Counterfeit Materials Avoidance ISO 9001
Supplier shall establish and maintain a material authenticity process that ensures the requirements of these clauses or other authenticity requirements in the Order are met. Supplier’s obligation to substantiate authenticity shall survive acceptance of and payment for Products delivered under this Order.
Supplier shall not furnish suspect counterfeit or counterfeit parts to Buyer under the Order. All material delivered under the Order shall be authentic and traceable to the original manufacturer. Supplier shall provide authenticity and traceability records to Buyer upon request. Supplier shall immediately notify Buyer if Supplier cannot provide electronic parts, components, and/or assemblies traceable to the original component manufacturer or the original equipment manufacturer. Upon receipt of such notification, Buyer reserves the right to terminate this Order at no cost to Buyer or require specific material validation test and inspection protocol requirements to Supplier.
If suspect counterfeit or counterfeit parts are furnished under the Order and are found in any of the Products delivered hereunder, such items will be impounded by Buyer. Supplier shall promptly replace such suspect/counterfeit parts with parts acceptable to the Buyer. Supplier shall be liable for all costs relating to the removal and replacement of said parts, including without limitation Buyer’s external and internal costs of removing such suspect/counterfeit parts, of reinserting replacement parts and of any testing or validation necessitated by the reinstallation of Supplier’s Products after suspect/counterfeit parts have been exchanged. Buyer’s remedies described herein shall not be limited by any other clause agreed upon between Buyer and Supplier in the Order and are in addition to any remedies Buyer may have at law, equity or otherwise under the Order. At Buyer’s request, Supplier shall return any removed suspect counterfeit or counterfeit parts to Buyer in order that Buyer may turn such parts over to its U.S. Government customer for further investigation. For purposes of this clause, Supplier agrees that any U.S. Government directive/information or GIDEP alert, indicating that such parts are suspect counterfeit or counterfeit, shall be deemed definitive evidence that Supplier’s Products contain suspect counterfeit or counterfeit parts.