Counterfeit Parts:
If suspect/counterfeit parts are furnished to CUSTOMER by SUPPLIER under the Order, or are found in any of the Products delivered hereunder, such items will be impounded by CUSTOMER. The SUPPLIER shall promptly replace such suspect/counterfeit parts with parts acceptable to CUSTOMER, and SUPPLIER shall be liable for all costs relating to the removal and replacement of said parts, including without limitation, CUSTOMER’s external and internal costs of removing such counterfeit parts, of reinserting replacement parts and of any testing necessitated by the reinstallation of SUPPLIER’s Products after counterfeit parts have been exchanged. SUPPLIER shall be fully liable for all such costs, even if such cost might be considered indirect, special or consequential damages. SUPPLIER’s liability for suspect/counterfeit parts shall not expire for sixty (60) months after delivery. At CUSTOMER’s request, SUPPLIER shall return any removed counterfeit parts to CUSTOMER in order that CUSTOMER may turn such parts over to its customer for further investigation. SUPPLIER agrees that any government or quasi-government directive, such as a GIDEP alert, indicating that such parts are counterfeit, shall be deemed definitive evidence that SUPPLIER’s parts contain counterfeit parts.
