A firearms supplier that sold 46 submachine guns to the Yonkers police department claims that the city has refused to pay for the weapons.
Arms Unlimited Inc. of Henderson, Nevada, accused the city of withholding payment, in a complaint filed June 12 in Westchester Supreme Court, so as to leverage negotiations for a better model.
Yonkers spokeswoman Christina Gilmartin replied in an email that the guns purchased by the city were not operable and that the city is working out the warranty with the manufacturer.
But Arms Unlimited claims that the city’s negotiations with the gun-maker, Brügger & Thomet, a Swiss firearms manufacturer, is outside the scope of the contract.
“The City of Yonkers received the precise model firearms they specified,” the complaint states.
A year ago, the city sought bids from vendors to supply 46 B&T APC9-Pro submachine guns with Glock magazines for the police Emergency Services Unit.
B&T submitted numerous firearms for the city to test-fire before buying the guns, according to the complaint.
Arms Unlimited, a supplier to law enforcement agencies around the country, submitted a bid of $2,130 for each firearm, for a total of $97,980.
Yonkers accepted the bid and a purchase order was issued in September.
The firearms were received on Jan. 12, the complaint states, and payment was due by Feb. 11. After the deadline passed, Yonkers raised performance issues.
A B&T technician discovered that the city was using ammunition that required a high pressure recoil spring, according to the complaint.
B&T upgraded the recoil springs for use with higher-pressure ammunition, and inspected, test-fired and certified the firearms as functioning correctly.
The manufacturer, not Arms Unlimited, is responsible for warranty issues, according to the complaint, and B&T covered the cost of the upgrades.
Then the city allegedly complained that some of the ammunition had “bulged cases.” B&T determined that the city was using ammunition that was not marketed for “duty use” because the ammo walls were too thin.
Arms Unlimited also claims that a Yonkers police officer has been negotiating with B&T to trade in the firearms for a more expensive model.
On May 2, the officer allegedly told Arms Unlimited that the city was withholding payment for the delivered firearms as leverage in its discussions with B&T. He also allegedly asked Arms Unlimited to cover the costs of servicing the guns for an unspecified period of time, as a condition for payment.
“The City of Yonkers’ desire to obtain a different model firearm or to negotiate warranty terms with the manufacturer is not a basis to withhold payments for the firearms it contracted to acquire,” the complaint states.
Arms Unlimited accused the city of breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment.
Gilmartin said “the city expects the matter to be resolved in short order.”
Arms Unlimited is represented by White Plains law firm Pisciotti Lallis Erdreich.
