Forklift dealer Delta Materials Handling Inc has sued Hoist Liftruck Manufacturing Inc for breach of contract.
Delta seeks a judgement of USD32,777 plus interest and legal fees. In the suit, filed in the Shelby County Circuit Court in Memphis on May 14, Delta alleges Hoist has refused to reimburse Delta for warranty work on Hoist products.
The suit says Delta performed, but was not compensated for, USD9,980 in work that Hoist authorised. Also, Delta said it submitted other warranty claims for USD22,799 that Hoist denied.
"It is unfortunate when the supplier-dealer relationship breaks down, and a lawsuit must be filed," said Robert Uhlmann, a Memphis attorney representing Delta. "We attempted to find a mutually-agreeable solution with Hoist, but they left us with little hope of finding a solution. Our position is correct and legitimate, and we are confident the court will agree."
Based in Bedford Park, Illinois, USA, Hoist manufactures heavy-duty forklifts. Hoist's attorney, Edward D Shapiro, a principal with a Chicago law firm, was not available for comment, and Hoist management did not respond to Forkliftaction.com News's requests for comment.
Memphis-based Delta has mid-south branches in Jackson, Tennessee; Tupelo, Mississippi; and Jonesboro, Arkansas. Among others, Delta represents Clark, Daewoo Lift Trucks, Linde, Mitsubishi Forklift Trucks, Drexel and Prime Mover.