452.237-70 Loss, Damage, Destruction or Repair.
(a) As prescribed in 437.110(a), insert a clause substantially as follows:
Loss, Damage, Destruction or Repair (FEB 1988)
(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $______* except that no reimbursement will be made for loss, damage or destruction due to
(1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.
(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within ______** hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.
(End of clause)
* Contracting Officer shall insert amount available in current funds to cover potential liability.
** Contracting Officer shall insert appropriate number of hours.