−Removed: On October 8, 2021, a filing (the “Filing”) was made with the
−Removed: Kuala Lumpur High Court by a reseller (the “Reseller”) of the Company’s INCU ionic nano copper solution (the “Solution”)
−Removed: and the Reseller’s related party (together with the Reseller, the “Plaintiffs”).
−Removed: The Reseller was authorized by WKL
−Removed: Eco Earth’s sole distributor of the Solution (the “WKL Distributor”) to resell the Solution together with a diffuser
−Removed: with a capacity of not more than 1000ml through a tripartite agreement (the “Tripartite Agreement”) entered into between (a)
−Removed: the Reseller, (b) the WKL Distributor and (c) a solution packaging company (the “Packaging Company”).
−Removed: WKL Eco Earth was not
−Removed: a party to the Tripartite Agreement and did not directly authorize or engage the Reseller in the resale of the Solution.
−Removed: In the Filing,
−Removed: the Plaintiffs claimed against (i) WKL Eco Earth;
−Removed: (iii) Chan Kok Wei, (iv) the Packaging Company and (v) two directors of
−Removed: the Packaging Company for loss and damages arising from an alleged breach of contract, defamation and tort of inducement.
−Removed: The Plaintiffs
−Removed: also alleged that pursuant to the Tripartite Agreement, WKL Eco Earth was prohibited from selling the Solution to any party other than
−Removed: the WKL Distributor, and that the Tripartite Agreement allowed for the resale of the Solution by the Plaintiffs without limitation, the
−Removed: Plaintiffs were not confined in their resale of the Solution to a product consisting of a diffuser with a capacity of not more than 1000ml.
−Removed: The Company believes the claims are without merit and will defend itself against the claims.
−Removed: Besides the above, we are not a party to any legal proceedings that in
−Removed: the opinion of our management would have a material adverse effect on our business.
−Removed: However, from time to time we may become involved
−Removed: in legal proceedings or may be subject to claims arising in the ordinary course of our business.
−Removed: Although the results of litigation and
−Removed: claims cannot be predicted with certainty, we believe that the final outcome of ordinary course matters will not have a material adverse
−Removed: effect on our business, operating results, financial condition or cash flows.
−Removed: The Company believes the claims are without merit and will defend itself
−Removed: against the claims.
+Added: On October 8, 2021, a filing (the “Filing”)
+Added: was made with the Kuala Lumpur High Court by a reseller (the “Reseller”) of the Company’s INCU ionic nano copper solution
+Added: (the “Solution”) and the Reseller’s related party (together with the Reseller, the “Plaintiffs”).
+Added: The Reseller was authorized by WKL Eco Earth’s
+Added: sole distributor of the Solution (the “WKL Distributor”) to resell the Solution together with a diffuser with a capacity of
+Added: not more than 1000ml through a tripartite agreement (the “Tripartite Agreement”) entered into between (a) the Reseller, (b)
+Added: the WKL Distributor and (c) a solution packaging company (the “Packaging Company”).
+Added: WKL Eco Earth was not a party to the Tripartite
+Added: Agreement and did not directly authorize or engage the Reseller in the resale of the Solution.
+Added: In the Filing, the Plaintiffs claimed against (i)
+Added: WKL Eco Earth;
+Added: (iii) Chan Kok Wei, (iv) the Packaging Company and (v) two directors of the Packaging Company for loss and
+Added: damages arising from an alleged breach of contract, defamation and tort of inducement.
+Added: The Plaintiffs also alleged that pursuant to the
+Added: Tripartite Agreement, WKL Eco Earth was prohibited from selling the Solution to any party other than the WKL Distributor and allow for
+Added: the resale of the Solution by the Plaintiffs without limitation, and that the Plaintiffs were not confined in their resale of the Solution
+Added: to a diffuser with a capacity of not more than 1000ml.
+Added: On April 9, 2024, a notice of withdrawal
+Added: was filed with the Kuala Lumpur High Court, whereby it was agreed upon both the Reseller and the Company that the Reseller withdraws
+Added: their claims in the Filing without liberty to file afresh and with no order as to costs, and that the Company withdraws its counterclaim
+Added: against the Reseller without liberty to file afresh and with no order as to costs.
SAFETY DISCLOSURES
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.