Announcement
Beyonics Technology Limited (the "Company") refers to the article titled "How will lawsuit impact Beyonics' bottomline" in the Business Times dated 18 April 2003 (the "Article").
The Company wishes to clarify that on 3 September 2002, Cain Sales & Consultancy Pte Ltd ("Cain") had filed a Writ of Summons against the Company, alleging that Cain and the Company had entered into a Sales Representative Agreement dated 15 August 2000 pursuant to which certain commissions were payable by the Company to Cain for having secured for the Company certain manufacturing agreements with Seagate Technology International ("Seagate"). The Article suggests that the claim by Cain is for an amount which could be up to S$3 million. This is incorrect. The claim by Cain is for a declaration that the commission was payable calculated at a specified percentage of the total sums received by the Company from Seagate in relation to the sale of printed circuit board assemblies over a specified period, an account of all completed transactions between the Company and Seagate for the purpose of calculating the commission due and payable, and further or in the alternative, damages for breach of contract to be assessed. The matter is currently pending before the High Court of Singapore and the trial for the matter is scheduled to commence on 21 April 2003.
The Company has been advised that it has a good defence to the claim and in any event, it has been advised that there is no basis to make a claim of up to S$3 million. The claim will not have a material adverse effect on the financial position or business of the Company taken as a whole. The claim will also not have an impact on the proposed merger between the Company and Flairis Technology Corporation Limited ("Flairis") by way of a scheme of arrangement, which was announced on 24 March 2003. The claim was disclosed to Flairis prior to the execution of the merger agreement dated 24 March 2003 between the Company and Flairis.
The Directors of the Company (including any who may have delegated detailed supervision of this Announcement) have taken all reasonable care to ensure that the facts and opinions stated in this Announcement are fair and accurate and that no material facts have been omitted and they jointly and severally accept responsibility accordingly. Where any information has been reproduced from published or publicly available sources, the sole responsibility of the Directors of the Company has been to ensure through reasonable enquiries that such information is accurately reflected or reproduced in this Announcement.
BY ORDER OF THE BOARD OF DIRECTORS
Submitted by Tay Peng Huat, Company Secretary on 21/04/2003 to the SGX
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