B-127469, APR. 19, 1956

B-127469: Apr 19, 1956

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TO PAM HARROW FABRICS COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. - ANY VARIATION BETWEEN THE QUANTITY OR WEIGHT LISTED FOR ANY ITEM AND THE QUANTITY OR WEIGHT OF SUCH ITEM TENDERED OR DELIVERED TO THE PURCHASER WILL BE ADJUSTED ON THE BASIS OF THE UNIT PRICE QUOTED FOR SUCH ITEM. * * *" IT APPEARS THAT PURSUANT TO YOUR INSTRUCTIONS THE BODY STRAPS WERE DELIVERED TO THE DAVIDSON TRANSFER AND STORAGE COMPANY ON JULY 13. ACKNOWLEDGING THAT THE QUANTITY OF BODY STRAPS RECEIVED WAS 73. BECAUSE YOUR PURCHASER CLAIMED THE DELIVERY WAS SHORT 4. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 9. WAS THE ONLY EVIDENCE OF THE QUANTITY DELIVERED TO YOU. POLANSKY SIGNED FOR THE MATERIALS WAS SIGNED AS A MATTER OF ROUTINE AND ON THE ASSUMPTION THAT THE GOVERNMENT WOULD MAKE GOOD IF THE CONTENTS OF THE CASES WERE NOT AS NOTED AND MARKED ON THE CASES.

B-127469, APR. 19, 1956

TO PAM HARROW FABRICS COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1956, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED MARCH 9, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $99.70 BECAUSE OF AN ALLEGED SHORTAGE OF 4,373 BODY STRAPS PURCHASED FROM THE GOVERNMENT AT THE CONTRACT PRICE OF$0.0228 EACH.

UNDER THE TERMS OF THE CONTRACT YOU AGREED TO PURCHASE ITEM NO. 32 OF THE SCHEDULE OF PROPERTY TO BE SOLD, ESTIMATED TO CONTAIN 73,475 BODY STRAPS FOR THE UNIT PRICE STIPULATED THEREIN. THE CONTRACT PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"8. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT.--- ANY VARIATION BETWEEN THE QUANTITY OR WEIGHT LISTED FOR ANY ITEM AND THE QUANTITY OR WEIGHT OF SUCH ITEM TENDERED OR DELIVERED TO THE PURCHASER WILL BE ADJUSTED ON THE BASIS OF THE UNIT PRICE QUOTED FOR SUCH ITEM; * * *"

IT APPEARS THAT PURSUANT TO YOUR INSTRUCTIONS THE BODY STRAPS WERE DELIVERED TO THE DAVIDSON TRANSFER AND STORAGE COMPANY ON JULY 13, 1955, FOR DELIVERY TO YOUR ESTABLISHMENT. IT APPEARS FURTHER THAT UPON RECEIPT OF THE BODY STRAPS AT YOUR WAREHOUSE YOUR REPRESENTATIVE, MR. ARNOLD J. POLANSKY, SIGNED A RECEIPT DATED JULY 15, 1955, ACKNOWLEDGING THAT THE QUANTITY OF BODY STRAPS RECEIVED WAS 73,475. BY LETTER DATED SEPTEMBER 12,1955, YOU REQUESTED A REFUND OF THE AMOUNT OF $99.70 FROM THE SALVAGE AND PROPERTY DISPOSAL BRANCH, ARMY MEDICAL CENTER, MARYLAND, BECAUSE YOUR PURCHASER CLAIMED THE DELIVERY WAS SHORT 4,373 BODY STRAPS. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 9, 1956, FOR THE REASON THAT THE SIGNED RECEIPT DATED JULY 15, 1955, WAS THE ONLY EVIDENCE OF THE QUANTITY DELIVERED TO YOU.

IN YOUR LETTER YOU STATE THAT THE RECEIPT WHICH YOUR MR. POLANSKY SIGNED FOR THE MATERIALS WAS SIGNED AS A MATTER OF ROUTINE AND ON THE ASSUMPTION THAT THE GOVERNMENT WOULD MAKE GOOD IF THE CONTENTS OF THE CASES WERE NOT AS NOTED AND MARKED ON THE CASES.

WHEN THE MATERIALS WERE DELIVERED TO YOUR WAREHOUSE THE GOVERNMENT OBTAINED A RECEIPT FOR THE OBVIOUS PURPOSE OF AVOIDING DISPUTES SUCH AS HERE INVOLVED. THUS, THE RECEIPT FROM YOUR REPRESENTATIVE SHOWING DELIVERY OF THE TOTAL QUANTITY SPECIFIED IN THE CONTRACT, IS THE ONLY EVIDENCE AS TO THE NUMBER OF BODY STRAPS ACTUALLY DELIVERED TO YOU UNDER THE CONTRACT. AS FAR AS THE GOVERNMENT IS CONCERNED, THE TRANSACTION WAS COMPLETED BY THE ACKNOWLEDGEMENT OF DELIVERY AND THE ACCEPTANCE OF THE PROPERTY AT YOUR WAREHOUSE. FURTHERMORE, ALTHOUGH THE MATERIAL WAS DELIVERED TO YOUR WAREHOUSE ON JULY 15, 1955, THE RECORD HERE SHOWS THAT THE FIRST NOTICE RECEIVED BY THE ADMINISTRATIVE AGENCY OF A SHORTAGE WAS YOUR LETTER DATED SEPTEMBER 12, 1955--- A LAPSE OF APPROXIMATELY 60 DAYS. SUCH NOTICE APPEARS TO HAVE BEEN BASED UPON A REPORT OF SHORTAGE RECEIVED FROM THE PARTY TO WHOM YOU SOLD THE PROPERTY HERE INVOLVED. HOWEVER, AS STATED HEREINABOVE, YOU SHOULD HAVE CHECKED THE QUANTITY AT THE TIME OF DELIVERY TO YOUR WAREHOUSE AND BEFORE ACKNOWLEDGING THE RECEIPT OF 73,475 BODY STRAPS. CLEARLY A LAPSE OF 60 DAYS AFTER DELIVERY RENDERS IT IMPRACTICABLE TO ASCERTAIN THE TRUE FACTS AT THE TIME OF DELIVERY, AND YOU HAVE FURNISHED NO COMPETENT EVIDENCE WHICH WOULD IN ANY MANNER INDICATE THAT LESS THAN 73,475 BODY STRAPS WERE DELIVERED TO YOU.

WITH REGARD TO YOUR REQUEST FOR A PHOTOSTATIC COPY OF THE RECEIPT SIGNED BY YOUR MR. POLANSKY, YOU ARE ADVISED THAT WE HAVE ONLY A DUPLICATE TYPEWRITTEN COPY OF THE RECEIPT IN QUESTION. HOWEVER, IT IS SUGGESTED THAT IF YOU WILL CONTACT THE PROPERTY DISPOSAL OFFICER, ARMY CHEMICAL CENTER, MARYLAND, HE SHOULD BE ABLE TO FURNISH YOU THE PHOTOSTAT YOU DESIRE.

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