58953

Patriot Pride Jewelry, LLC

June 9, 2014Judge Peacock
Denied / Government PrevailedContract Interpretation

Patriot Pride Jewelry, LLC appealed a decision regarding a retail agreement with the Army & Air Force Exchange Service, claiming a breach due to the cessation of advertising its products. The Board denied the appeal.

Material Facts

  • Patriot Pride and AAFES entered into a retail agreement on 25 October 2011.
  • The agreement contained standard terms and conditions for future transactions.
  • AAFES is a non-appropriated funds instrumentality of the United States Government.
  • The agreement had an estimated value of $50,000 and was effective until 24 October 2018.
  • The agreement allowed for no minimum quantity of orders.
  • Patriot Pride required a lead time of 5 days for delivery after receipt of order.
  • The agreement included a termination clause allowing either party to terminate with 10 days' notice.
  • AAFES sold 182 items of Patriot Pride's jewelry between 12 May 2011 and 18 January 2013.
  • On 25 February 2013, AAFES notified Patriot Pride that its products would no longer be listed online.
  • Patriot Pride submitted a claim for $41,071.43, which was denied by AAFES.

Parties

Appellant
Patriot Pride Jewelry, LLC
Respondent Agency
Army & Air Force Exchange Service
Contract Number
11-PS-006
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