Southeast Texas Record

Thursday, February 20, 2020

Company seeks contract resolution

By Carol Ostrow | Apr 17, 2015

Contract signing

GALVESTON – A Galveston County chemical manufacturing company is suing a Michigan firm to resolve a contractual disagreement.

TM Chemicals Limited Partnership (TMC), of Deer Park, filed a petition against SPE Wax Technologies LLC, of Niles, Mich., in Galveston County District Court on April 10, alleging the need to resolve a 2013 manufacturing dispute.

SPE sells polyethylene polymer wax products. Prior to 2013, the defendant approached the plaintiff to provide toll processing services for one of its products. TMC entered into a business agreement with the defendant to allow for the toll manufacture of its products in its Texas lab and production facilities using SPE’s manufacturing process and technology.

For reasons unknown, according to court documents, the parties were unable to assess the cost-effectiveness of such an operation. TMC was unwilling to commit to manufacturing without more information; the complaint states that they agreed on a trial period to better evaluate the plan, but were then unable to agree to pricing terms.

The plaintiff maintains that SPE has sought to force production without a written contract and at unsustainable prices; and that TMC has demonstrated a willingness to engage in mediation, and has offered a compromise; but that the defendant insists on terms to which it has not agreed.

TMC seeks declaratory judgment for SPE to be cited and that declaratory relief be granted to TMC; up to $100,000 in compensation as determined by the court; pre- and post-judgment interest; attorney’s fees; expenses; and costs. The company is represented by Jack Brock and Andres Soto of Mills Shirley in Galveston.

Galveston County District Court case no. 15-CV-0355

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