RIX Industries Flow Downs

10/21/2005

Description:

CORRECTION OF DESIGN DEFICIENCIES

Clause:

CORRECTION OF DESIGN DEFICIENCIES(A) For the correction of design deficiencies, and at no increase in contract priceand/or option prices, Seller shall be responsible, as directed by Buyer, toaccomplish any one or more of the following corrective actions, in part or in theirentirety, to bring all equipment (e.g., preproduction, production, etc.), mock-ups,lighting standards, spares, computer software programs, data, technical manualsand any other items, delivered or to be delivered, up to the specified requirementsof the contract and/or options -(1) Failure analysis, redesign, rework, retesting, fabrication and replacement ofparts associated with retrofit and/or forward fit of equipment, includingspares.(2) Supplying of modification kits and appropriate field service personnel forinstallation of such modification kits.(3) Updating of technical data requirements of SDRL and technical manuals.(4) Redesign, rework, fabrication and replacement of tools and test equipment.(5) Redesign, rework, fabrication and replacement of computer softwareprograms.(6) Any other recurring and/or nonrecurring effort necessary to accomplish therequired corrective action.(B) Seller's responsibilities for correction of deficiencies, at no increase in contractprice and/or option prices, include, but are not limited to, deficiencies disclosedas a result of any one or more of the following tests and related activities;(1) inspections(2) development tests - (which include element development tests, prototype/preproduction development tests, reliability development tests, and etc.)(3) demonstration tests - (which include laboratory demonstration tests, of whichreliability demonstration tests are a part, maintainability demonstration tests,and etc.)(4) acceptance tests - (which include individual tests, production duty cycle tests,production acceptance sampling tests, and etc.)(5) physical configuration audit(6) GSE/automatic test equipment/VAST compatibility tests(7) other tests performed by the Seller(8) associated Buyer and/or government testing - (which includes systemintegration tests, flight development tests, etc.) Moreover, if the correctiveaction required on Seller's equipment has an impact on any GSE purchased from and/or under option with Seller, the Seller shall also have theresponsibility for performing the corresponding corrective actions, outlined in(1) through (6) above, on the GSE at no increase in price for the GSE.(C) In the implementation of the above provisions, the Seller shall be responsible forthe correction of design deficiencies through such period of time required forsuccessful completion of the various tests and related activities discussed above.