TM 5-3820-245-14&P
breach, but not later than 30 days after receipt of the contractor's recommendation for corrective action, the Contracting
Officer will, in writing, notify the contractor of the parts used by the government in repair or replacement and all other
costs or expenses required for government correction of warranty defect as set forth in the paragraph d, above. The
contractor shall respond within 30 days after receipt of this notice, of his intention to furnish identified replacement parts
and/or cost reimbursements to the government. In the event it is later determined that the contractor did not breach the
warranty in paragraph c, above, the contract price will be equitably adjusted pursuant to the terms of the "Changes"
clause of the contract. Failure to agree to such an equitable adjustment or upon any determination to be made under this
clause shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.
(7) Any supplies or parts thereof corrected or furnished in replacement pursuant to this clause shall also be
subject to all provisions of this clause to the same extent as supplies initially delivered.
The contractor shall prepare and furnish to the government, data and reports applicable to any correction
required under this clause (including revision and updating of all affected data called for under this contract) at no
increase in the contract price.
The contractor shall furnish with his proposal a listing of distributors, dealers, franchise outlets where
warranty claims may be exercised.
(8) The contractor will take all actions necessary to assure that all current flat rate time schedule manuals
concerning vehicles under contract are on file with the TACOM Maintenance Directorate (DRSTA-M), or if not on file,
within 60 days after contract award and furnish same to said Maintenance Directorate.
(9) A synopsis or simplified summary of the warranty coverage and its implementation will be imprinted on a
decalcomania approximately 3" x 4" and shall be mounted in view of the operator as near as possible to the center of the
instrument panel of each vehicle. On those vehicles requiring concealed markings and registration numbers, said
decalcomania shall be placed in a readable position on the engine side of the firewall.
(10) 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 in the contract.
2-13. EQUIPMENT IMPROVEMENT RECOMMENDATIONS (EIRs)
Submit EIRs in accordance with instructions contained in TM 38-750.
2-14. DESTRUCTION TO PREVENT ENEMY USE
Refer to TM 750-244-3, procedures for destruction of equipment to prevent enemy use.
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