March 3, 2016—The Hybrid Shop (THS) announced that it was successful in defending its contract with Automotive Research and Design(AR&D) to remain the sole distributer of AR&D’s battery conditioning technology for hybrid vehicles.
The dispute, which was nearly a year long, came to a close in February when an American Arbitration Association appointed arbiter ruled in favor of THS.
According to court documents, the arbiter ruled that the contract remains in full force and effect, which affirms THS’ exclusive rights to, among other things, modify, make and distribute to automotive aftermarket repair and service facilities (including automobile dealerships) within a geographic field that includes the United States (including its territories), Canada, Australia and Singapore.
Also referenced in the letter of award, the arbiter enjoined AR&D from selling or offering to sell products or services related to AR&D Know-How, to automotive aftermarket repair and service facilities in the geographic field. The court documents went on to state that the evidence proved that AR&D committed, and threatens to continue to commit, material breaches of the contact, the arbiter further enjoined AR&D from allowing or permitting any third party (including FutureTech LLC) to offer or sell products or services related to AR&D Know-How to automotive aftermarket repair and service facilities in the geographic field.
This decision ensures that only THS has the legal right to offer and sell AR&D battery conditioning equipment in these markets.
“We were confident from the beginning that we had honored the terms of our contract with AR&D,” said Matt Curry, THS founder. “Our primary objective was always to defend and uphold the promises made to our existing dealers—protecting their territories, maintaining their equipment, and continuing to provide training and support. The arbitrator reviewed all the facts and ruled in THS’ favor and benefiting our dealers, allowing THS to continue to exclusively offer to the automotive aftermarket repair and service facilities in the geographic field the choice of two commercial battery conditioning units—those manufactured by AR&D and NuVant.” Curry continued, “We did not seek this dispute or in any way intend to harm AR&D, but are extremely pleased that the actions we took to protect THS and our dealers was vindicated. We look forward to returning 100% of our focus to expanding the THS network and serving our dealers.”
