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DSCR

DSCR I237C: WARRANTY OF SUPPLIES OF A COMPLEX NATURE

I237C   52.246-9G28   WARRANTY OF SUPPLIES OF A  DSCR (MAY 2001)
AND                   COMPLEX NATURE - IPE
I46F35


    (a)  Definitions:  "Acceptance," as used in this clause, 
means the act of an authorized representative of the Government 
by which the Government assumes for itself, or as an agent of 
another, ownership of existing and identified supplies, or 
approves specific services rendered, as partial or complete 
performance of the contract.  "Supplies," as used in this clause, 
means the end items furnished by the Contractor and related 
services required under this contract.  The word does not 
include "Data."

    (b)  Contractor's obligations.

         (1)  The Contractor warrants that for one (1) year 
all supplies furnished under this contract will be free from 
defects in material and workmanship and will conform with all 
requirements of this contract.  Warranty period begins from the 
date of acceptance.

         (2)  Any supplies or parts thereof corrected or furnished 
in replacement by the Contractor shall be subject to the conditions 
of this clause to the same extent as supplies initially delivered.
This warranty shall be equal in duration to that set forth in 
paragraph (b)(1) of this clause and shall run from the date of 
delivery of the corrected or replaced supplies.

         (3)  When the machine is inoperable because of a defect, 
deficiency and/or nonconformance subject to the Contractor's warranty, 
and after the Contractor has received written notice of the defect, 
deficiency or nonconformance, the warranty shall be extended for the 
time period during which the machine was inoperable (i.e., length 
of time from when Contractor receives notification until machine is 
operable.)

         (4)  The Contractor shall not be obligated to correct or 
replace supplies if the facilities, tooling, drawings, or other 
equipment or supplies necessary to accomplish the correction or 
replacement have been made unavailable to the Contractor by action 
of the Government.  In the event that correction or replacement has 
been directed, the Contractor shall promptly notify the Contracting 
Officer, in writing, of the nonavailability.

         (5)  The Contractor shall also prepare and furnish to
 the Government data and reports applicable to any correction 
required (including revision and updating of all affected data 
called for under this contract) at no increase in the contract 
price.

         (6)  When supplies are returned to the Contractor, the 
Contractor shall bear the transportation costs from the place of 
delivery specified in the contract (irrespective of the f.o.b. 
point or the point of acceptance) to the Contractor's plant and 
return.  When defective items are returned to the Contractor from 
other than the place of delivery specified in the contract, or 
when the Government exercises alternate remedies, the Contractor's 
liability for transportation charges incurred shall not exceed an 
amount equal to the cost of transportation by the usual commercial 
method of shipment between the place of delivery specified in the 
contract and the Contractor's plant and subsequent return.

          (7)  All implied warranties of merchantability and 
"fitness for a particular purpose" are excluded from any obligation 
contained in this contract.

    (c)  Remedies Available to the Government.

         (1)  In the event of a breach of the Contractor's warranty 
in paragraph (b)(1) and (b)(2) of this clause, the Government may, 
at no increase in contract price-

              (i)  Require the Contractor, at the place of 
delivery specified in the contract (irrespective of the f.o.b. 
point or point of acceptance) or at the Contractor's plant, to 
repair or replace, at the Contractor's election, defective or 
nonconforming supplies, or

             (ii)  Require the Contractor to furnish at the 
Contractor's plant the materials or parts and installation 
instructions required to successfully accomplish the correction.

            (iii)  Where it is impracticable for the Government 
to pursue remedies at (i) and (ii), the Government may arrange for 
the repair or replacement of defective or nonconforming supplies by 
the Government or by another source at the Contractor's expense.
Where the Government is to accomplish the repair, the Contractor at 
the Government's option will furnish the material or parts and the 
instruction required to successfully accomplish the repair.

         (2)  If the Contracting Officer does not require correction 
or replacement of defective or nonconforming supplies or the Contractor 
is not obligated to correct or replace under paragraph (b)(4) of this 
clause, the Government shall be entitled to an equitable reduction 
in the contract price.

         (3)  The Contracting Officer shall notify the Contractor in 
writing of any breach of the warranty in paragraph (b) of this clause 
within a reasonable period, but not later than 45 days after discovery 
of the defect.  The Contractor shall submit to the Contracting Officer 
a written recommendation within 2 working days as to the corrective 
action required to remedy the breach.  After the notice of breach, 
but not later than 5 days after receipt of the Contractor's 
recommendation for corrective action, the Contracting Officer may, 
in writing, direct correction or replacements in paragraph (c)(1) of 
this clause, and the Contractor shall, notwithstanding any 
disagreement regarding the existence of a breach of warranty, 
comply with this direction within 5 days of receipt.  If it is later 
determined that the Contractor did not breach the warranty in 
paragraph (b)(1) and (b)(2) of this clause, the contract price will 
be equitably adjusted.

         (4)  If supplies are corrected or replaced, the period for 
notification of a breach of the Contractor's warranty in paragraph (c)
(3) of this clause shall be 45 days from the discovery of the defect.

         (5)  The rights and remedies of the Government provided in 
this clause are in addition to and do not limit any rights afforded 
to the Government by any other clause of the contract.

         (6)  The Contractor shall be liable for the reasonable 
costs of disassembly and/or reassembly of larger items when it is 
necessary to remove the supplies to be inspected and/or returned for 
correction or replacement.

NOTE:  FAR CLAUSE 52.246-18 IS APPLICABLE ONLY IF ITEM(S) ARE PLACED 
IN USE WITHIN THE LAND AREA OF THE UNITED STATES CONTIGUOUS TO THE 48 
STATES.