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DSCR

DSCR I231: WARRANTY OF SUPPLIES NONCOMPLEX

I231   52.246-9G01   WARRANTY OF SUPPLIES OF A    DSCR (MAY 2001)
AND                  NON-COMPLEX NATURE
I46F30


    (a)  Definitions:  "Acceptance," as used in this clause, 
means the act of an authorized representative of the Government 
by which the Government assumes for itself, or as an agent of 
another, ownership of existing supplies, or approves specific 
services as partial or complete performance of the contract.  
"Supplies," as used in this clause, means the end items furnished 
by the Contractor and related services required under the contract.  
The word does not include "Data."

    (b)  Contractor's Obligations.

         (1)  Notwithstanding inspection and acceptance by 
the Government of supplies furnished under this contract, or 
any condition of this contract concerning the conclusiveness 
thereof, the Contractor warrants that at time of delivery:

              (i)  All supplies furnished under this contract 
will be free from defects in design, material or workmanship and 
will conform with the requirements of this contract; and

             (ii)  The preservation, packaging, packing, and 
marking, and the preparation for, and method of, shipment of 
such supplies will conform with the requirements of this contract.

         (2)  When return, correction, or replacement is required, 
transportation charges and responsibility for the supplies while 
in transit shall be borne by the Contractor.  However, the 
Contractor's liability for the transportation charges shall not 
exceed an amount equal to the cost of transportation by the usual 
commercial method of shipment between the place of delivery specified 
in this contract and the Contractor's plant, and return.

         (3)  Any supplies or parts thereof, corrected or 
furnished in replacement under this clause, shall also be 
subject to the terms of this clause to the same extent as 
supplies initially delivered.  The warranty, with respect 
to supplies or parts thereof, shall be equal in duration to 
that in paragraph (c)(1) of this clause and shall run from 
the date of delivery of the corrected or replaced supplies.

    (c)  Remedies Available to the Government.

         (1)  The Contracting Officer shall give written 
notice to the Contractor of any breach of warranties in 
paragraph (b)(1) of this clause within one year from the 
last delivery under the contract.

         (2)  Within a reasonable time after the notice, the 
Contracting Officer may either -

              (i)  Require, by written notice, the prompt 
correction or replacement of any supplies or parts thereof 
(including preservation, packaging, packing and marking) 
that do not conform with the requirements of this contract 
within the meaning of paragraph (b)(1) of this clause; or

             (ii)  Retain such supplies and reduce the contract 
price by an amount equitable under the circumstances.

         (3)  (i)  If the contract provides for inspection of 
supplies by sampling procedures, conformance of supplies or 
components subject to warranty action shall be determined by 
the applicable sampling procedures in the contract.  The 
Contracting Officer -

                   (A)  May, for sampling purposes, group any 
supplies delivered under this contract;

                   (B)  Shall require the size of the sample to 
be that required by sampling procedures specified in the contract 
for the quantity of supplies on which warranty action is proposed;

                   (C)  May project warranty sampling results over 
supplies in the same shipment or other shipments even though all 
of such supplies are not present at the point of reinspection; 
provided, that the supplies remaining are reasonably representative 
of the quantity on which warranty action is proposed; and

                   (D)  Need not use the same lot size as on 
original inspection or reconstitute the original inspection lots.

             (ii)  Within a reasonable time after notice of any 
breach of the warranties specified in paragraph (b)(1) of this 
clause, the Contracting Officer may exercise one or more of the 
following options:

                   (A)  Require an equitable adjustment in the 
contract price for any group of supplies.

                   (B)  Screen the supplies grouped for warranty 
action under this clause at the Contractor's expense and return 
all nonconforming supplies to the Contractor for correction or 
replacement.

                   (C)  Require the Contractor to screen the 
supplies at locations designated by the Government within the 
continental United States and to correct or replace all 
nonconforming supplies.

                   (D)  Return the supplies grouped for warranty 
action under this clause to the Contractor (irrespective of the 
f.o.b. point or the point of acceptance) for screening and correction 
or replacement.

         (4)  (i)  The Contracting Officer may, by contract or 
otherwise, correct or replace the nonconforming supplies with similar 
supplies from another source and charge to the Contractor the cost 
occasioned to the Government thereby if the Contractor;

                   (A)  Fails to make redelivery of the corrected or
 replaced supplies within the time established for their return; 
or

                   (B)  Fails either to accept return of the 
nonconforming supplies or fails to make progress after their 
return to correct or replace them so as to endanger performance 
of the delivery Schedule, and in either of these circumstances does 
not cure such failure within a period of ten (10) days (or such 
longer period as the Contracting Officer may authorize in writing) 
after receipt of notice from the Contracting Officer specifying such 
failure.

             (ii)  Instead of correction or replacement by the 
Government, the Contracting Officer may require an equitable 
adjustment of the contract price.  In addition, if the Contractor 
fails to furnish timely disposition instructions, the Contracting 
Officer may dispose of the nonconforming supplies for the Contractor's 
account in a reasonable manner.  The Government is entitled to 
reimbursement from the Contractor, or from the proceeds of such 
disposal, for the reasonable expenses of the care and disposition 
of the nonconforming supplies as well as for excess costs incurred 
or to be incurred.

         (5)  If contract is for other than commercial items, all 
implied warranties of merchantability and "fitness for a particular 
purpose" are hereby excluded from any obligation contained in this 
contract.

         (6)  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 of this contract.