MLWARR5.doc

Warranty Description

AFMETCAL/ML-05

11 Aug 2008

1.0 Warranty: Each item under contract shall include a five (5) year warranty in which the contractor warrants that the unit is free from defects in material, workmanship, manufacturing, and design and will perform to or exceed specifications, if operated properly, for the duration of the five (5) year warranty coverage. Under this warranty, the contractor shall repair or replace any failed unit. Any failed unit returned to a contractor repair center shall be repaired and returned to the government owner within three weeks (21 calendar days) as documented on the bill of lading, Government or commercial, at no additional cost to the Government. If the contractor is required to correct or re-perform any tasks, any such tasks shall meet all specifications and requirements to the same extent as the work initially required under this contract. If a replacement unit is provided, the replacement unit will assume the balance of the warranty of the replaced unit. The unit shall be calibrated with standards traceable to the National Institute of Standards and Technology (NIST) or AFMETCAL approved source.

2.0 Repair Centers: The contractor shall have a service center(s) for the purposes of receiving products, repairing products, and returning products to the Government. The Government will initiate the request for repair service. The contractor shall have, for each center, at least one point of contact with a telephone number and address to provide assistance in exercising warranties. One copy of this warranty, a list of the centers, and the telephone numbers and addresses of the contractor’s warranty points of contact shall be included with each item delivered.

3.0 Shipping Methods: The Government shall bear transportation costs for equipment returned to the contractor for repair or replacement. The contractor is responsible for returning the item to the owner and shall bear transportation costs from the repair center back to the user.

4.0 Warranty Marking: The system shall be furnished with a polycarbonate warranty sticker which is permanently and conspicuously marked with the following information: the day, month, and year that the warranty begins; the day, month, and year that the warranty ends; the instrument nomenclature; the manufacturer, the FSCM/CAGE number, the contract number; and the commercial phone number of a warranty repair point of contact. When applicable, the contractor shall provide the government with a warranty sticker for first article/First production units after receipt of notification of first article/first production acceptance. The date the warranty begins for first article /first production units shall be the date of acceptance. The date the warranty begins for production units is the date of acceptance and the warranty expiration date shall be arrived at by using 45 days after the shipment date from the production facility for production the units. In the event that a unit fails incoming acceptance testing of production units, and is returned to the contractor for rework, the contractor shall revise the warranty marking to reflect the latest dates as defined above. In the event that the contractor replaces a returned failed unit under warranty, the replacement unit shall be marked to reflect the warranty expiration date of the replaced unit.

5.0 Limitations: These warranties will not, in any way, be voided by any Government performed routine maintenance accomplished in accordance with manufacturer’s service procedures. (Examples: replace fuses, adjust instrument in accordance with calibration instructions, lubrication, cleaning, etc.).

6.0 Product Modifications: If the units delivered via this contract have a product/design or safety defect which prevents the unit from meeting Purchase Description or other contract specification requirements, the contractor shall be required to provide product modifications to all delivered units to eliminate the defect and ensure all specifications are met. All modifications including parts, and labor shall be done at no cost to the Government. If the contractor is required to correct or re-perform any tasks, any such tasks shall meet all specifications and requirements to the same extent as the work initially required under this contract.

7.0 Government Remedies: In the event that the contractor fails to repair or replace, within Three weeks, any failed item returned under warranty as specified in paragraph 1.0 of this warranty description, the Government may require the contractor to pay costs reasonably incurred by the United States in taking necessary corrective action, or the Government may equitably reduce the contract price.

The contractor will be notified of any breach of the warranty within 45 days after the discovery of the defect or by the warranty expiration date whichever is later. If the contractor disputes coverage of the defect under the warranty, the contractor shall notify the Contracting Officer within 5 days after receipt of the unit for repair. The Contracting Officer will make a determination based upon the facts presented and may direct correction/repair or replacement of the item. The contractor shall comply with this direction.

The rights and remedies of the Government provided in this clause:

(i) Shall not be affected in any way by any terms or conditions, of this contract, concerning the conclusiveness of inspection and acceptance;

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract;

(iii) Shall survive final payment.

8.0 Definitions of Terms: For the purpose of this warranty agreement, the following definitions apply:

(i) Acceptance: Means the act of an authorized representative of the Government by which they confirm full or conditional compliance of delivered goods or services as partial or complete performance, in accordance with the terms of the contract. NOTE: When applicable to warranted items, placing delivered goods into service, or the lack of notification of non-compliance by a government representative to the service provider within a period of 10 working days, constitutes acceptance.

(ii) Failed unit (item): A failed unit (item) is defined under this warranty as any product that is not free from defects in material, workmanship, manufacturing, and design, or does not perform to, or exceed contract specification requirements, or does not operate in accordance with the manufacturers operational and maintenance manual or does not satisfy the purchase description or other requirements identified within this contract.

(iii) Correction: Means the elimination of a defect.

(iv) Repair: Repair of any failed unit (item) is defined under this warranty as the restoration of the product, both electrically and mechanically, so that it will meet all of the specifications and requirements of the contract as verified by calibration.

(v) Calibration: Calibration is a comparison between items of equipment, one of which is a traceable measurement standard of known accuracy, to detect, correlate, adjust, and report any variation in the accuracy of the other item(s). If calibration has been further defined within the Purchase Description to include specific calibration points, characterization data, etc., then these shall be included as part of calibration.

(vi) Traceable: As used in paragraph 1.0 of this warranty description, traceable indicates relating individual measurement standards (instruments) to national standards, owned and operated by a national standards agency such as NIST, through an unbroken chain of comparisons.