Kelly Holleran Jan. 21, 2013, 2:47pm

A company claims Ancon Marine failed to pay it tens of thousands of dollars for damaged or unreturned flame resistant clothing.

Cintas Corp. filed a lawsuit Jan. 10 in Jefferson County District Court against Ancon Marine.

In its complaint, Cintas alleges it entered into a flame resistant clothing agreement with Ancon Marine on Feb. 8 in which Cintas agreed to provide Ancon with its clothing needs.

Although Cintas provided Ancon with the flame resistant clothes, Ancon has failed to pay $803.31 for the materials, according to the complaint.

In addition, Cintas leased uniforms and other items to Ancon, the suit states. When it attempted to pick up the clothing, however, many of the leased items were damaged or were not returned, the complaint says.

Before leasing the material, Ancon had agreed to pay certain amounts for the replacement of items, Cintas claims.

“Based upon then current replacement values, Ancon Marine owes a total of $15,304.05 for all damaged and unreturned garments as well as the buy back of non-standard merchandise,” the suit states.

“Additionally, in the event of a breach, Defendant Ancon Marine agreed and promised to pay plaintiff, pursuant to the terms of the flame resistant clothing service agreement, the greater of the average weekly invoice total multiplied by the number of weeks remaining in the unexpired term or buy back all the garments allocated to customer at the then current replacement values.”

Based upon this section of the agreement, Ancon owes Cintas an additional $54,894.84 because of its cancellation of the contract before its expiration date, the complaint says.

Cintas alleges breach of contract against Ancon.

In addition to the money it claims it is owed, Cintas is seeking pre-judgment interest, attorneys’ fees, post-judgment interest, costs and other relief the court deems just.

Allen D. Russell of Taylor, Taylor and Russell in Houston will be representing it.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E193-813

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