B-148553, MAY 24, 1962

B-148553, MAY 24, 1962

TO BEARINGS AND MOTIVE SPECIALTIES COMPANY, INC:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED MAY 11, 1962, IN FURTHER REFERENCE TO THE DISALLOWANCE OF YOUR CLAIM FOR AN ADJUSTMENT OR REFUND OF A PART OF THE PURCHASE PRICE FOR ITEM NO. 75 OF THE GRANITE CITY ENGINEER DEPOT SPOT BID SALE NO. 11-052-S-61-31.

THERE IS NOTED YOUR FURTHER COMMENT AS TO WHETHER THERE CAN BE ANY QUESTION THAT A BEARING WITHOUT SEALS IS NOT THE SAME AS A BEARING WITH SEALS. WE BELIEVE THAT IF YOU WILL REVIEW OUR DECISIONS DATED APRIL 17, 1962, AND MAY 8, 1962, YOU WILL FIND THAT WE EXPRESSED NO OPINION AS TO WHETHER SUCH BEARINGS ARE THE SAME. THAT QUESTION IS NOT CONTROLLING HERE. THE POSITION WE HAVE TAKEN IS THAT THE PHRASE "2 SEAL CLOSURE," AS SET FORTH IN THE SPOT BID SALE INVITATION, IS A FORM OF DESCRIPTIVE LANGUAGE AND SINCE THE "DISCLAIMER OF WARRANTY" CLAUSE COMPLETELY PROTECTS THE SELLER IN THE EVENT THAT AN HONEST MISTAKE IS MADE IN SUCH A DESCRIPTION, THE GOVERNMENT MAY NOT BE HELD LIABLE IF THE PURCHASER SHOULD RECEIVE PROPERTY WHICH DOES NOT CORRESPOND IN EVERY DETAIL WITH THE DESCRIPTION OF THAT PROPERTY AS SET FORTH IN THE INVITATION FOR BIDS.

ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO AFFIRM OUR DECISIONS OF APRIL 17, 1962, AND MAY 8, 1962. SINCE IT IS CLEAR THAT UNDER THE FACTS ATTENDING THE SALE OF THE BEARINGS AND THE APPLICABLE LEGAL PRINCIPLES DISALLOWANCE OF YOUR CLAIM IS COMPELLED, WE DO NOT BELIEVE ANY USEFUL PURPOSE WOULD BE SERVED BY YOUR PERSONAL APPEARANCE HERE FOR DISCUSSION OF THE MATTER.