(2) Right to Equitable Adjustment. If the Government does not re-quire correction or replacement of defective or
nonconforming supplies, the Government shall be entitled to an equitable reduction in the price of such supplies.
d. Notification. The Government shall notify the contractor in writing of any breach of the warranty provision within
one year after the last delivery made by the contractor under this contract. Within 20 days after receipt of notice, the
contractor shall submit to the contracting officer a written recommendation as to the corrective action required to remedy
the breach. Within a reasonable time after receipt of the con-tractor's recommendation for corrective action, the
contracting officer may in writing direct correction or replacement as provided in above, and the contractor shall comply
with such directive, not withstanding any disagreement regarding the existence of a breach of warranty. If it is later
determined that the contractor did not breach the warranty the con-tract price will be equitably adjusted in accordance with
the procedure prescribed by ASPR 7-103.2 entitled "changes."
e. If the contractor fails to respond to the Government's notice of breach of this warranty or fails to comply with the
Government's directive to correct or replace, and does not cure such failure within a period of ten days after receipt of
notice from the contracting officer specifying such failure, the contracting officer, by contract or otherwise, may either
correct or replace the nonconforming supplies and charge the cost thereof to the contractor, or demand an equitable
adjustment in price as provided in paragraph (c) (2) above.
f. Any supplies or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to
all the provisions of this clause to the same extent as supplies initially delivered. The warranty with respect to such
supplies or parts thereof shall be equal in duration to that set forth in paragraph (b) above, and shall run from the date of
delivery of such corrected or replaced supplies.
g. All implied warranties of "merchantability" and "fitness for a particular purpose" are hereby excluded from any
obligation contained in this contract.
h. The rights and remedies of the Government provided in this pro-vision shall not be affected in any way by any
other provision of this contract concerning the conclusiveness of inspection and acceptance and are in addition to, and do
not limit any rights afforded to the Government by any other provisions of this contract.
i. In addition to the marking requirements of this contract, either the package of each warranted item or each
warranted item itself must be marked by the contractor by affixing a cloth tag or durable label which will state the contract
number and that "this item is warranted for (insert number of days required by this provision) after (indicate acceptance
date." The DD 250, MIRR, accompanying each shipment must include the words "warranted item" in the next preprinted
line following the line item description in Block 16 thereof.
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