The defendant further noted that the option of returning unsold products is accepted in this industry, but the plaintiff refuses to receive them back into her hands.
- The Dispute:
The questions that arose for discussion are what are the plaintiff's obligations under the agreement, whether she breached these obligations and if so, whether these breaches grant the defendant an exemption from payment for the purchase of the goods for which she is sued in this suit.
- Discussion and Decision:
The agreement entered into between the parties is not an agreement for the sale of products and nothing more than what the plaintiff is trying to present.
The defendant's version that this was a cooperation agreement was indeed supported by the wording of the agreement. The plaintiff is a football club, i.e., incorporates the fans of the Maccabi Civil Case football team (hereinafter: the "Group").
The agreement discusses the use made by the defendant of the name and branding of the team for the purpose of marketing and selling a "Maccabi" box for the Maccabi Tel Aviv fans, and for this purpose only (see the third part of the agreement).
Whereas, the fourth is stated by the plaintiff's desire to enter into a business agreement with the defendant for the purpose of issuing a "Maccabi" box as part of a business-commercial cooperation.
The purpose of the engagement, which is detailed in clause 5 of the agreement, explicitly states that the issuance of the box will be carried out "within the framework of business-commercial cooperation".
The plaintiff's obligations are not limited to the supply of the products that will be included in the contents of the box as detailed in clause 5 of the clause, but rather cooperation in the marketing of the box.
The plaintiff has an interest in successfully marketing the box since she is entitled to 10% of the sales proceeds.
The plaintiff's obligations were recorded in clause 10 of the agreement, in which the plaintiff undertook to supply all types of fan store products at a cost price in order to put them in the box.