DIFC 408/2020
Mark L.l.c v Martha Contracting Llc
This case involved the non-payment of invoices for building products. The terms of business involved an agreement for claims under one million AED to be heard by the Small Claims Tribunal. There was no evidence these goods were faulty.
Background
The Claimant was Mark a company which produced adhesives and chemical products for the building industry, located in Dubai.
The Defendant was Martha, a construction company, located in Dubai.
The underling dispute arose over the recovery of an unpaid debt together with associated penalties, interest and costs.
The Claimant had started supplying construction materials to the Defendant on 15 May 2018 and continued supplying materials until May 2019. When providing the Defendant with quotations for the prices, the quotation contained terms and conditions, to which the Defendant agreed.
The supplying of materials went through a process which involved the client putting forward an inquiry about the material. After which, the Claimant supplied the materials to the Defendant, as required, and issued invoices on an ongoing basis, and these invoices were paid by the Defendant under the Terms of Business.