Question
The Air Force contracted to purchase a quantity of portable electric hand drills.Because the drill was a commercial item, the contract contained the provisions found
The Air Force contracted to purchase a quantity of portable electric hand drills.Because the drill was a commercial item, the contract contained the provisions found in FAR 52.212-4, Contract Terms and ConditionsCommercial Items.When the contractor delivered the drills, the Government issued a written acceptance and distributed the drills to the field, without inspecting them.Air Force civil engineering personnel found that the drills, in normal use, overheated and burned out their batteries prematurely due to a defect.In using the drill, the government did not substantially change its condition.What can the Government do to remedy the situation?
Choose one of the following?
1.The government can enforce its remedies, but only to the extent they are contained in an express warranty
2.The government may require repair or replacement of the drills.
3.Nothing, because the defect was not discovered until after acceptance by the Government.
4.Nothing, because the Government waived any remedy when it failed to inspect the drill for defects.
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