Fungai Lupande Senior Court Reporter
Northwood Adventist Primary School has approached the High Court with a view to getting a branded 68-seater Marcopolo Andare Class Scania bus it ordered from Marcopolo Zimbabwe last year.
The school filed summons against Nemen Investments t/a Marcopolo Zimbabwe (Pvt) Limited for failing to deliver the bus despite the school paying over 90 percent of the purchase price.
The school claims that Marcopolo Zimbabwe showed them a picture of progress in assembling the bus but when they visited its Harare factory, they only saw a shell of an old bus.
“On August 9, 2018, Northwood Adventist Primary School and Marcopolo Zimbabwe entered into an agreement for the supply of a bus with specifications,” read the summons.
“They agreed that Marcopolo Zimbabwe would manufacture and deliver the bus. The price was US$210 000.”
The two parties also agreed that the school would pay a deposit of 80 percent and the bus would be delivered within 10 to 12 weeks.
Upon delivery of the bus, Marcopolo Zimbabwe was to surrender a tax invoice, the registration book of the bus, a VID fitness certificate and a user manual and warranty documents.
Marcopolo promised a two-year or 200 000 km warranty.
“On September 14, 2018, Northwood Adventist Primary School paid US$168 000 as deposit for the bus. Marcopolo Zimbabwe acknowledged receipt of the deposit on September 20, 2018 and said they had completed the bus frame structure and was now in the process of putting the G7 face, roof fibring as well as the interior of the bus.”
The school told the court that Marcopolo Zimbabwe supplied them with images showing the bus frame fitted with a radiator and an engine.
The bus company requested another payment of US$30 000 on October 15, 2018, which the school paid in three days.
Only US$12 000 was outstanding and was to be paid upon delivery of the bus, claimed the school.
“On March 18, 2019, the school went to the bus company’s factory in Bulawayo and was advised that the bus was being assembled in Harare.”
On the same day, school representatives went to the Harare factory where they found nothing but an old bus shell.”
The court was told that on March 27, 2019, Marcopolo Zimbabwe advised the school that the bus would be delivered within four months.
A second trip was made to the Bulawayo factory in May this year but there was no bus and the school is claiming that the bus company failed to honour its obligations.
Now they want the court to order Marcopolo Zimbabwe to deliver the bus within seven days of an court order.