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DSCR

DSCR I237: SUPPLY WARRANTY EXTENDED 66 MONTHS

I237   52.246-9G14   WARRANTY OF SUPPLIES,    DSCR (JAN 1996)
AND                  EXTENDED (66 MONTHS) 
I46F33

    (a)  WARRANTY.

         (1)  Notwithstanding inspection and acceptance by the 
Government of any end item furnished under this contract, or any 
term or condition of this contract concerning the conclusiveness 
thereof, the contractor warrants that at the time of acceptance of 
each end item and continuing for a period of 66 months after each 
such acceptance:

              (i)  Each end item delivered under this contract will 
be free from defects in material and workmanship and will conform 
with all of the requirements of this contract; and

             (ii)  The preservation, packaging, packing and 
marking, and the preparation for, and method of, shipment of 
all end items will conform with the requirements of this contract.

         (2)  The warranties expressed herein are in lieu 
of any implied warranties of merchantability and fitness for 
a particular purpose.

    (b)  NOTIFICATION.

         (1)  The Government will be entitled to receive a refund 
of all or part of the contract price as provided in paragraph (c) 
for a breach of warranty for an end which is detected within 66 
months after acceptance of the end item, provided that an authorized 
Government official notifies the contractor of the breach.  The 
period for giving notice shall end 90 days after the expiration of 
the warranty for each end item.  In addition to notifying the 
contractor of a breach of warranty, the Government shall return 
to the contractor each item for which such notice is given.  The 
Government may return the item either before or after notifying 
the contractor of the breach.

         (2)  The notification shall set forth the date on which 
the breach of warranty on an end item was detected.

    (c)  REMEDY.

         (1)  With respect to each end item in which a breach of 
warranty is detected within 12 months after its acceptance, the 
contractor shall refund the full contract price.

         (2)  With respect to each end item in which a breach of 
warranty is detected more than 12 months but less than 66 months 
after its acceptance, the contractor will refund a portion of the 
contract equal to the unit price less 1/54th of such unit price for 
each month beyond 12 months that have passed from the date of 
acceptance of that end item until the date of detection of the 
breach of warranty on that end item.

         (3)  For any refund owed under this clause the contractor 
shall send a check, payable to the Accounting and Finance Officer, 
to the Defense Supply Center Richmond or to another location if so 
designated by the Contracting Officer,, within 30 days after receipt 
of a notification under paragraph (b) or within 30 days after receipt 
of the returned item, whichever occurs later.  Each such check will 
be substituted with a statement identifying the contractor, contract 
number, item name, national stock number, total amount of the check, 
and for each end item for which an amount is included:

              (i)  End Item Serial number;

             (ii)  Warranty expiration date;

            (iii)  Date notification of breach of warranty 
was received by the contractor; and

             (iv)  The amount included in the check for such 
end item.

    (d)  Transportation costs.  The Government will bear the cost 
of shipment of each end item returned to the contractor's plant.

    (e)  Government rights.  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 this contract.

    (f)  Title.  Title to a returned end item shall be deemed 
to be transferred to the contractor upon receipt by the Government 
of the refund for that item.

    (g)  Conditions.  With respect to each end item accepted by 
the Government under this contract, it shall be presumed that 
there has been a breach of warranty if at any time within 66 months 
after its acceptance such items fails to operate/perform as required, 
unless:

         (1)  The Government fails to return the end item to the 
contractor; or

         (2)  The contractor establishes that:

              (i)  The end item is not defective or 
nonconforming; or

             (ii)  The defect or nonconformity is attributable 
solely to improper or negligent installation, operation, handling, 
or maintenance of that end item by Government personnel; or

            (iii)  The defect or nonconformity is the result of 
damage in combat.

    (h)  Notification by the Contractor.

         (1)  The contractor will notify the Contracting Officer 
within 7 days of the receipt of each end item returned to it by 
the Government.  The notification will include the contract number, 
serial number, date of receipt, and name of activity returning the 
item.  The Government may inspect any returned item at a time and 
location agreed on by the parties.

         (2)  The contractor will notify the Contracting Officer 
within 30 days of its receipt of a notice of breach of warranty or 
the end item to which such notice applies, whichever occurs later, 
of any disagreement with the governments assertion of a breach of 
warranty.  The contractor may not thereafter assert in opposition 
to a claim of breach of warranty by the Government any fact about 
the condition of the end item that it knew of or could have known 
of by making a reasonable inspection of the end item within the 
above thirty day period.

    (i)  Definitions.

         (1)  "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 supplies, or approves specific services 
as partial or complete performance of the contract.

         (2)  "An authorized Government official," as used in this 
clause, means the Contracting Officer or a person designated by the 
contracting officer (either by name or by position).