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A Michigan-based industrial equipment supplier has sued an Elkhart machine manufacturer for over $250,000, alleging the Indiana company has failed to pay commissions for several years.
DSI Machinery, LLC, a Michigan company involved in the industrial equipment sales, filed its complaint on Nov. 13 in the Elkhart Superior Court, requesting transfer to the Commercial Court docket.
The complaint alleges Tube Form Solutions, LLC, an Elkhart manufacturer and distributor of tube-forming machinery, has failed to pay DSI its agreed-upon 10% commission rate for DSI’s services as Tube Form Solutions’ executive sales representative in the Midwest region.
The Indiana Lawyer left a message for the owner of Tube Form Solutions through a representative who answered the phone at the company but did not receive an immediate response.
According to the complaint, the two companies entered into an exclusive sales representative agreement on Jan. 15, 2019. The agreement appointed DSI as Tube Form Solution’s exclusive sales representative for areas in Michigan, Indiana and Ohio.
Under the agreement, DSI is entitled to a 10% commission on the net amount charged by Tube Form Solutions.
DSI says that, in 2019, it secured numerous sales for Tube Form Solutions’ products and issued timely commission statements.
However, DSI alleges Tube Form Solutions has failed to pay DSI the full commission owed under their agreement, now amounting to at least $259,343.
DSI requests the court to award them the commission owed, along with court fees.
The case is DSI Machinery, LLC, v. Tube Form Solutions, LLC (20D02-2511-CE-000010)
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