---
kind: "section"
citation: "48 C.F.R. § 46.705"
title: "48"
number: "46.705"
heading: "Limitations."
url: "https://uscodex.org/cfr/48/46.705"
---

# §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](/cfr/48/subpart46.3.md)) 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.

## Notes

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42415, Sept. 19, 1983, unless otherwise noted.