As prescribed in 46.710-91 insert the following clause:
WARRANTY - ACCEPTANCE OF SUPPLIES (SEP 2008) - DLAD
This clause is applicable when surplus materials are accepted (DLAD 52.211-9000), when a Certificate of Conformance (FAR 52.246-15) supports or forms the basis for acceptance of supplies at origin by the Government, or when acceptance is performed by the Government at destination.
(a) The contractor warrants for a period of one year that the supplies at time of delivery conform to all contract requirements. If this warranty is breached, the Government may elect to:
(1) reject the supplies and require refund of contract price; or
(2) require the contractor at its expense to repair or replace the supplies; or
(3) repair or correct the supplies and charge the contractor for the costs the government incurred; or
(4) retain the supplies and require an equitable adjustment in the contract price.
(b) The Government shall mail or otherwise furnish notice to the contractor of the breach of this warranty within one year after date of delivery, inform the contractor of the remedy exercised and shall require the contractor to take action accordingly. Any disputes as to the breach of this warranty shall be resolved under the Disputes clause of the contract.
(c) The rights hereby provided the Government shall not be affected by other clauses concerning the conclusiveness of inspection and acceptance and are in addition to and do not limit any rights of the Government under other clauses of this contract.
(End of Clause)
