Warranty of Supplies of a Noncomplex Nature
FAR 52.246-17 requires contractors to warrant noncomplex supplies against defects and nonconformance, specifying clear remedies and responsibilities for correction or replacement.
Overview
FAR 52.246-17, "Warranty of Supplies of a Noncomplex Nature," establishes the requirements for warranties on noncomplex supplies provided to the government. The clause defines the contractor's obligations to warrant that supplies are free from defects and conform to contract requirements for a specified period. It outlines the process for correction or replacement of defective supplies, allocation of transportation costs, and the remedies available to the government if supplies fail to meet warranty standards. The clause also provides for several alternates to address specific contract scenarios, such as government-borne transportation costs, disputes over responsibility, incentive contracts, and recovery costs for disassembly/reassembly. The regulation ensures that the government receives supplies that meet quality standards and provides clear procedures for addressing nonconformities.
Key Rules
- Contractor Warranty Obligations
- Contractors must warrant that supplies are free from defects and conform to contract requirements for a specified period or event.
- Correction or Replacement
- Contractors are responsible for correcting or replacing defective supplies, including transportation costs, unless an alternate clause applies.
- Remedies for Breach
- The government may require correction/replacement, retain supplies with a price reduction, or obtain supplies from another source at the contractor’s expense if the contractor fails to act.
- Exclusion of Implied Warranties
- Implied warranties of merchantability and fitness for a particular purpose are excluded.
- Alternates for Special Circumstances
- Alternate provisions address government-paid transportation, disputes, incentive contracts, and disassembly/reassembly costs.
Responsibilities
- Contracting Officers: Must specify warranty periods, notify contractors of breaches, and enforce remedies.
- Contractors: Must provide warranted supplies, correct/replace defects, and bear costs as specified.
- Agencies: Oversee compliance and may recover costs for nonconforming supplies.
Practical Implications
- Ensures government receives quality supplies and has recourse for defects.
- Contractors must manage warranty obligations and costs.
- Failure to comply can result in financial penalties or loss of future business.