The plaintiff even canceled the marketing activities to which she undertook and the delay she caused, rendered the products irrelevant while refusing to replace them.
The defendant claimed that he had already invested in the project the best of his money that was paid to the suppliers, with the exception of the plaintiff who did not take any positive action to promote the project and even failed it.
- In an affidavit of main testimony on behalf of the plaintiff's manager at the time, Mr. Tal Mualem, the defendant's claim that the plaintiff refused to change the dimensions of the supplied products was refuted.
The witness did not deny that the plaintiff conducted a sale of some of the products she sold to the defendant on her website, but removed the products from the shelf following the defendant's request.
The witness further testified that the plaintiff acted at her discretion in order to market and promote the sale of the boxes and in accordance with the provisions of the agreement, including advertising on huge screens in the stadium, sending players to the launch event, approving the placement of the defendant's stands at the team's games, and soon.
The witness denied any claim on the part of the defendant regarding the delay of the project, since the products were already supplied in September 2013 and any delay stemmed solely from the defendant's omissions.
- In the defendant's affidavit, the defendant claimed that although the products were supplied at the beginning of the season (September 2013), since the plaintiff postponed the launch event to December, the sale of the box's products became irrelevant to the team's fans in the midst of the season.
The defendant noted that in December the advertisement of the box had not yet been posted on the plaintiff's website, and that it had even sold the same products on the site, after the launch event, at prices lower than the price it had sold to the defendant.
The defendant denied the plaintiff's claim that she allowed him to set up booths at the team's games, except for one game that at the end of the day did not even materialize.