TAMPA — An importer is suing InterGlobal Products Inc., a procurement broker, citing alleged breach of contract, breach of implied warranty, breach of express warranty and unjust enrichment.
The Tides Commodity Trading Group Inc. filed a complaint on Oct. 13, in the U.S. District Court for the Middle District of Florida against InterGlobal Products Inc. alleging that the procurement broker breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that, on May 21, 2015, The Tides Commodity Trading Group Inc. and defendant entered into a contract wherein defendant would sell and assume all risk of damage to plaintiff's order of organic black chia seeds until the goods were received in good condition for a total cost of $264,554.40. The order was divided into five separate shipments, and at defendant's request, the plaintiff pre-paid $52,910.88. When the second shipment was picked up by plaintiff's trucking contractor and delivered to its warehouse from defendant's care, it was discovered to be contaminated by rodent feces and urine. Plaintiff immediately communicated rejection of the second shipment to defendant, but it refused to accept the rejected shipment or to provide further directions on how to deal the shipment. As a result, plaintiff has suffered damages in the amount of $168,977.69 plus interest.
The plaintiff holds InterGlobal Products Inc. responsible because the defendant allegedly failed to properly store the goods at their own warehouse, refused to remedy an obvious defect in performance and failed to communicate with plaintiff throughout the contamination management process.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages in the sum of $168,977.69, interest, costs of action, attorney's fees, costs, expenses and further relief deemed just. They are represented by Robert Sowell of Baker & Hostetler LLP in Orlando and Eric L. Barnum and Kevin D. Bradberry of Baker & Hostetler LLP in Atlanta.
U.S. District Court for the Middle District of Florida Case number 8:16-cv-02914