Contractor Rights and Remedies

TB 5-2410-236-15

contractor to correct the supplies, the contractor will

defects are corrected

furnish all material required to correct the defects

Contractor will provide a copy of the work order to the

Contractor Rights and Remedies

using unit which as a minimum will identify the (I) specific

The contractor shall retain the right to inspect any

defect(s), (II) corrective action, (III) all parts required, (IV)

defective supplies, wherever located, within 30 days of

labor hours used and (V) serial number of the end item

notification, for the purpose of evaluating the cause of or

This work order should be submitted to TACOM attached

the existence of the defect(s) If the contractor does not

to the warranty claim sub-mission (DA Forms 2407 or

choose to inspect the supplies within the 30 day period,

5504).

the Government will dispose of defective supplies The

d. If the Government directs the Contractor to

above described inspection right, however, does not

correct the defect the Contractor shall have the option to

relieve the contractor of his responsibility to immediately

(a) correct the defect in the field or (b) return the end

initiate the warranty corrective action when notified by the

item or parts to the Contractor's facility of choice When

Government of a warranty claim Further, such inspection

the Con-tractor corrects the defect, all costs are borne by

right does not preclude the Government from

the contractor including transportation costs from the

immediately initiating correction

using unit to the contractor's facility and back The

contractor shall have 10 working days to complete

Government responsibilities.

repairs after receipt of formal notification The contractor

will extend, at no additional costs, the terms of coverage

a. The

Major

Subordinate

Command

of this warranty for a time equal to the period beginning

responsible for administration of the Tractor warranty

with Government formal notification (DA Forms 2407 or

program is the U S Army Tank-Automotive Command,

5504) until such date the defects are repaired.

Warren, Michigan. TACOM is responsible for managing

e. When the Contractor is directed to correct

the warranty and implementing the warranty clause in the

the defect; he shall notify the Government where he has

contract.

elected to correct the defect, the field or the contractor's

b. The contractor shall be notified in writing

facility Contractor shall advise the equipment using

(DA Forms 5504 or 2407), or verbally, with confirmation

activity verbally at least 48 hours prior to correction, and

in writing (DA Forms 5504 or 2407), following discovery

the U S Army Tank-Automotive Command AMSTA-

of the defect or systemic defect in the supplies.

MSW, in writing within 5 days of formal notification with

Notification shall include as a minimum (1) equipment

the following information facility, location of facility, the

serial number, (2) operating hours or miles on

time frame in which the defect(s) will be corrected, and

equipment, (3) part number or NSN of defective part, (4)

what dealer or individual(s) will perform the work Should

circumstances surrounding defect or failure, (5) location

the Contractor fall to accomplish required warranty

of equipment, (6) unit identification code (UIC) (7) point

corrections within 10 working days after formal

of contact with telephone number At this time, the

notification, (or within such other time the parties may

contractor will further be informed whether the

otherwise agree to in writing) the Contractor agrees to

Government has elected:

extend, at no additional cost, the terms of coverage of

this warranty for a time equal to the period beginning with

(1 ) to correct the defect itself or,

Government formal notification until such date the