3 Questions
What must the contracting officer ensure when customary practice excludes or limits an implied warranty in the provisions of an express warranty?
That the express warranty provides for the repair or replacement of defective items within a reasonable period of time
What is true about contracts for commercial products?
They include implied warranties of merchantability and fitness for a particular purpose
What should be obtained if the contractor’s standard warranty applies?
A copy of the contractor’s standard warranty
Study Notes
- In contracts for commercial products, warranties of merchantability and fitness for a particular purpose are excluded by the use of specific language in the clause.
- Implied warranties of merchantability and fitness for a particular purpose exist for commercial product contracts.
- If customary practice excludes or limits an implied warranty in the provisions of an express warranty, the contracting officer must ensure that the express warranty provides for the repair or replacement of defective items discovered within a reasonable period of time or acceptance.
- If the contractor’s standard warranty applies, obtain a copy for your files and provide a copy to the end user.
Test your knowledge of warranties in commercial product contracts with this quiz. Explore clauses, implied warranties, and contracting officer responsibilities.
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