GeoTechVision to claim for loss and damages in tablet termination dispute with e-Learning Jamaica

The court today upheld judgment in favour of e-Learning Jamaica, refusing to grant the order sought by GeoTechVision for the appointment of an arbitrator.

However, by late this afternoon, GeoTechVision declared it has instructed its attorneys to make a formal claim on e‐Learning Jamaica for loss and damages.

“We categorically refute reports in sections of the press and in social media channels that the matter was dismissed by the court.

“In point of fact, the primary matter before the court today was whether the Tablets in Schools contract between GeoTechVision and e‐Learning Jamaica is currently active; and it is in this specific matter, that the court ruled that an arbitrator could not make a determination on that issue.

“The claim for loss and damages was not before the court, and GeoTechVision’s attorneys will now vigorously pursue this matter to ensure payment by e‐learning Jamaica,” GeoTechVision said in a statement to the press.

On November 23, 2018, e-Learning Jamaica entered into a US$16 million contract with GeoTechVision for the provision of tablets, syncing carts and services for the Tablets in Schools project.
But in what e-Learning Jamaica described as “failure of GeoTechVision to perform and meet its obligations under the contract” it had no choice but to serve a notice of termination in September, 2019. GeoTechVision has rejected this assertion, contending that the tablets met industry standards, while noting that e-Learning Jamaica did not express any concerns when it delivered the first 1,000 tranche of the approximately 19,000 tablets under the agreement.

GeoTechVision then proceeded to file an action against e-Learning Jamaica in December, claiming that the termination of the contract was invalid and that the original agreement remains subsisting.

But again the court ruled against GeoTechVision while concluding that the contract was validly terminated by e-Learning Jamaica using the contractually agreed termination procedure.
Chief executive officer of e-Learning Jamaica, Keith Smith stated: “We are satisfied with the court’s ruling as it upholds the action we took, and we were confident in the legal process.

“e-Learning Jamaica trusts that this is the end of the matter with GeoTechVision and has already began the process to procure a new supplier to proceed with the Tablets in School project.”
GeoTechVision said it has always acted in good faith on the matter.

“In abiding by the judgment of the court, GeoTechVision took due note of the oral judgment citing e‐learning Jamaica’s failure to follow the mandatory provisions under the contract to engage in the dispute resolution mechanisms to settle any disagreement arising in the course of the contract.

“We pursued the route of arbitration cognizant that it would have been the best resolution for all parties, mindful that the tablets have been sitting in a warehouse when they could have been in the hands of the children.

“It was always our intention to arrive at an amicable settlement and for the continuation of the contract in the interest of the students of Jamaica who have greatly benefited from our services over the years, and who are now at a disadvantage.

“Notwithstanding, GeoTechVision, as a small home‐grown technology business remains committed to the vision of enhancing the education and learning process in Jamaica through technology. We remain committed to the children of Jamaica through our student digital citizen and digital literacy programmes,” said the company founded by Valrie Grant.