TB 9-1005-317-23
or use of the weapon for other than its intended purpose will also
render the warranty void where the failure is due to this action/lack
of action.
12. Abuse Determination. Where abuse is not obvious but suspected,
the WARCO/Logistic Assistance Representative (LAR) shall make the
determination as to whether the warranty applies.
In the event the
contractor disputes the finding, the final determination rests with
the Government. Where it is determined that abuse is the cause of
the discrepancy, or in the event of combat damage, the item shall be
repaired if possible and the warranty shall be considered void there-
after. A notation on the weapon Serial Number Control Card (see
under warranty unless the warranty period has lapsed. The Product
Assurance Directorate, U.S. Army Armament, Munitions and Chemical
Command (AMSMC-QA), shall be advised by the WARCO/LAR of any finding/
action under this paragraph.
13. Abuse Avoidance. When abuse (intentional or unintentional) has
been determined, a statement shall be made by the abuse determination
activity as to how abuse can be avoided in the future, and noted on
SF 368.
Claim Procedures.
a.
Identification of Failed Items. Upon discovery of a defective
M9 pistol or any component thereof, a SF 368 will be initiated in
accordance with (IAW) organization procedures (see appendix C).
b. Disposition.
Maintenance (DS) will receive the deficient
item(s) and make necessary repairs. The defective item will be tagged
and held by the repairing activity for 180 days or until disposition
instructions are received. Repair costs will be entered in Block 18
of the SF 368 which will then be forwarded in accordance with the
organization's chain of command (see appendix D).
(1) False Returns. Government units returning items to the
contractor for repair which are found to be serviceable will be
penalized for the cost, loss of time, nonavailability of the items,
or other restrictions. False returns will be monitored by the U.S.
Army Armament, Munitions and Chemical Command, Rock Island, IL.
Pistols and/or parts will not be shipped to the contractor without
prior approval from the WARCO.
(2) Receipts/Verification of Contractor Repairs. When the
contractor requests return of the exhibit, Maintenance (DS) will pack
the exhibit in such a manner as to preclude further damage and ship
to the depot for return to the contractor in accordance with instruc-
tions received from HQ, AMCCOM. All Reports of Discrepancy will be
investigated by HQ, AMCCOM.
If the failure is significant or system
wide, AMSMC-QA will request reimbursement or repair/replacement from
the contractor. The contractor, upon notice of a significant or
systemwide failure from AMSMC-QA, will provide shipping instructions
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