[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR46]

[Page 859]
 
            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.