71 III E

G ENERAL
I NFORMATION
SCHEDULE INFORMATION
CONTRACTOR PERFORMANCE
INSPECTION
This schedule provides for inspection at destination. FPMR 101–26.403 and FAR 8.405 provide specific instructions to
agencies regarding inspection.
WARRANTY
(a) Group V Only. See the contractor’s catalog/price list.
(b) The following applies to all items except Group V:
(1) Notwithstanding inspection and acceptance by the government of supplies furnished under the contract or any
provision of this contract concerning the conclusiveness thereof, the contractor warrants that for one year all
supplies furnished under this contract will be free from defects in material or workmanship and will conform with
the specifications and all other requirements of this contract. Further, the contractor certifies that the supplies will
be suitable for their intended purpose. Unless otherwise provided, this warranty period shall begin 60 days after
date of shipment.
(2) Unless otherwise provided, this warranty is applicable both within and outside the continental limits of the United
States.
(3) Within a reasonable time after discovery of any breach of this warranty, the contracting officer or other government
representative shall give written notice to the contractor and either (a) require 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 (1) of this clause; or (b) retain such supplies,
whereupon the contract price thereof shall be reduced by the contracting officer an amount that is negotiated and
agreed upon as being equitable under the circumstances, and the contractor shall promptly make appropriate
repayment.
(4) When return, correction or replacement is required, the contracting officer or other government representative shall
return the supplies or parts thereof, where feasible, and transportation charges and responsibility for such supplies
while in transit shall be borne by the contractor. However, the contractor’s liability for such transportation charges
shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment
between the designated point under this contract and the contractor’s plant and return.
(5) If the contractor fails or refuses to correct or replace the nonconforming supplies within a period of 10 days (or
such longer period as the contracting officer may authorize in writing) of receipt of notice from the contracting
officer or other government representative, specifying such failure or refusal, the contracting officer may, by
contract or otherwise, correct or replace them with similar supplies and charge to the contractor the cost
occasioned to the government thereby. 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, in which case the government is entitled to reimbursement from the contractor or from the proceeds for
the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs
incurred or to be incurred.
(6) 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.
(7) Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of
act within the meaning of the disputes clause of this contract.
(8) The word “supplies” as used herein includes related services.
(9) 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 the contract.
(10) In addition to other marking requirements of this contract, the container of all warranted items shall be clearly
marked by the contractor by affixing a cloth tag or durable label that must set forth the contract number and state:
“This item is warranted for one year.” (Unless otherwise provided, contractor will enter effective date computed by
adding 60 days to the shipping date.)
10 www.fss.gsa.gov