CLAIM DENIAL/DISPUTES - Continued
WARRANTY DISPUTE CLAIM
DEFINITION Failure of the Government and Oshkosh Corporation to agree on any matters
related to or arising under the contract warranty provision shall be resolved in accordance
with the disputes clause of the contract and Federal Acquisition Regulations (FAR) Subpart
33.2.
DISPUTE SETTLEMENT In situations where Oshkosh Corporation declines to perform
repair on items for which the Government believes it has a valid warranty claim, or when
Oshkosh Corporation furnishes parts and services to the Government and later claims the
replaced part was not damaged due to defect in design, materials, or workmanship, the
following procedure applies:
OSHKOSH CORPORATION DECLINES REPAIR When Oshkosh Corporation or an
authorized dealer declines to repair an item under warranty, proceed to perform repairs
yourself. Use your own repair parts.
Immediately report situation using DA Form 2407 (WP 0113) as follows:
1. Record "WARRANTY DISPUTE" and complete description of failure.
2. Enter name, activity, and telephone number of person submitting warranty
dispute.
3. Enter name, address, and telephone number of Oshkosh Corporation
representative or dealership that refused service.
4. Enter specific reasons given for refusal.
5. Enter specific facts/evidence you feel will refute Oshkosh Corporation’s reason
for refusal. Include photographs and sketches, if possible.
Submit copies 2 and 5 of DA Form 2407 (WP 0113) to:
1. Commander, USA TACOM ATTN: SFAE-CS-TVH Warren, MI 48397-5000
2. Oshkosh Corporation ATTN: Warranty Administration P.O. Box 2566 Oshkosh,
WI 54903-2566
PM-TV will try to resolve the warranty problem by mutual agreement. If necessary, the
case will be presented to Warranty Administrator for review, analysis, and further
investigation of facts.
OSHKOSH CORPORATION REQUESTS REIMBURSEMENT When Oshkosh
Corporation makes analysis, then claims part failure is not covered by the contract warranty
provision, the Government will be provided all the facts supporting this position and a
request for reimbursement.
Prior to any decision regarding settlement, units will be required to provide data to PM-
TV to support Government’s position.
TM 9-2320-360-10 0002
0002-10
To Next Page
Loading...
