B-145646, MAY 8, 1961

B-145646: May 8, 1961

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JR.: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 5. THE SALE TERMS AND CONDITIONS PERTINENT TO YOUR CLAIM WERE SET FORTH IN OUR SETTLEMENT CERTIFICATE AND. WILL NOT BE REPEATED HERE. THE RECORD INDICATES THAT THE INVITATION DESCRIPTION OF THE PROPERTY SOLD TO YOU WAS BASED UPON THE BEST INFORMATION AVAILABLE TO THE DISPOSAL AGENCY. OF THE PROPERTY WERE ONLY APPROXIMATE. SINCE PARAGRAPH 2 OF THE GENERAL SALE TERMS AND CONDITIONS SPECIFICALLY PROVIDED THAT THE PROPERTY WAS BEING SOLD WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND AS TO QUANTITY. NO RELIEF IS ALLOWABLE ON THE BASIS OF MISDESCRIPTION OF THE PROPERTY. SINCE EACH OF THE FOUR ITEMS WAS SOLD AT A PRICE FOR THE LOT OF MATERIAL DESCRIBED THEREIN.

B-145646, MAY 8, 1961

TO MR. CARL NUSSBAUM, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 5, 1961, RELATIVE TO OUR SETTLEMENT DATED MARCH 29, 1961, WHICH FOR THE REASONS STATED THEREIN DISALLOWED YOUR CLAIM FOR $160.50 REPRESENTING THE VALUE OF SURPLUS PROPERTY PURCHASED BY YOU ON SPOT BID SALE NO. 33-167-S-60-26, BUT WHICH YOU ALLEGE YOU DID NOT RECEIVE.

IN SUBMITTING YOUR BID IN RESPONSE TO SPOT BID SALE INVITATION NO. 60-26 ISSUED BY THE COLUMBUS GENERAL DEPOT, U.S. ARMY, YOU AGREED TO PURCHASE FROM THE GOVERNMENT CERTAIN OF THE ADVERTISED PROPERTY, SUBJECT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE INVITATION. THE SALE TERMS AND CONDITIONS PERTINENT TO YOUR CLAIM WERE SET FORTH IN OUR SETTLEMENT CERTIFICATE AND, THEREFORE, WILL NOT BE REPEATED HERE.

THE RECORD INDICATES THAT THE INVITATION DESCRIPTION OF THE PROPERTY SOLD TO YOU WAS BASED UPON THE BEST INFORMATION AVAILABLE TO THE DISPOSAL AGENCY. ACCORDINGLY AND SINCE THE INVITATION CLEARLY STATED THAT THE WEIGHTS, QUANTITIES, NUMBER, ETC., OF THE PROPERTY WERE ONLY APPROXIMATE, AND SINCE PARAGRAPH 2 OF THE GENERAL SALE TERMS AND CONDITIONS SPECIFICALLY PROVIDED THAT THE PROPERTY WAS BEING SOLD WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND AS TO QUANTITY, SIZE, WEIGHT, DESCRIPTION, ETC., NO RELIEF IS ALLOWABLE ON THE BASIS OF MISDESCRIPTION OF THE PROPERTY. ALSO, SINCE EACH OF THE FOUR ITEMS WAS SOLD AT A PRICE FOR THE LOT OF MATERIAL DESCRIBED THEREIN, THERE IS NO AUTHORITY UNDER PARAGRAPH 8 OF THE GENERAL SALE TERMS AND CONDITIONS FOR AUTHORIZING ANY ADJUSTMENT IN THE SALE PRICE BECAUSE OF A SHORTAGE IN DELIVERY.

WHILE IT MAY BE THAT YOU INSPECTED THE PROPERTY HERE IN QUESTION PRIOR TO SUBMITTING YOUR BID AND THAT YOU WERE PERSONALLY PRESENT AT THE SALE, AS ALLEGED IN YOUR LETTER OF APRIL 5, 1961, THERE IS NOTHING IN THE RECORD TO INDICATE THAT YOU TOOK ADVANTAGE OF THE OPPORTUNITY AFFORDED YOU BY PARAGRAPH 3 ON PAGE 4 OF THE INVITATION TO ASCERTAIN AN ACTUAL COUNT OF THE PROPERTY AT THE TIME OF ITS REMOVAL FROM THE DISPOSAL AGENCY. THEREFORE, IN ACCORDANCE WITH THE PROVISIONS OF THAT PARAGRAPH, NO ADJUSTMENT WILL BE MADE FOR DISCREPANCIES.

IN THESE CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR ALLOWING YOUR CLAIM, AND THE SETTLEMENT DATED MARCH 29, 1961, IS SUSTAINED.