Firm sues Bata over US$222k contract breach

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BATA Shoe Company (Bata) has been dragged to the High Court for failing to pay over US$200 000 owed to an electrical engineering firm.

In the application, Big Wave Automation Systems (BWAS) said the debt emanates from an agreement it entered with Bata for the supply, installation and commissioning of a system that would modernise the shoe company’s production machinery.

“Sometime in 2018, 1st plaintiff (BWAS) and defendant (Bata) entered into an oral fix and supply agreement in terms of which 1st plaintiff was to supply defendant with 81 B-Tech variable speed drives for the sum of US$222 614.

“Defendant would make a 100 percent advance payment upon confirmation of the invoice/quotation for the variable speed drives.

“Delivery of the speed drives would be effected three weeks from the date of payment of the invoice and cancellation could not be effected after the confirmation of the order,” the court was told.

According to the agreement, payment was supposed to be made through BWAS’ sister company, a co-applicant in the matter, Big Wave Automation CC (BWA CC).

“However, despite the defendant having received one of the variable speed drives and having the same installed and commissioned by the 1st plaintiff to its satisfaction and benefit, it reneged on its contractual obligation to make payment,” the court heard.

Bata has not yet responded to the application. – Daily News