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Section 5452.246-9055: Warranty of Supplies and Virtual Prime Vendor

As prescribed in 46.710-92 insert the following clause:

WARRANTY OF SUPPLIES AND VIRTUAL PRIME VENDOR (SEP 2008) - DLAD

(a) General Application.

(1) The Contractor warrants, at the time of delivery to the user and for one year thereafter, that the supplies delivered conform to all the technical requirements of the delivery order. Contractor further warrants the supplies are free from defects in workmanship or material. Within a reasonable period of discovering any defect, but not later than 30 days after the warranty period, the Government shall give the Contractor written notice of any defect, except as provided in subsection (a)(2) or (3). The Contractor shall replace the nonconforming supplies within the time period allowed in the current Order to Ship Time (OST) or Contractor Processing Time (CPT), as applicable, performance metric for routine requisitions. This period begins upon receipt of the Government's notice. The Contractor is responsible for all costs incurred in returning and replacing the nonconforming supplies.

(2) On-site Liaison. For supplies delivered to customers operating where the Contractor has an on-site liaison, the warranty in section (a)(1) applies except that the customer may notify the contractor liaison of a nonconforming supply via email and may return the nonconforming supply to the liaison.

(3) Off-site Liaison. For supplies delivered to customers operating where the Contractor has an off-site liaison, the warranty in section (a)(1) applies except that the customer may notify the contractor liaison of a nonconforming supply via email.

(b) The benefits conferred by this warranty shall operate independently of, and be supplemented by, the benefits conferred by any manufacturer's or supplier's warranty.

(c) The liaison must immediately document in writing any reported discrepancy to the Administrative Contracting Officer and any disposition instruction provided by the liaison. The Contractor shall make available on its website all relevant information about reported discrepancies, defects, and actions taken.

(End of Clause)




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