B-153219, JAN. 30, 1964

B-153219, JAN. 30, 1964

TO THE MARCONI COMPANY LIMITED:

YOUR LETTER OF DECEMBER 18, 1963, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED NOVEMBER 26, 1963, WHICH DISALLOWED YOUR CLAIM FOR L.I.0.0., THE VALUE OF ONE RECTIFIER ALLEGEDLY SHIPPED ON NOVEMBER 13, 1962, TO THE DEPARTMENT OF THE AIR FORCE, 7500TH AIR BASE GROUP (USAFE), RAF STATION WEST RUISLIP, MIDDLESEX, ENGLAND, PURSUANT TO PURCHASE ORDER (61-718) 63-771, DATED AUGUST 30, 1962.

THE DEPARTMENT OF THE AIR FORCE REPORTS THAT THOROUGH SEARCH AND INVESTIGATION HAVE FAILED TO DISCLOSE ANY RECORD OF RECEIPT OF THE ITEM IN QUESTION. YOU STATE THAT YOU HAVE PROOF OF POSTING, BUT YOU HAVE NOT FURNISHED SUCH PROOF. YOU STATE, ALSO, THAT THE DEPARTMENT OF THE AIR FORCE BY FAILING TO REPORT NONDELIVERY OF THE ITEM FOR A PERIOD OF SIX MONTHS AFTER ISSUANCE OF YOUR ADVICE NOTE (NOTICE OF SHIPMENT) DID NOT ADHERE TO THE TERMS THEREOF REQUIRING WRITTEN NOTIFICATION WITHIN 28 DAYS OF NONDELIVERY. SUCH TERMS, HOWEVER, WERE NOT INCLUDED IN YOUR QUOTATION OF AUGUST 29, 1962, OR IN THE PURCHASE ORDER OF AUGUST 30, AND ARE THEREFORE NOT PART OF THE PURCHASE CONTRACT.

YOUR QUOTATION OF AUGUST 29, 1962, STATED: "THE PRICES QUOTED ARE ALL NET DELIVERED," AND THE PURCHASE ORDER ISSUED PURSUANT THERETO CALLED FOR DELIVERY AT "DEPT. C, RETAIL STORE, BLDG. 9, RAF STATION, WEST RUISLIP, MIDDLESEX.' UNDER THE LAW OF THIS COUNTRY, WHICH WE BELIEVE, TO BE THE SAME AS THE LAW OF ENGLAND IN THIS RESPECT, THESE TERMS IMPOSED UPON YOU AN UNQUALIFIED OBLIGATION TO DELIVER THE ARTICLES AT THE PLACE SPECIFIED, AND UNTIL SUCH DELIVERY WAS EFFECTED TITLE REMAINED IN YOU, THE RISK OF LOSS WAS YOURS, AND NO OBLIGATION TO MAKE PAYMENT OF THE PRICE AROSE.

ON THE EVIDENCE OF RECORD, YOU HAVE NOT ESTABLISHED DELIVERY OF THE ITEM IN QUESTION. THEREFORE, OUR SETTLEMENT OF NOVEMBER 26, 1963, DISALLOWING YOUR CLAIM, IS SUSTAINED.