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MACH Flynt alleges breach of contract by supplier Veritiv over defective glass packaging

LOUISIANA RECORD

Tuesday, December 3, 2024

MACH Flynt alleges breach of contract by supplier Veritiv over defective glass packaging

Federal Court
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A Louisiana-based company is embroiled in a legal battle over defective products, claiming significant financial losses due to alleged breaches of contract and warranty. On October 20, 2024, MACH Flynt, Inc., filed a complaint in the United States District Court for the Western District of Louisiana against Veritiv Operating Company. The plaintiff accuses Veritiv of failing to deliver glass packaging products that met agreed specifications and standards.

MACH Flynt, Inc., an importer and distributor of spirits based in Lake Charles, Louisiana, entered into a Master Supply Agreement with Veritiv on October 30, 2023. This agreement required Veritiv to supply specific glass packaging products with express warranties ensuring conformity to written descriptions and freedom from defects. However, upon receiving the products on January 25, 2024, Flynt discovered multiple defects such as breakage, cracks, bore hole cracks, mold release on bottles, bubbles in the glass, split finishes, and thin glass. These issues allegedly violated the express warranties outlined in their agreement.

Flynt's complaint further highlights that the products failed to meet industry standards because they lacked laser imprints indicating production date and time and were not packaged in production order. This oversight rendered the products untraceable—a violation of both industry norms and Veritiv’s own policies. Consequently, Flynt issued a notice to Veritiv on March 20, 2024, rejecting all delivered products under the agreement and requesting a refund totaling $366,567.36. Despite receiving this notice by April 10, 2024, Veritiv has yet to issue any refund.

The lawsuit filed by MACH Flynt seeks several forms of relief from the court: damages for breach of express warranties and contract amounting to $366,567.36; a declaratory judgment confirming that the supplied products are defective or non-conforming; cancellation or termination of their agreement; and exemption from any further payment obligations under said agreement. The case is being pursued under Delaware law as per their contractual terms.

Representing MACH Flynt are attorneys James A. Brown and Jonathan J. Fox from Liskow & Lewis law firm based in New Orleans. The case has been assigned Case ID: 2:24-cv-01444 but details regarding judges involved remain unspecified at this stage.

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