ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

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Tuesday, May 8, 2012

Boots on the Ground (or Perhaps on a Shelf in Uganda)

Combat bootsAccording to this report from the local pages of the Washington Post, a non-profit organization, Bancroft Global Development (BGD), ordered 18,000 pairs of combat boots (actual model not pictured) from Atlantic Diving Supply (ADS) as part of a $1.4 milion contract that included other items.  ADS claims that BGD paid for only half the order and has sued BGD seeking over $1 million,

BGD has counter-sued, seekign $1.1 million and claiming that the boots provided were not really combat boots but costume boots that did not satisfy military requirements.  Two years after delivery, the boots are said to be sitting in storage in Uganda.  BGD was working with a Ugandan partner organization, which had won a State Department contract to provide military supplies for the Somali Transitional Federal Government.

The case potentially raises interesting UCC questions, since the goods were allegedly "rejected" but not returned.  The case also raises potential issues of misunderstanding reminiscent of Frigaliment.  BGD apparently wanted the cheapest boots it could buy, but the boots that it got, although called "combat boots" are, according to one industry expert quoted in the Washington Post, suitable only for youth groups and marching bands.  One wonders what sort of youth groups require combat boots . . . .

[JT]

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