CBCA 3410

Carlet B. Merrell

Jan 28, 2014Judge McCannGENERAL SERVICES ADMINISTRATION
Not published in the listingDenied

Key Facts

Appellant
Carlet B. Merrell
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
McCann
Case number
CBCA 3410
Decided
Jan 28, 2014The decision states Jan 28, 2014 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Denied
The claim is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant (pro se)
Carlet B. Merrell
Dearborn Heights, MI
For the respondent
Scott F. McCleary
Office of Regional Counsel, General Service Administration
Chicago, IL
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision4 pages, 3,885 characters, read from the Board's own documentDecided Jan 28, 2014 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DENIED: January 28, 2014

CBCA 3410

CARLET B. MERRELL,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Carlet B. Merrell, pro se, Dearborn Heights, MI.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Scott F. McCleary, Office of Regional Counsel, General Service Administration, Chicago, IL, counsel for Respondent.

Before Board Judges DANIELS (Chairman), SOMERS, and McCANN.

McCANN, Board Judge.

Appellant contracted to purchase a vehicle from respondent at auction. He claims that the vehicle was misdescribed and refused to take possession of the vehicle. He appeals the final decision of the contracting officer that assessed him $325 in liquidated damages. The appeal is denied.

Facts

1. On May 8, 2013, appellant was awarded a 2007 Chrysler Sebring at a GSA internet auction. Appeal File, Exhibit 4. The item information appearing on the website indicated that “repairs may be needed.” Id. It also showed photographs of the vehicle. Appellant did not inspect the vehicle prior to bid. After the award, appellant did inspect the vehicle and notified the contracting officer that he wanted a refund because there were “scratches and damages” on the car that were not described in the item description or shown on the pictures. The contracting officer refunded his money less liquidated damages in the amount of $325. 2. The terms and conditions of the sale included the following paragraphs: Photographs

Photographs may not depict an exact representation of the bid items(s) and should not be relied upon in place of written item description or as a substitute for physical inspection. Please contact the custodian for inspection dates and times.

Inspection of Property

Bidders agree to physically inspect the property upon which they bid or thereby waive the opportunity to conduct a physical inspection. In waiving their inspection rights, bidders bear the risk for any gross omissions regarding the functionality of items, failures to cite major missing parts and/or restriction with regards to usage that would have been revealed by physical inspection.

Condition of Property

Condition of property is not warranted. Deficiencies, when known, have been indicated in the property descriptions. However, absence of any indicated deficiencies does not mean that none exists. Therefore, the bidder should ascertain the condition of the item through physical inspection. Please also reference the Inspection of Property clause.

Description Warranty & Refunds

The Government warrants to the original purchaser that the property listed in the GSAAuctions.gov website will conform to its written description.

Features, characteristics, deficiencies, etc. not addressed in the description are excluded from this warranty. GSA further cautions bidders that GSA’s written description represents GSA’s best effort to describe the item based on the information provided to it by the owning agency. Therefore, gross omissions regarding the functionality of items, failures to cite major missing parts and/or restriction with regards to usage may occur.

The Government does not warrant the merchantability of the property or its purpose. The purchaser is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.

Discussion

The purchaser has not demonstrated entitlement to relief. The vehicle was not misdescribed and the contract warranty did not cover “[F]eatures, characteristics, deficiencies, etc. not addressed in the description.” The contract further indicated that “absence of any indicated deficiencies does not mean that none exists.” Also, the description on the website indicated that “repairs may be needed.” The purchaser was encouraged to inspect the vehicle prior to bid, but chose not to do so. He must now suffer the consequences of his inaction.

Decision

The claim is DENIED.

R. ANTHONY McCANN

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

JERI KAYLENE SOMERS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Carlet B. Merrell, CBCA 3410. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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