Project Name
Project No. ___________
UFC 4-214-02, TEMF, 24 July 03
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In
addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or
controlled real or personal property, when that damage is the result of--
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, or workmanship.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.
The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of
repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt
of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect,
or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers
for work performed and materials furnished under this contract, the Contractor shall--
(1) Obtain all warranties that would be given in normal commercial practice:
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the
Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the
Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's
warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier,
the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor
for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of
this contract with respect to latent defects, gross mistakes, or fraud.
(End of Clause)
WARRANTY OF DESIGN
The following clause has been modified, as authorized by FAR and DFARS to remove the one year
limitation on the warranty for design.
SCR____ WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) - MAY 2002
(a) The Contractor warrants that the design shall be performed in accordance with the Contract
requirements. Design and design related construction not conforming to the Contract requirements shall
be corrected at no additional cost to the Government. The standard of care for design is defined in
paragraph (b) of Special Contract Requirement "RESPONSIBILITY OF THE CONTRACTOR FOR
DESIGN".
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