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Puzey&Payne gets 6 weeks to deliver Fatima school bus

by Mashudu Netsianda
02 Jun 2016 at 06:28hrs | Views
THE High Court has ordered Puzey and Payne (Pvt) Ltd to comply with the terms of agreement to supply a bus to Fatima High School within six weeks failure of which the school should be reimbursed $100,000.

Bulawayo High Court judge Justice Nicholas Mathonsi's ruling follows an application by Fatima High School Development Council (SDC).

THE SDC sought an order compelling Puzey and Payne to either deliver a 63 seater bus or pay back $100, 000 paid by the school.

In papers before the court, Fatima SDC is the plaintiff while Puzey and Payne was cited as the defendant.

"The defendant be and hereby ordered to deliver a Yutong 63 seater bus within six weeks of this order. Upon failure to deliver, there has to be a cancellation of the agreement of sale and repayment to the plaintiff of $100,000," ruled Justice Mathonsi.

The judge also ordered the motor company to pay the money with interest calculated from the date of issue of summons to the date of final payment.

Fatima High School took Puzey and Payne to court for breaching the terms of contract in a botched bus deal.

The school and the motor supply company entered into an agreement of a sale of the bus valued at $120,000.  According to the terms of agreement, the school was to pay an initial deposit of $40,000 with the balance payable within a period of two school terms.

The school through its lawyers, Advocate SKM Sibanda and Associates, accused Puzey and Payne of breaching the agreement by failing to adhere to its terms.

"In terms of the agreement, the plaintiff paid $40,000 deposit by June 2, 2014, and expected that the defendant would deliver the bus within six weeks from that date as per agreement. On June 8, 2015, after the school had already paid $80,000, defendant indicated that it needed the balance of $40,000 despite the fact that there was no tangible evidence that the bus would be delivered," said the school's lawyers.

Fatima SDC said it paid an extra $20,000 on July 29, 2015 bringing to $100,000 the total amount. The school said it could not pay the full amount since it was using funds from parents.

Puzey and Payne is also locked in another legal wrangle with St James High School for allegedly breaching terms of contract in another botched bus deal.

The school and the motor supply company entered into an agreement for a sale of a 33 seater bus valued at $56,400.  St James High School paid $48,700, but nothing was delivered.

Source - chronicle