2-12.
WARRANTY
The contractor warrants for one year 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 38-75), paragraph 3-7.4.2.
COMMERCIAL VEHICLE WARRANTY
a. Definitions
(1) Acceptance. The word "acceptance" means the completion of the acceptance block and signing the DD Form 25)
by an authorized Government representative.
(2) Supplies. The word "supplies" means the end item furnished by the contractor and any related services required
under the contract; however, technical data is not included.
b. Warranty. The contractor warrants for one year 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; except that with respect
to Government furnished property, the contractor's warranty shall extend only to its proper installation, unless the
contractor per-forms some modification or other work on such property, in which case the contractor's warranty shall
extend to such modification or other work.
c. Remedies
(1) Right to Corrective or Replacement Action. If the warranty provided herein is breached, the Government at no increase
in pay may (1) require the contractor at the CONUS place of delivery specified in the contract (irrespective of the f.o.b.
point or the point of acceptance) or at the contractor's plant to repair or replace (at the contractor's option) defective or
nonconforming supplies, or (2) require the contractor to furnish at the CONUS delivery point such materials or parts and
installation instructions as may be necessary to accomplish the required correction. When supplies are returned to the
contractor, the contractor shall bear transportation costs from the CONUS delivery point specified in the contract
(irrespective of the f.o.b. point or the point of acceptance) to the contractor's plant and return. The contractor shall be liable
for reasonable cost of disassembly/reassembly of larger items necessary to remove the supplies to be inspected and/or
returned for correction or replacement.
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