Richard B. Eason
GRETNA – A Jefferson Parish-based industrial chemical products company is suing a Minnesota-based printing products company for allegedly selling them defective labeling equipment.
WECHEM filed suit against Primera Technology, Inc. in the 24th Judicial District Court on Oct. 11. WECHEM claims it agreed to purchase a labeling unit including a printer and finisher from Primera in November 2009 for $43,500. The plaintiff claims that they at first it only received the labeling unit, which malfunctioned repeatedly and that the finisher was not delivered until six months later. The plaintiff further claims that by purchasing the labeling and finishing system it would save them money - a position shared by Primera, the suit claims. WECHEM asserts that the defective condition of the labeling system contributed to increased production costs.
The defendant is accused of violating the Louisiana Unfair Trade Practices Act, breaching its express warranties, breaching its implied warranties against latent vices and defects and failing to properly warn of the defective condition of the labeler.
WECHEM claims it has given Primera numerous opportunities to correct defects and to comply with the warranty, but all attempts to remedy the problems caused by Primera have been unsuccessful.
An unspecified amount in damages is sought to rescind the sale of the labeler machine and award the plaintiff a return of the purchase price plus interest, attorney's fees, costs for damages associated with the malfunctioning of the printers including labor costs, repair costs and the purchase of auxiliary equipment.
WECHEM is represented by Richard B. Eason of New Orleans-based Adams & Reese.
The case has been assigned to Division L Judge Donald A. Rowan, Jr.
Case no. 719-975.