COUNTERFEIT WORK Sample Clauses
The COUNTERFEIT WORK clause defines the prohibition and handling of any goods, materials, or components that are counterfeit or not genuine. In practice, this clause requires suppliers to ensure that all products provided are authentic and to implement measures such as sourcing from authorized distributors and maintaining traceability records. Its core function is to protect the buyer from receiving fraudulent or substandard items, thereby reducing the risk of product failure, legal liability, and reputational harm.
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COUNTERFEIT WORK. (a) SELLER shall not deliver any Counterfeit Part to BUYER under this Order. “Counterfeit Part” means an unlawful or unauthorized reproduction, substitution, or alteration that has 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 parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
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. 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. (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" 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.
COUNTERFEIT WORK. (a) The following definitions apply to this clause:
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.
b. SELLER shall not deliver Counterfeit Work or Suspect Counterfeit Work to DRAKEN under this Contract.
c. SELLER shall only purchase products to be delivered or incorporated as Work to DRAKEN directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. SELLER may use another source only if (i) the foregoing sources are unavailable, (ii) SELLER’s inspection and other counterfeit risk mitigation processes will be employed to ensure the authenticity of the Work, and
COUNTERFEIT WORK. 1. Seller shall not furnish Counterfeit Work to Buyer. For purposes of this clause, Work consists of those parts delivered under this Purchase Order that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). "Counterfeit Work" means Work that is or contains 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.
COUNTERFEIT WORK. § 16.1 The following definitions apply to this clause:
COUNTERFEIT WORK. Seller is responsible to insure that all work, including the lowest level of separately identifiable items (for example: articles, components goods and assemblies’ deliverable under the contract) are not Counterfeit Work. “Counterfeit Work” means work/Goods that contain items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes work/Goods that have reached a design life limit or have been damaged beyond possible repair, but are altered and misrepresented as acceptable by Seller.