Candy Tops claims damages

Lodestone Brands (PTY) Ltd trading as Candy Tops is asking the East London High Court to compel Ingenoir CC to pay them R2.63-million for failing to install a system to wrap sweets for their East London factory, Champion Toffee.

Candy Tops told the court that in March 2013 the two entities had entered into an agreement over the design and installation of a packaging system.

It was agreed that a machine would pack 600 toffees per minute divided into two lines of 300 toffees. It was further agreed the system would pack the toffees into boxes in layers, in a specified configuration.

The matter was unopposed in court. But judge Dawid van Zyl ordered that Ingenoir be granted leave to defend the case.

According to Candy Tops, they had planned to retrench staff in August 2014 and so needed the system to work effectively.

In terms of the contract, it was agreed that the automated system would be completed within 12 to 16 weeks.

In Candy Tops’ court papers, they say: “At all material times held itself out as an expert in the design, manufacture, construction and installation of automated packaging systems.”

In their contract, Candy Tops claims, it was agreed that the system would be considered unfit if they did not:

lDeliver the appropriate number of sweets in a box;

• Seal the box;
• Have six boxes on a tray; and
• Have the tray delivered down a conveyor belt to be shrunk and wrapped.

Candy Tops said they would not be able to use the system for the purposes intended and would suffer damages.

However, by August 2014 a physical inspection of the packaging system revealed delays. Problems included a sweet count that varied between 118 and 128.

“By reason of the breach, which goes to the root of the agreement between the parties, has cancelled the the agreement,” part of the papers read. — siyab@dispatch.co.za