scheint so, dass sie nicht aussergerichtlich gelöst werden kann. Der 2.8.18 ist allerdings recht weit....
Quelle Sec Bericht vom 8.8.17 Seite 13
PART II - OTHER INFORMATION
Item 1. Legal Proceedings.
As previously reported in our Annual Report on Form 10-K filed with the SEC on March 28, 2017, on March 1, 2017, USA Technologies Inc., or USAT, filed a claim against us and our U.S. subsidiary, OTI America Inc., or OTI America, in the U.S. District Court, Eastern District of Pennsylvania. The claim asserts, among other things, that products sold by us to USAT’s manufacturing subcontractor, Masterwork Electronics, Inc., or Masterwork, fail to conform to promised specifications in that they do not include Apple Value Added Services, or VAS, an add-on feature to Apple Pay which was then not yet offered on our products. USAT seeks payment of $4,912,600 plus interest and costs, comprised of $728,800 to cover payment for alternative products, and $4,183,800 to cover costs of replacing the allegedly non-conforming products already installed. We deny the allegations asserted by USAT and intend to defend the claim vigorously. OTI America submitted its answer to USAT’s complaint on April 24, 2017. We submitted our answer to USAT’s complaint on May 8, 2017. Discovery in this proceeding is currently underway. A pre-trial conference for this matter is scheduled for August 2, 2018 with trial dates to be set thereafter Based on the advice of counsel, we currently believe that neither OTI America nor we have any obligations to USAT in connection with USAT’s claims specified above.
As previously reported in our Annual Report on Form 10-K filed with the SEC on March 28, 2017, on March 3, 2017, we filed a claim against Masterwork in the U.S. District Court for the Northern District of California. We seek payment of $2,518,000 plus interest and costs as a result of Masterwork’s refusal to perform its obligations in connection with a purchase order supplied by Masterwork to us, based on Masterwork’s allegations that its customer, USAT, had apparently claimed that the products do not include the VAS feature requested by USAT, though such feature was then not offered by us and was not specified in the purchase order. The products subject to USAT’s litigation mentioned above include the products subject to the purchase order referred to in our claim against Masterwork. Masterwork submitted its answer to our complaint on April 20, 2017. On May 26, 2017, we amended our complaint to add USAT as a defendant, asserting claims against USAT for tortious interference with contract. On June 3, 2017, Masterwork moved to transfer the California matter to the U.S. District Court, Eastern District of Pennsylvania so that it be consolidated with the above-described USAT litigation. Masterwork’s request was granted on July 20, 2017, resulting in the transfer of this matter to the Eastern District of Pennsylvania where it is expected to be consolidated with the USAT litigation described above. Based on the advice of counsel, we currently believe that we have a meritorious claim against Masterwork and USAT. |
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