Supplier will not deliver Counterfeit Parts under this Agreement. Supplier will only purchase supplies to be delivered or incorporated in the Product directly from the original component manufacturer (“OCM”), original equipment manufacturer (“OEM”), or through an OCM/OEM authorized distributors or brokers. Parts will not be acquired from independent distributors or brokers other than in accordance with Supplier’s approved processes.
Supplier will promptly notify Customer if Supplier suspects that it has provided Counterfeit Parts. Upon request, Supplier will provide Customer with relevant facts and will provide OCM/OEM documentation that authenticates traceability of the Components to the applicable OCM/OEM. If Supplier determines that it has, in fact, provided Counterfeit Parts, Supplier will provide written notice within forty-eight (48) hours of such determination.
This Quality Clause 400 applies in addition to any quality provisions, technical specifications, or other terms or conditions of this Agreement addressing the authenticity of Components. To the extent such provisions conflict with this Quality Clause 400, this Quality Clause will prevail.
If a Product delivered under this Agreement constitutes or includes Counterfeit Parts, Supplier will, at its cost, promptly replace such Counterfeit Parts with genuine Components conforming to the requirements of this Agreement. Notwithstanding any other term or condition of this Agreement, Supplier will be liable for reasonable costs for genuine replacement Components, shipping costs, costs of removing Counterfeit Parts, and costs of installing replacement Components.
QC400 - Counterfeit Parts
Effective: 12/1/2020