Company says defendant took money without doing repairs

David Yates Aug. 6, 2008, 6:54am

ICO Polymers North America purchased several forklifts from Toyota Lift of Houston in 2004 and 2005, and when forklifts were in need of repair, Toyota allegedly refused to fix them, court papers say.

Seeking to recover actual and economic damages, ICO filed a breach of contract against Toyota Lift on Aug. 4 in Jefferson County District Court.

Beginning in 2004, ICO began purchasing Toyota Lift forklifts. So-called wear items such as hoses and tires were not covered under the forklifts' warranties, so ICO purchased an additional services agreement, court papers say.

"ICO contracted and hired Toyota Lift to provide appropriate forklifts, maintenance and repair services," the suit says. "Toyotalift breached its contract by failing to provide these items and services, but took ICO's money for them anyway."

The lawsuit further accuses the defendant of violations of the Deceptive Trade Practices Act and committing breach of implied warranty.

ICO is represented by Beaumont attorney David Starnes.

The case has been assigned to Judge Gary Sanderson of the 60th Judicial District.

Case No.B182-170

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