Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A BULAWAYO-based supplier of imported buses contracted by Founders High School to supply a school bus worth more than US$200 000 has been taken to court for “squandering” the money and failing to supply the vehicle in a botched deal.
Founders High School, through its lawyers Mashayamombe and Company Attorneys, filed summons at the Bulawayo High Court citing Nemen Investments t/a Marcopolo Zimbabwe, as a defendant.
In papers before the court, the school said sometime in July last year, it sought and obtained a ministerial approval to buy a 71-seater school bus from Marcopolo Zimbabwe. The school said it paid a total of US$230 000 being the purchase price and other ancillary costs.
“On or about May 21, 2018, defendant quoted the plaintiff the sum of US$219 000 for supply and delivery of a Marcopolo bus Viaggio 1050. The school accepted the terms of the quotation and proceeded to make a payment in the sum of US$230 000 on November 29, 2018,” said the lawyers.
According to the terms of the agreement, the bus was to be assembled in accordance with the specifications attached to the quotation and delivered to the school within 12 weeks.
“On December 17, 2018, the defendant acknowledged receiving the full purchase price for the bus and undertook to complete and deliver the bus on January 16 this year,” stated Founders High School in court papers.
The school said despite having made full payment, Marcopolo has failed, refused and neglected to deliver the bus as per agreement.
Founders High Schools wants an order that compels Marcopolo Zimbabwe to deliver the bus within 14 days from the date of service of the order and pay the legal costs.
Marcopolo Zimbabwe is yet to respond to the summons. Another school, Northwood Adventist Primary School has also dragged Marcopolo Zimbabwe to court after the bus dealer failed to deliver a 68-seater bus worth US$210 000.
The school also entered into an agreement with Nemen Investments T/A Marcopolo Zimbabwe on August 9, 2018 wherein a bus branded in the school colours was the consignment. Marcopolo Zimbabwe was supposed to make and deliver the 68-seater Marcopolo Andare Class Scania bus. The school said the bus hasn’t been delivered despite paying the agreed 80 percent deposit of US$168 000.-@mashnets
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