CHARLESTON — A Charleston industrial equipment supplier is suing customers, alleging breach of contract, fraud and unjust enrichment.
Industrial Fuel Systems, LLC filed a complaint in Kanawha Circuit Court against TRCB LLC, Bankok Brilliantech Company Limited, Trent Timothy, Craig Bringhurst, Niramol Yangnok and Richard Blake, alleging the defendants breached the purchase agreement in failing to provide the plaintiff with an EPA-compliant ECU.
According to the complaint, on Sept. 12, 2013, Industrial Fuel Systems entered into a purchase agreement with defendants wherein it would acquire its FIT Systems kit that converts motor vehicles designed to operate on diesel into hybrid vehicles capable of operating on a blend of diesel and natural gas.
As agreed on the contract, the plaintiff said it paid $261,000 for the product but did not receive the FIT systems. This meant, the suit says, the motor vehicles have not functioned as intended because they are unsuitable for commercial use.
As a result, Industrial Fuel System says it has suffered lost profits, damages to its reputation, compounding costs, expenditures and other damages.
The plaintiff alleges the defendants have failed to provide IFS with and EPA-compliant ECU, despite this being a material term of the purchase agreement and the defendants have failed to return the monies received.
Industrial Fuel Systems seeks trial by jury, compensatory, incidental and consequential damages of $261,000, pre- and post-judgment interest, court costs, attorney fees, punitive and exemplary damages, and all other relief the court deems necessary and proper. They are represented by attorneys Floyd E. Boone, Jr. and Joshua A. Lanham of Bowles Rice LLP in Charleston.
Kanawha Circuit Court case number 18-C-740