Re: Status of EDIG's counterclaims-DAMAGE... OWED BY EDIG COULD BE $25,000 OR LESS
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Message: Pacer: additional DigEcor filings
SILVER , EDIG EVEN DISPUTE THE DAMAGES IN REGARD TO BATTERIES AND DEFECTIVE
UNITS AS FOLLOWS
e.Digital argues that it had no obligation to deliver the
digEplayers to digEcor under the PO. Instead, e.Digital argues, it was Maycom that was
obligated under the PO to deliver the digEplayers
digEplayers to digEcor under the PO. Instead, e.Digital argues, it was Maycom that was
obligated under the PO to deliver the digEplayers
Additionally, e.Digital argues that digEcor should be seeking to recover directly from
Maycom for the breach of the PO even though digEcor has no contractual privity with Maycom.
There is no doubt that Maycom is responsible to e.Digital for breaching its contract with
e.Digital, and e.Digital is pursuing legal action against Maycom.
Maycom for the breach of the PO even though digEcor has no contractual privity with Maycom.
There is no doubt that Maycom is responsible to e.Digital for breaching its contract with
e.Digital, and e.Digital is pursuing legal action against Maycom.
But here e.DIGITAL agrees for $25,000 or less
58-62. e.Digital denies the allegations in paragraphs 58 through 62 of the Complaint. e.Digital further alleges that if e.Digital were unjustly enriched, such unjust enrichment would be limited to $25,000 under paragraph 11 of the DRM.
digEcor’s claims and damages, if any, are barred or limited by paragraph 11 of the DRM, which, inter alia, disclaims warranties, excludes liability for “any lost profits, lost savings or any
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Case 2:06-cv-00437-TS-DN Document 92 Filed 05/29/2007 Page 19 of 23
other incidental, special or consequential damages,” and provides a “sole and exclusive remedy for any and all claims concerning the DRM project based in contract, tort or otherwise, in law of equity, including but not limited to claims based upon EDIGITAL’s failure to perform under this Agreement, EDIGITAL’s breach of this Agreement . . . shall be limited to money damages, specifically, the lesser of the actual amount paid under this Agreement or $25,000 USD.”
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Case 2:06-cv-00437-TS-DN Document 92 Filed 05/29/2007 Page 19 of 23
other incidental, special or consequential damages,” and provides a “sole and exclusive remedy for any and all claims concerning the DRM project based in contract, tort or otherwise, in law of equity, including but not limited to claims based upon EDIGITAL’s failure to perform under this Agreement, EDIGITAL’s breach of this Agreement . . . shall be limited to money damages, specifically, the lesser of the actual amount paid under this Agreement or $25,000 USD.”
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