Vessel Warranty - Refit and Repair

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Archived - Standard Acquisition Clauses and Conditions Manual | CanadaBuys

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Item Information

Revision History

Date Status ID Title
2010-08-16 Active K0027C Vessel Warranty - Refit and Repair (2010-08-16) K0027C
2007-05-25 Superseded K0027C ARCHIVED: Vessel Warranty - Refit and Repair (2007-05-25) K0027C

Remarks – Recommended Use of SACC Item

Use the following clause in marine refit and repair contracts only. It is not intended to be used in marine new construction contracts. The contracting officer must insert the number of days for paint warranty as required.

Legal text for SACC item

The warranty clause of the general conditions forming part of the Contract is deleted and replaced by the following:

"08 Warranty

  1. The Contractor, if requested by Canada, must replace or repair at its own expense any finished work, excluding Government Issue incorporated in the Work, which becomes defective or which fails to conform to contract requirements as a result of faulty or inefficient manufacture, material or workmanship.
  2. Despite acceptance of the finished work, and without restricting any other term of the Contract or any condition, warranty or provision imposed by law, the Contractor warrants that the following will be free from all defects and will conform with the requirements of the Contract:
    1. The painting of the underwater portion of the hull for a period of ______ (insert the number of days as required) days commencing from the date of undocking, except that the Contractor will only be liable to repair and/or replace to a value to be determined as follows:
      Original cost to Canada of the underwater painting work, divided by ______ (insert the warranty period as indicated above) days and multiplied by the number of days remaining in the warranty period. The resultant sum would represent the "Dollar Credit" due to Canada from the Contractor.
    2. All other painting work for a period of _______ (insert the number of days as required) days commencing from the date of acceptance of the Work;
    3. All other items of work for a period of ninety (90) days commencing from the date of acceptance of the Work, except that:
      1. the warranty on the work related to any system or equipment not immediately placed in continuous use or service will be for a period of ninety (90) days from the date of acceptance of the vessel;
      2. for all outstanding defects, deviations, and work items listed on the Acceptance Document at Delivery, the warranty will be ninety (90) days from the subsequent date of acceptance for each item.
  3. The Contractor agrees to pass to Canada, and exercise on behalf of Canada, all warranties on the materials supplied or held by the Contractor which exceed the periods indicated above.
  4. Refer to Annex "______" for Warranty Defect Claim Procedures and forms."