Easdale glass company wins case against window installer Greenock

A window and glass manufacturer owned by Sandy and James Easdale has won a court battle against a Greenock-based window installer after failing to fulfill a purchase agreement between the companies.

Inverclyde Windows Manufacturing Ltd entered into a legally binding agreement to exclusively purchase all of its glass from brothers-owned Supaseal Glass Ltd in December 2015.

The contract, which was to run for five years until December 31, 2020, was ruled by the Edinburgh Court of Session as a binding, binding and enforceable agreement, despite Inverclyde Windows Manufacturing’s statements to the contrary.

Subject to Inverclyde Windows Manufacturing appealing the decision, a separate hearing will now take place to determine how much Supaseal Glass will receive in damages – which could be well into the six figures – unless the amount can be agreed in outside the court.

During the hearing, Inverclyde Windows Manufacturing denied having entered into a binding contract relating to the exclusive purchase of glass from Supaseal Glass. The deal had been reached at a meeting where the sale of Inverclyde Windows Manufacturing shares was also agreed and subsequently successfully completed.

In the judgment by Lord Braid, it was found that Inverclyde Windows Manufacturing had entered into the purchase agreement, which its manager, Mark Gorman, had denied. The Inverclyde manager testified that the company subsequently bought glass products elsewhere, contrary to the terms of the agreement.

Lord Braid in his judgment said: “I do not find Mr Gorman to be a credible and reliable witness.”

Alex Gray, Managing Director of Supaseal Glass, said: “While we would have preferred to reach an amicable settlement, we are pleased that the Court of Session has ruled in favor of Supaseal Glass. We pride ourselves on setting the standards in the supply of energy efficient glazing systems and continue to invest heavily in modern plant and machinery to ensure we maintain our position at the forefront of the industry and develop our manufacturing base and skilled workforce to enable our network of installation partners to deliver the best products available to the end consumer.

“It is deeply disappointing when a customer chooses not to honor the contract they voluntarily entered into. In this case, we hope that damages for the significant financial loss suffered by Supaseal Glass can be agreed out of court, but this issue will ultimately be decided by the other party’s approach.

Pamela Rodgers, senior partner at PBW Law and solicitor for Supaseal Glass, said: “The Court of Session found that Supaseal Glass and Inverclyde Windows Manufacturing had entered into a binding and enforceable contract despite representations to the contrary. Both parties had to fulfill their subsequent roles for the required period, but ultimately only Supaseal Glass was willing to do so. We are now awaiting a decision on damages.

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