TM 5-3820-245-14&P
2-12. WARRANTY
The contractor warrants for 15 months after acceptance, all supplies furnished under this contract will be free from
defects in design (except to the extent that design is specified by the contract specifications), material and workmanship,
and will conform with the specifications and all other requirements of the contract. The contractor will include a copy of
all such warranties in the operator's manual, furnished for each Earth Auger. Failure of defective components, parts, or
assemblies covered by the manufacturer's warranty will be processed by the using unit under the warranty claims actions
published in TM 38-750, paragraph 3-7.4.2.
COMMERCIAL VEHICLE WARRANTY
a. Definitions
(1) The word "acceptance" as used herein means the execution of the Acceptance Block and signing of a DD
Form 250 by the authorized government representative.
(2) The word "supplies" as used herein means the end item and all parts and accessories thereof, furnished by
the contractor, and any related services required under this contract. The word does not include technical data.
(3) Notwithstanding inspection and acceptance by the government of the supplies furnished under the contract
or any provision of this contract concerning the conclusiveness thereof, the contractor hereby warrants that the supplies
are free from defects in material, and workmanship and will conform with the specifications and all other requirements of
this contract for a period of 15 months from date of acceptance, as shown on the Material Inspection and Receiving
Report (DD Form 250) or 1500 hours of operation, whichever occurs first. Further, if the government, prior to placing
vehicles in service, elects to place quantities of such newly delivered vehicles in government depot storage, the
contractor agrees that the time period of the warranty will not begin to run for such stored vehicles until each vehicle is
withdrawn from government storage or until six months from date of acceptance, which ever occurs first. The
government prior to placing each new vehicle in storage and again at time of its withdrawal, shall notify the contractor
thereof and identify each vehicle at its time in and out of storage. Vehicles designated as Production Samples shall be
treated as vehicles placed in storage for warranty purposes. If-a Safety Recall defect occurs during vehicle warranty
period, the contractor agrees to extend the term of the warranty by a period of time equal to the time period required to
make necessary safety defect corrections. Additionally, to the extent the contractor or his supplier(s) provide to
commercial customers a greater warranty for the supplies furnished herein, the contractor hereby likewise provides such
greater warranty to the government. To the extent the terms of such greater warranty are inconsistent with or conflict
with this warranty, the provisions of such greater warranty shall govern.
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