B-142546, MAY 24, 1960

B-142546: May 24, 1960

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INC.: REFERENCE IS MADE TO A LETTER DATE MARCH 29. YOU ARE NOW ADVISED THAT. AFTER INFORMATION HAS BEEN RECEIVED FROM THE ADMINISTRATIVE OFFICE TO THE EFFECT THAT YOU HAVE RETURNED THE ITEMS IN QUESTION. THE EXTREME MEASURE OF THE GOVERNMENT'S LIABILITY IN ANY CASE WAS LIMITED TO THE REFUND OF THE MONEY IT HAD RECEIVED FROM THE PURCHASER. THE DISALLOWANCE OF THE CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION CHARGES AID BY YOU IS SUSTAINED.

B-142546, MAY 24, 1960

TO ELECTRO SALES CO., INC.:

REFERENCE IS MADE TO A LETTER DATE MARCH 29, 1960, WITH ENCLOSURES, FROM YOUR ATTORNEY, WALTER D. WEKSTEIN, ESQUIRE, REQUESTING, ON YOUR BEHALF, RECONSIDERATION OF SETTLEMENT DATED MARCH 1, 1960, WHICH DISALLOWED YOUR CLAIM FOR $1,016.49, REPRESENTING THE PURCHASE PRICE OF 107 ARMATURES, PLUS TRANSPORTATION CHARGES OF $128.71, UNDER CONTRACT NO. N228S-41608 DATED JULY 24, 1959.

YOU ARE NOW ADVISED THAT, BASED UPON A FURTHER CONSIDERATION OF THE MATTER, OUR CLAIMS DIVISION HAS TODAY BEEN INSTRUCTED TO ALLOW YOUR CLAIM FOR REFUND OF THE PURCHASE PRICE OF THE 107 ARMATURES, AFTER INFORMATION HAS BEEN RECEIVED FROM THE ADMINISTRATIVE OFFICE TO THE EFFECT THAT YOU HAVE RETURNED THE ITEMS IN QUESTION.

WITH RESPECT TO YOUR CLAIM FOR TRANSPORTATION CHARGES, THERE APPEARS TO BE NO LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR PAYMENT OF THE TRANSPORTATION CHARGES INVOLVED SINCE UNDER PARAGRAPH 11 OF THE GENERAL SALE TERMS AND CONDITIONS, THE EXTREME MEASURE OF THE GOVERNMENT'S LIABILITY IN ANY CASE WAS LIMITED TO THE REFUND OF THE MONEY IT HAD RECEIVED FROM THE PURCHASER. IN THAT CONNECTION, SEE UNITED STATES V. WEISBROD, 202 F.2D 629. ACCORDINGLY, THE DISALLOWANCE OF THE CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION CHARGES AID BY YOU IS SUSTAINED.