ATTACHMENT 3 - Navy Paint Warranty JPJ.pdf

ATTACHMENT 3

Warranty of Marine Coatings

1. The Contractor shall warrant against failure of its products as applied by a preservation applicator when Contractor is providing Field Service Technical Representation for availabilities.

The warranty shall apply to both the following:

1. Warrant paint is useable up to the expiration date

2. Warrant that paint is applied in a correct manner so that it will last a minimum of two (2) years after date of application.

The warranty shall extend to those surface areas where the Contractor’s products are feathered or applied over any properly prepared substrate or any existing coating listed in the appropriate section of Attachment (A).

2. “Premature failure” for purposes of this contract is defined as any defect or discontinuity in the new paint film that occurs after the Field Service Technical Representative has inspected and approved the final, cured and dried coating and pronounced it acceptable to the SUPERVISOR. Failure includes delaminating, blistering, rust-through, dissolution, softening, flaking, cracking, peeling or any other defects in the newly applied film. Premature failure does not include normal chalking, fading, staining, aging or mechanical damage that would occur once the ship has returned to service. Causes for premature failure may be due to material deficiencies of the Contractor’s products or improper application procedures by the preservation applicator; neither cause shall void this warranty except as provided below.

3. This warranty shall not be voided by improper application efforts or procedures by the preservation applicator unless the Contractor’s on-site technical representative provides timely notice of such misapplication to the Government representative. Notice given more than eight hours after the fact shall be untimely; verbal notice may be given immediately, but it is acceptable only if it is followed by written notice within 24 hours. The notice shall clearly describe the affected areas (time, location, square footages, coatings involved), the nature of the misapplication and remedial action that must be taken to correct the problem. Once the SUPERVISOR has caused corrective action to be taken by the shipyard, then the Contractor’s warranty shall be considered to be in effect. If corrective action is not accomplished, then the Contractor’s warranty will not apply to the affected area(s).

4. The remedy for coating failures within the warranty period shall be for the Contractor to furnish, at no cost to the Government, all quantities of materials and technical representative services necessary to recoat the failed area. Materials shall be delivered to and technical services shall be performed at any location (domestic or foreign) that suits the Government’s purposes. The materials shall be delivered in accordance with the required delivery schedule set forth in Paragraph 9.2. In the case of antifouling coatings, in addition to the requirements above, the Contractor shall provide scamping of the underwater hull at no cost to the Government if more than twenty (20) percent of the underwater hull is heavily fouled (heavy grass, barnacles, mollusks, annelids, hydroids, or bryozoa) due to poor performance of the antifouling within two (2) years of application. Exceptions will be granted by the Government on a case by case basis for ships that sit for extended periods in high growth areas.

(a) Definitions.As used in this clause-

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“SUPERVISOR” the term, “SUPERVISOR “is defined as the local Government activity responsible for the execution and contract administration of U.S. Navy maintenance and modernization work.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after delivery for reagents and equipment and two years after delivery for chemicals and test equipment.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days of the last delivery under this contract.

(2) Within a reasonable time after the notice, the Contracting Officer may either-

(i) Require, by written notice, 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 (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4)

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. 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. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) 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 this contract.