfeit Item or Suspect Counterfeit Item, Seller, or its subcontractor, shall, if directed by Buyer to do so, issue a GIDEP alert and shall ensure suspect or confirmed Counterfeit Items are not delivered to Buyer.

  • Buyer shall not be liable for payment to Seller of the price of any suspect Counterfeit Items under investigation.

  • DIMENSIONS shall have the right to permanently impound Goods determined, in its sole estimation and discretion, to be suspect, fraudulent or confirmed Counterfeit Items.

  • Seller warrants the product delivered pursuant to Seals Unlimited purchase order shall (i) be new; (ii) be and only contain materials obtained directly from an Original Material Manufacturer, Original Component Manufacturer or a source with the express written authority of the Original Manufacturer or current design activity, including an authorized aftermarket manufacturer; and (iii) not be and not contain Counterfeit Items.

  • No counterfeit or suspect counterfeit parts (See 19 for a definition of Counterfeit Items) are to be contained within the delivered product.

Related to Counterfeit Items

  • Counterfeit Goods means Goods that are or contain 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 Goods represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

  • Counterfeit means, with respect to any item, one which is false but is intended to deceive and to be taken for the original authentic item.

  • Counterfeit drug means a drug that, or the container or

  • 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 Parts means a part, component, module, or assembly whose origin, material, source of manufacture, performance, or characteristics are misrepresented. This term includes, but is not limited to, (A) parts that have been (re)marked to disguise them or falsely represent the identity of the manufacturer, (B) defective parts and/or surplus material scrapped by the original manufacturer, and (C) previously used parts pulled or reclaimed and provided as “new”.