XEROX Company has asked the federal court for an entry of default against Imperial Pacific International for its failure to respond to the lawsuit within the time permitted.
Xerox on Dec. 23, 2020 sued IPI in the District Court for the NMI for not paying services rendered and equipment it rented.
Represented by attorney David Banes, Xerox is asking the court to issue an order in its favor awarding it $182,905.88 for damages plus late charges and interest to the maximum extent allowed by law.
The lawsuit also demanded the return of the devices and related equipment rented to IPI, and reasonable attorney’s fees and costs.
Xerox sued IPI for breach of contract, unjust enrichment, and quantum meruit, which is Latin for “as much as he has deserved.” This is an “equitable remedy that provides restitution for unjust enrichment,” an online legal dictionary stated.
In Banes’s declaration filed with the request for entry of default, he said IPI was served with summons and complaint on Dec. 31, 2020.
“Defendant has not served a responsive pleading or filed a motion within the time provided by Rule 12(a) of the federal rules of civil procedure,” Banes said.
According to the lawsuit, on Feb. 26, 2016 Xerox entered into a services master agreement with IPI.
IPI agreed to pay Xerox for services provided to IPI and its affiliates within 30 days of the corresponding invoice.
IPI also agreed to pay Xerox a late charge of the greater of $25 or 5% of the amount overdue (but not to exceed the maximum amount permitted by law) if Xerox did not receive a payment within 10 days of the due date.
Xerox could also recover interest at the rate of 1.5% per month on amounts due and immediately terminate its services if Xerox did not receive a payment within 15 days of the due date the lawsuit stated.
After the agreement was signed by the parties, Xerox said it provided services and products to IPI, including printing device rental, and provision of related equipment, supplies and customer services.
However, as of the date of the complaint, IPI has not paid all the invoices of Xerox when due, the complaint stated.
Not counting interest or late charge, the total invoiced amount that IPI has not paid is $182,905.88, the lawsuit also stated.
