WEIGHBRIDGE Tech Africa Limited has sued Zambia Railways Limited in the Lusaka High Court demanding payment of over US$167,310 as balance for the installation of two digital portable in-motion weighbridges.
According to a statement of claim filed in the commercial registry, Weighbridge Tech Africa Limited is also claiming payment of K29,000, expenses they incurred for air travel, transport for local technicians, accommodation and food.
The plaintiff stated that in December 2013, it entered into a contract with ZRL for the supply and installation of two digital portable in-motion weighbridges.
The plaintiff stated that on November 26, 2014, the defendant requested for a quotation which was sent within the stipulated US$291,500.
The plaintiff stated that the defendant sent a purchase order on January 7, 2015 to them requesting that the order be made in Zambian kwacha instead of dollars which they complied with and allowed the works to proceed.
They stated that they supplied the weighbridges to the defendant as agreed and installed the first one that was calibrated and ready to be commissioned and handed over.
The plaintiff stated that the second weighbridge was installed and awaited trains to be availed by the defendant who did not provide them as agreed.
They stated that they went to the site on several occasions without the defendant availing the trains as agreed thereby rendering the exercise academic.
The plaintiff stated further that ZRL went to site and tampered with the installation of both weighbridges, when they wanted to install their own old weighbridges which effectively rendered the two installations they made to be void and fresh installations should be done all over again.
The plaintiff added that ZRL paid them US124,189.64 of the agreed sum, leaving a balance of US$167,310.36.
They stated further that ZRL had not honoured the terms of the agreement which stipulated that 25 per cent of the contract price was to be paid as advance, 50 per cent on delivery and 25 per cent upon commissioning which total of US$218,625 was supposed to be paid before installation commenced.
The plaintiff stated that on four occasion, it incurred extra costs on air tickets from South Africa to the Copperbelt and accommodation due to failure by the ZRL to prepare the area to be worked on amounting to K29,000.
“The plaintiff shall aver that the supply and installation of the two weighbridges was successfully done and one was ready for commissioning while the other only remained to be calibrated and commissioned but calibration of the second weighbridge was done as the defendant failed to complete its contractual obligation,” the statement further read.
The plaintiff is claiming the outstanding balance of US$167,310.36 on the contract, K29,000 incurred on expenses for air travel, transport for local technicians, accommodation and food.
They are also seeking interest at the current bank lending rate, any other relief as the court deems fit and costs./