[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR46]



[Page 873]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 46_QUALITY ASSURANCE--Table of Contents

 

                         Subpart 46.7_Warranties

 

46.705  Limitations.



    (a) Except for the warranties in the clauses at 52.246-3, Inspection 

of Supplies--Cost-Reimbursement, and 52.246-8, Inspection of Research 

and Development--Cost-Reimbursement, the contracting officer shall not 

include warranties in cost-reimbursement contracts, unless authorized in 

accordance with agency regulations (see 46.708).

    (b) Warranty clauses shall not limit the Government's rights under 

an inspection clause (see subpart 46.3) in relation to latent defects, 

fraud, or gross mistakes that amount to fraud.

    (c) Except for warranty clauses in construction contracts, warranty 

clauses shall provide that the warranty applies notwithstanding 

inspection and acceptance or other clauses or terms of the contract.