TB 11-5825-291-30
b. are in addition to, and do not limit, any rights afforded to the government by any
other clause in the contract
c.
will survive final payment, unless sooner extinguished.
In no event will the government be responsible for any extension or delays in the
scheduled deliveries or periods of performance in the contract as a result of the
contractor's obligations to correct defects. Nor will there be any adjustment of the
delivery schedule or period of performance as a result of the correction of defects unless
provided by a supplemental agreement with adequate consideration.
Failure to agree will be deemed to be a dispute concernng a question of fact
i
within the meaning of the contract.
Shipment of defective units to the contractor's facility will be at government
expense. Shipment from the contractor's facility back to the owning unit will be at
contractors expense.
4.3. Warranty Duration
The time period or duration of the warranty is as specified in section 3 and has
been established after consideration of such factors as: the estimated useful life of the
item; the nature of the item, including storage or shelf-life; and trade practice. The
period specified will not exceed the contractor's liability for patent defects beyond a
reasonable time after acceptance by the government.
4.4. Notice
The warranty will specify a reasonable time, within five working days, for
furnishing notice to the contractor regarding the discovery of defects. This notice period,
which applies to all defects discovered during the warranty period, will be long enough to
ensure that the government has adequate time to give notice to the contractor. The
contracting officer will consider the following factors when establishing the notice period:
a. The time necessary for the government to discover the defects.
b. The time reasonably required for the government to take necessary
administrative steps and make a timely report of discovery of the defects to the
contractor.
c.
The time required to discover and report defective replacements.
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