AAWSAP Solicitation and Original Order, September 2008

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(A} Fails to make redelivery of the corrected or
replaced supplies within the t i me
established for
t heir return; or
(C} May project warranty sampling resul ts over suppl ies
i n the same shi pment or other
supplies contained in other shipments even t hough all of such supplies are not present at the
poi nt of reinspecti on; provided,
that t he supplies remaini ng are reasonabl y
representati ve of the
quantity on which warranty action is proposed; and
(D} Need not use the same l ot s i ze as on ori ginal
i nspecti on or reconstitute the original
i nspection lots .
(i i) Within a reasonable time after notice of any breach of the warranties specified in
paragraph (b} (1) of
t his clause, the Contracti ng Officer may exercise one or more of the followi ng
options :
(A) Require an equitabl e adjustment i n the contract pri ce for any group of supplies .
(B) Screen the supplies grouped for warranty action under this clause at the Contractor ' ' s
expense and return
all nonconforming suppl ies to the Contractor for correction or replacement .
(C) Require the Contractor to screen the s upplies at
locations designated by the Government
within the contiguous United States and to correct or replace all nonconforming supplies .
(D} Return the suppl ies grouped for warranty action under this clause to the Contractor
(irrespective of t he
f . o . b . point or the poi nt of accept a nce) for screening and correction or
replacement .
( 4 )
(i) The Contracting Officer may, by contract or otherwise,
correct or replace the nonconformi ng
supplies with similar supplies from another source and c harge to the Contractor t he cost occasioned
to t he Government the reby i f the Contractor-­
(B) Fail s either to accept return of t he nonconforming suppl ies or fails to make progress
after their return t o correct or replace t hem so as to endanger perfor mance of the delivery
schedul e , and in e i ther of these circumstances does not cure such fai l ure within a period of 10 days
(or s uch l onger period
as t he Contracting Offi cer may authorize in writi ng) after receipt of notice
from t he Contracting Officer specifying s uch failure .
(5 ) The rights and remedies of the Government provided i n this clause are i n additi on to and do
not limit any rights afforded to the Gover nment by any other clause of this contract .
(End of Clause)
(ii ) I nstead of correcti on or replacement by the Government ,
t he Contracting Officer may require
an equitabl e
adjustment of the contract price . I n addition, if t he Contractor fai l s to furnish
timel y disposi t ion instruct ions, the Contracti ng Offi cer may dispose of the nonconforming supplies
for t he Contractor ' ' s account in a reasonable manner . The Government is entitled to reimbursement
from the Contractor, or from the proceeds of such disposal , for the reasonable expenses of t he
care and disposition of t he nonconforming supplies , as well as for excess costs incurred or to be
i ncurred .
I . 62
52 . 246- 18
WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAR 2001)
(a ) "Definitions . " As used i n this clause-­
"Acceptance" 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
suppli es, or approves specific services rendered, as partial or
compl ete performance of the
contract .
"Supplies " means the end items furnished by the Contractor and related services r equired under t he
contract . The word does not
include "data ."
(b) "Contractor ' ' s obl igations ."
(1 ) The Cont ractor warrants that for
a l l supplies furnished under this contract will be free
from defects in material and workmanship and will conform with all requirements of thi s contract;
provided, however, that with respect to Gover nme nt - furnished property, the Contractor ' ' s warranty
shall extend only to its proper installation, unless the Contractor performs some
modification
or othe r work on t he property, i n which
case the Cont ractor ' ' s warranty shal l e xtend to t he
modification or other work .
(2) Any supplies or parts t hereof corrected or furnished i n
replacement shall be subject to t he
conditi ons of this clause to the same extent as s upplies i niti ally delivered . This warranty shall
be equal i n duration to t hat set forth in paragraph (b) (1 ) of this clause and
shal l run from the
date of del ivery of the corrected or replaced suppl ies .
(3 ) The Contractor shall not be obligated to correct or replace supplies if t he facilities ,
tooling, drawings,
or other equipment or suppl ies necessary to accompl ish the correction or
replacement have been made unavailable to the Contractor by action of the Government . In t he
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