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Standard Bus Procurement Guidelines - APTAStandards.com

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<strong>Standard</strong> <strong>Bus</strong> <strong>Procurement</strong> <strong>Guidelines</strong><br />

shall either agree that the Defect is in fact covered by warranty, or reserve judgment until the<br />

subsystem or <strong>com</strong>ponent is inspected by the Contractor's representative or is removed and examined<br />

at the Procuring Agency's property or at the Contractor's plant. At that time, the status of warranty<br />

coverage on the subsystem or <strong>com</strong>ponent shall be mutually resolved between the Procuring Agency<br />

and the Contractor. Work shall <strong>com</strong>mence to correct the Defect within 10 (ten) working days after<br />

receipt of notification and shall be conducted in accordance with "Repairs by Contractor" (Section<br />

4.2.2).<br />

4.1.5 SCOPE OF WARRANTY REPAIRS<br />

When warranty repairs are required, the Procuring Agency and the Contractor's representative shall<br />

agree within five working days after notification on the most appropriate course for the repairs and<br />

the exact scope of the repairs to be performed under the warranty. If no agreement is obtained within<br />

the five-day period, the Procuring Agency reserves the right to <strong>com</strong>mence the repairs in accordance<br />

with "Repairs by Procuring Agency" (Section 4.2.3).<br />

4.1.6 FLEET DEFECTS<br />

4.1.6.1 OCCURRENCE AND REMEDY<br />

A fleet defect is defined as cumulative failures of any kind in the same <strong>com</strong>ponents in the same or<br />

similar application where such items covered by the warranty and such failures occur in the warranty<br />

period in the specified proportion of the buses delivered under this contract. For deliveries of over 50<br />

buses, the proportion shall be 20 (twenty) percent. For deliveries of 4 (four) to 49 (forty-nine) buses<br />

the proportion shall be 25 (twenty-five) percent.<br />

The Contractor shall correct a fleet defect under the warranty provisions defined in "Repair<br />

Procedures" (Section 4.2). After correcting the Defect, the Procuring Agency and the Contractor<br />

shall mutually agree to and the Contractor shall promptly undertake and <strong>com</strong>plete a work program<br />

reasonably designed to prevent the occurrence of the same Defect in all other buses and spare parts<br />

purchased under this contract. Where the specific Defect can be solely attributed to particular<br />

identifiable part(s), the work program shall include redesign and/or replacement of only the<br />

defectively designed and/or manufactured part(s). In all other cases, the work program shall include<br />

inspection and/or correction of all of the buses in the fleet via a mutually agreed to arrangement.<br />

4.1.6.2 EXCEPTIONS TO FLEET DEFECT PROVISIONS<br />

The fleet defect warranty provisions shall not apply to Procuring Agency-supplied items such as<br />

fareboxes, radio and fare collection equipment, <strong>com</strong>munication systems, and tires.<br />

Fleet defect warranty provisions shall not apply to <strong>com</strong>ponents and major subsystems specified by<br />

the Procuring Agency and required by the Procuring Agency to be installed on the bus by the<br />

Contractor, if the following conditions apply: the Procuring Agency has rejected the Contractor's<br />

requests for approved equal under "Offeror Communications and Requests" (Section 1.1.2.2 of<br />

Procuring Agency's solicitation) and the <strong>com</strong>ponent or major subsystem supplier declines to<br />

participate in this warranty; and the Contractor notifies the Procuring Agency in writing with, or<br />

Warranty Provisions 113 10/18/07

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