TB 5-3805-258-15
elected to correct the defect, in the field or the
(2) to direct the contractor to correct the defect.
c o n t r a c t o r ' s facility. Contractor shall advise the equip-
c. W a r r a n t y C o n t r o l O f f i c e ( W A R C O ) R e s p o n -
ment using activity verbally at least 48 hours prior to cor-
sibilities. All warranty claims will be processed through
rection, and the U.S. Army Tank-Automotive Command
the WARCO as outlined in DA PAM 738-750, Function
AMSTA-MMAP, in writing within 5 days of formal notifica-
Users Manual for the Army Maintenance Management
tion with the following information: facility, location of
System (TAMMS).
facility, the time frame in which the defect(s) will be cor-
rected, and what dealer or individual(s) will perform the
7. Army Oil Analysis Program (AOAP).
work. Should the contractor fail to accomplish required
warranty corrections within 10 working days after formal
The Army Oil Analysis Program (AOAP) laboratory
notification, (or within such other time the parties may
recommendation to change oil and filter will apply.
otherwise agree to in writing) the contractor agrees to ex-
However, oil and filter changes will not exceed the
tend, at no additional cost, the terms of coverage of this
change interval (calendar, miles, or hours) established
warranty for a time equal to the period beginning with
by the manufacturer during the warranty period. (refer to
Government formal notification until such date the
TB 43-0210).
defects are corrected.
8. Alterations/Modifications. Alterations and modifica-
5. Contractor Rights and Remedies.
tions shall not be made unless expressly authorized by:
The contractor shall retain the right to inspect any
Commander
defective supplies, wherever located, within 30 days of
U.S. Army TACOM
notification, for the purpose of evaluating the cause of or
ATTN:AMSTA-MVB
the existence of the defect(s). If the contractor does not
Warren, Michigan 48397-5000
choose to inspect the supplies within the 30 day period,
the Government will dispose of defective supplies. The
9. Nullification.
above described inspection right, however, does not
relieve the contractor of his responsibility to immediate-
The warranty set forth in this clause shall
not apply
ly initiate the warranty corrective action when notified by
to any damage or failure to perform caused by
misuse or
t h e Government of a warranty claim. Further, such in-
abuse of the end items or by the Government's
failure to
spection right does not preclude the Government from
perform proper maintenance or service on the
vehicle.
immediately initiating correction.
10. Claim Procedures.
6. Government Responsibilities.
The procedures for reporting warranty claims are
a. The Major Subordinate Command responsible for
found in DA PAM 738-750. For all levels of maintenance
administration of the Loader, Scoop program is the U.S.
operating under the Standard Army Maintenance Sys-
Army Tank-Automotive Command, Warren, Michigan
tem (SAMS), Warranty Claim Actions are processed on
48397-5000. TACOM is responsible for managing the
DA Forms 5504 and 5504-1. For those units not operat-
warranty and implementing the warranty clause in the
ing under SAMS, use DA Form 2407 and DA Form 2407-
contract.
1. It is very important to fill in the blocks on the forms as
accurately as possible. All forms should be processed in
b. The contractor shall be notified in writing (DA
accordance with directives in DA PAM 738-750. Double
Forms 5504 or 2407), or verbally, with confirmation in
check to make sure any defective parts are covered by
writing (DA Forms 5504 or 2407), following discovery of
the warranty before taking them to a dealer or contrac-
the defect or systemic defect in the supplies. Notification
tor facility.
shall include as a minimum (1) equipment serial number,
(2) operating hours or miles on equipment, (3) part num-
b e r or NSN of defective part, (4) circumstances sur-
rounding defect or fialure, (5) location of equipment, (6)
Failed Items shall be tagged/identified to prevent im-
unit identification code (UIC), (7) point of contact with
proper repair or use. Documents that describe the use
telephone number. At this time, the contractor will further
of DA Form 2402 exchange TAG and DA Forms 2407
be informed whether the Government has elected:
and 5504, Maintenance Request, shall be referenced.
Items requiring special handling, storage, or shipment
(1) to correct the defect itself or;
during the processing of claims shall be identified.
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