The company is an important supplier to many wholesalers of trimming and hardware. Sources said the company expects to produce all back orders through January 18 but it is still not known whether or not this company will again emerge as a viable entity in the marketplace.
The company was owned by Franco Beltrame. Customers were notified by letter that the liquidation was taking place in the East London, South Africa headquarters. Phone Number. Company Name. Business Shutdown. Business Hours. Would you like to receive quotes from other professionals. You'll have a chance to add more details next. Are you sure you want to cancel the request? Download Apps. Terms Privacy Cookie Policy. Textile companies continuing to fail.
Factory closures and retrenchments are continuing in SA's clothing and textile sector but consumer demand remains solid and the rate of collapses seems to be slowing. Image courtesy of FreeDigitalPhotos. Credit: Suat Eman. Email Print PDF. Our products include workstations, web applications and data feeds packaged with in-depth news and powerful analytical tools empowering clients to make meaningful decisions.
We pride ourselves on our wide variety of in-house skills, encompassing multiple platforms and applications. These skills enable us to not only function as a first class facility, but also design, implement and support all our client needs at a level that confirms I-Net Bridge a leader in its field. Read more: clothing , textile industry. Expanded list of clothing now allowed for sale under Level 4 13 May According to Fabricut, invoices , , , , , , , , , , , , , , , , , , , , , , , and are for Jeweled Collection product.
On January 5, , Voigt and Vic Beltrame sent a letter to Finer informing him that Castellano had been placed into provisional bankruptcy and stating that the liquidators "require that all outstanding accounts be brought up to date.
On January 25, , Steven Heywood "Heywood" , a Castellano employee, sent an email to Finer stating that Castellano had inventory of "Portfolio and Jeweled Ranges" and that it would "naturally prefer" Fabricut to buy them. The following day, on January 26, , Finer responded by stating his concerns regarding Heywood's authority to enter into transactions on behalf of Castellano following appointment of a liquidator. Finer also offered to buy certain inventory in Florida "at some discount.
On January 26, , Voigt sent Finer an email stating that he had requested Heywood's assistance with collecting debt and selling inventory. Voigt also requested that Finer respond as to whether Fabricut wished Castellano to manufacture outstanding orders. Voigt did not respond to Finer's offer regarding the Florida inventory, and Finer did not agree to any further manufacturing of outstanding orders. The parties agree that 1 Oklahoma law governs the dispute, and 2 Article 2 of the Oklahoma Uniform Commercial Code "OUCC" is applicable because all transactions underlying the parties' claims are "transactions in goods.
Voigt moves for summary judgment on its claim for breach of contract, arguing that the invoices reflect unpaid amounts due and owing for goods received and kept by Fabricut. Fabricut admits that it received and kept the goods without paying the invoices but asserts that questions of fact preclude summary judgment in favor of Voigt as to thirty-three of the forty-two invoices.
With respect to the twenty-four invoices that allegedly relate to Jeweled Collection product, Fabricut argues that it rejected the products based on the defective bead. If a buyer of non-conforming goods 1 rejects the goods, or 2 accepts the goods but then subsequently revokes such acceptance, the buyer is "freed from its obligation to pay the purchase price" or may recover that portion of the purchase price already paid.
CMI Corp. Leemar Steel Co. Fabricut's evidence is sufficient to preclude summary judgment as to these twenty-four invoices. First, it appears to be undisputed that the goods were non-conforming. Cash testified that Castellano acknowledged the problem with the defective bead after seeing it.
In correspondence, Castellano representatives referred to the product as "defective" and entered into negotiations to attempt to remedy the problem. At a minimum, Fabricut's evidence is sufficient to survive a motion for summary judgment on the question of non-conformity.
Second, there exists a question of fact as to whether the Jeweled Collection product was "rejected" by Fabricut. Under the OUCC, the "rejection of goods occurs when a buyer, within a reasonable time after the delivery or tender, seasonably notifies the seller of his rejection. Any rejection must be "clear and unambiguous. The record indicates that, upon inspection of the Jeweled Collection product, Cash promptly notified Castellano of the defect and communicated Fabricut's desire to return the defective product.
Cash stated:. Cash Aff. B to Resp. J, at Fabricut's evidence is sufficient to create a question of fact as to whether Fabricut clearly and timely rejected any Jeweled Collection product with the defective bead. Argo Int'l Corp. Finally, assuming the goods were initially accepted, the record creates a question of fact as to whether Fabricut revoked its acceptance.
Spencer, P. Fabricut's evidence could support a finding that it accepted the goods on the assumption that Castellano would either cure the non-conformity or agree to a reasonable discount on the product, which it ultimately failed to do. Upon Castellano's failure to cure and the breakdown of any such negotiations, Fabricut could be deemed to have revoked any acceptance that occurred. See CMI Corp. Based on the factual questions raised by Fabricut's evidence, Voigt is not entitled to summary judgment as to any invoices for Jeweled Collection product.
With respect to the nine invoices that allegedly relate to Anthology Collection sample books, Fabricut argued that a question of fact exists regarding the accuracy of the invoiced amounts:. In its supplemental brief addressing the OUCC, Fabricut argued that failure of the invoices "to expressly reflect the Prepayment does not keep the Prepayment from determining the price of the goods agreed upon.
See Reply in Support of Mot. Voigt did not make any arguments specifically related to this issue in its supplemental brief addressing the OUCC. Finer offered detailed testimony regarding Castellano's production problems, cash-flow problems, and request for assistance from Fabricut.
Fabricut also offered 1 checks dated December , which corresponds with Finer's testimony, Ex. C-1 to Resp. C to Resp.
0コメント