WEST VIRGINIA RECORD

BECKLEY - Winterplace Ski Resort is suing over claims Snow Machines Inc. breached terms of their contract and failed to repair snow machines.

New Winterplace LLC, doing business as Winterplace Ski Resort filed, a lawsuit Sept. 23 in the United States District Court for Southern District of West Virginia's Beckley Division against Snow Machines Inc., citing breach of contract, breach of express warranty, breach of implied warranty of merchantability and breach of implied warranty of fitness.

Winterplace Ski Resort says it entered into contracts with Snow Machines Inc. on April 28, 2009, and May 27, 2010, for the purchase of snowmaking machines.

The complaint states the contracts included a three-year warranty on all parts and workmanship. The plaintiff states the machines purchased and installed at Winterplace Ski Resort became frequently clogged and unable to produce snow.

To prevent future clogging, the aluminum manifolds need to be replaced with stainless steel manifolds, but Snow Machines Inc. has not corrected the defect, according to the complaint.

The plaintiff is seeking an undisclosed amount of damages, including specific performance and injunctive relief. Winterplace Ski Resort is being represented by attorneys Jeffrey M. Wakefield and Wesley P. Page of Flaherty Sensabaugh Bonasso PLLC in Charleston.

United States District Court for Southern District of West Virginia Beckley Division Case No. 5:13-cv-23421