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DSCR

DSCR I233: WARRANTY OF HAZARDOUS MATERIAL

I233   52.246-9G03   WARRANTY OF HAZARDOUS MATERIALS  DSCR (JAN 1996)
AND
I46F31

    (a)  Supplies to be delivered under this contract are considered 
hazardous as defined by FED-STD-313 (latest revision) or by the 
Government's technical representative.  Accordingly, notwithstanding 
inspection at origin, the Inspection of Supplies Clause, or any other 
provision of this contract, the Government shall have the option to 
accept at destination supplies damaged in transit and/or nonconforming 
to the packaging, packing and marking (PP&M) requirements, and by 
contract or otherwise and without advance notification to the Contractor:

         (1)  Correct such damage and/or nonconformity; and

         (2)  Remove hazardous material spills and/or leakage 
resulting from damage in transit and/or nonconforming PP&M.  
The Contractor shall be liable for all costs related to such 
correction and removal.

    (b)  If this is a purchase order and the vendor furnished supplies 
that are not in conformance with the PP&M requirements specified, such 
action shall not be deemed a counter offer but shall be deemed an 
acceptance by the vendor of the terms of the Government's offer as 
set forth in this purchase order.

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