Night vision device manufacturer sues reseller for breach of contract

By Philip Gonzales | Oct 12, 2018

PHILADELPHIA — A manufacturer is suing U.S. Night Vision Corp., a reseller, citing alleged breach of contract.

Night Vision Devices Inc. filed a complaint on Sept. 21 in the U.S. District Court for the Eastern District of Philadelphia against U.S. Night Vision Corp. alleging failure to pay merchandise ordered.

According to the complaint, the plaintiff alleges that between July 13 and Oct. 11, 2017, plaintiff supplied 395 BNVD night vision devices and 395 external battery packs to defendant with a purchase amount of over $3.1 million plus 96 battery packs in soft cases worth over $40,900. 

After all proper credits for all payments made and returned, merchandise, if any, a balance of $277,033.46 has still been owed for nearly a year, the suit says. The plaintiff holds U.S. Night Vision Corp. responsible because despite repeated demands for payments and despite receiving payments from its customers, the defendant has allegedly never made any payment.

The plaintiff requests a trial by jury and seeks judgment that it can retain and is not required to return merchandise worth $277,400 until defendant pays its outstanding balance of $277,033.46 for its costs in this action and such other just and equitable relief. It is represented by Theodore Jones of Fox Rothschild LLP in Philadelphia.

The U.S. District Court for the Eastern District of Philadelphia Case No. is 5:18-cv-04081-JFL.

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Fox Rothschild LLP U.S. District Court for the Eastern District of Pennsylvania Philadelphia Division

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