Arms Unlimited Inc. has filed a complaint against the Yonkers Police Department claiming that the city has refused to pay for 46 submachine guns it purchased. The complaint, filed on June 12th in Westchester Supreme Court, alleges that the city is withholding payment in order to negotiate for a better model of firearm.
The city solicited bids for 46 B&T APC9-Pro submachine guns for its police Emergency Services Unit a year ago. Arms Unlimited, a Nevada-based supplier to law enforcement agencies nationwide, submitted the winning bid of $2,130 per firearm. That is a total cost of $97,980. The firearms were delivered to Yonkers on January 12th, with a scheduled payment due date of February 11th.
Faulty goods?
However, after the deadline passed, the city raised concerns about the weapons. According to City of Yonkers spokeswoman Christina Gilmartin, the city has not paid for the submachine guns as they were deemed inoperable. Gilmartin states that they are currently working with the manufacturer to address warranty issues. It was discovered that the city was using ammunition that required a high-pressure recoil spring. This prompted the Swiss manufacturer, Brügger & Thomet (B&T), to upgrade the springs to ensure proper functionality. However, Arms Unlimited argues that the negotiations between the city and B&T, are beyond the scope of its contract.
Furthermore, Arms Unlimited alleges that the city has been negotiating with B&T to exchange the firearms for a more expensive model. A YPD officer purportedly informed Arms Unlimited on May 2nd that the city was withholding payment to exert pressure in their discussions with B&T. The officer also allegedly requested Arms Unlimited to cover the servicing costs as a condition of payment.
The Arms Unlimited lawsuit accuses the city of breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment.
