In A03A1218, Imex International, Inc. ordered a machine from the Italian corporation, Wires Engineering, s. r. j. to make diamond wire by coating aircraft cable with polyurethane to cause diamond beads to adhere to the cable. The machine was delivered in January and invoiced to Imex, which did not pay the invoice in full but made a partial payment of the invoice price with no written protest to the invoice price. In January and February, after testing the machine for about 30 days, Imex made a written rejection on July 22, 1999, because Imex contended that the machine did not work as represented and worked like the machines that it already had. Wires brought suit on open account, which Imex answered, raising issues of no agreement as to price, failure of consideration, rejection, and lack of a certificate of authority. Wires moved for summary judgment, which the trial court granted. Finding no error, We affirm. In A03A1219, Imex contracted with the Italian corporation, Co. Fi. Plast., s. a. s., an affiliate of Wires, to supply it with diamond beads for use in making diamond wire, which wire is used to cut stone; but Imex contended that the beads delivered to it by Co. Fi. were defective, because Imex’s customers stated that the diamond wire was defective. Co. Fi. had a policy of granting a credit for defective beads, but to receive the credit, Imex had to return the defective beads to Co. Fi. for verification of the defects, which was not done in this case. As part of the purchase agreement, Imex alleged that it was to act as Co. Fi.’s exclusive sales agent in the United States if Imex purchased $300,000 worth of beads annually and that Imex would receive a rebate of 5 for sales in excess of such sum; however, there was no written evidence of the rebate or the agency agreement. Co. Fi. sued Imex on open account for non-payment of the beads shipped, and Imex answered and counter-sued for damages for set-off and recoupment. Imex never returned to Co. Fi. any of the beads that it contended were defective. Co. Fi. moved for summary judgment, which was granted. Finding no error, we affirm.
A03A1218
