Addendum 52.212-4 Horizontial Baler - Warranty.pdf
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- Attached to
- Horizontal Baler and Conveyor
- Solicitation number
- FA446026Q0055
About this file
This document is an addendum to FAR 52.212-4 that establishes express warranty terms for a horizontal baler and associated components procured under a commercial products and commercial services contract. The addendum tailors and supplements Paragraph (o) regarding warranty coverage.
The contractor must provide warranty coverage at minimum equivalent to what is offered to the general public in customary commercial practice. Specific minimum warranty periods commence upon final Government acceptance and include: (1) labor coverage for a minimum of one year; (2) parts coverage for a minimum of two years; and (3) structural and hydraulics components, including cylinders, for a minimum of three years. During these respective warranty periods, the contractor shall repair or replace any defective or non-conforming parts, structural elements, hydraulic systems, or cylinders at no additional cost to the Government, including all parts, labor, shipping, travel, and on-site support. The contractor must perform all necessary labor to restore the horizontal baler to full operational capability in conformance with the Performance Work Statement technical requirements. If the contractor's standard commercial warranty terms offer more advantageous conditions than the specified minimums, those superior terms shall apply; however, in any conflict between standard commercial warranty terms and this contract, FAR 52.212-4 and this addendum take precedence.
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ADDENDUM
ADDENDUM TO FAR 52.212-4 — CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICE.
Paragraph (o), "Warranty," is tailored and supplemented to incorporate the following express warranty terms:
1. Commercial Warranty Coverage:
Pursuant to FAR 12.404(b), the Contractor shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.
2. Minimum Warranty Coverage (Horizontal Baler):
At a minimum, the Contractor warrants that the horizontal baler and all associated components delivered, installed, and accepted under this contract shall be free from defects in materials, workmanship, and operation for the following periods commencing upon the date of final Government acceptance:
(a) Labor: Minimum of one (1) year.
(b) Parts: Minimum of two (2) years.
(c) Structural and Hydraulics (including Cylinders): Minimum of three (3) years.
3. Contractor Obligations & Remedies:
During the respective warranty periods specified above, the Contractor shall, at no additional cost to the Government (including parts, labor, shipping, travel, and on-site support):
(a) Promptly repair or replace any defective or non-conforming part, structural element, hydraulic system, or cylinder.
(b) Perform all necessary labor to restore the horizontal baler to full operational capability conforming to the technical requirements of the Performance Work Statement (PWS).
4. Commercial Terms Precedence:
If the Contractor's standard commercial warranty offers terms, durations, or remedies more advantageous to the Government than the minimums stated in Section 2, the Contractor's standard commercial warranty terms shall apply. In the event of any conflict between the Contractor's standard commercial warranty terms and this contract, the terms of FAR 52.212-4 and this Addendum shall take precedence.
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