On the contrary, in response to the plaintiff's representative's claim, the defendant replied in an email dated December 26, 2013:
"The event was in December, if you had approached me and told me that you needed the merchandise, I wouldn't have prevented you from selling because we couldn't sell even if we wanted to."
There is no hint in this email that the delay in marketing the box stemmed from the plaintiff's conduct, and the defendant's reply does not deny the plaintiff's representative's claim that the delay in the beginning of marketing the box stems from the defendant's conduct.
In his cross-examination, when asked about this, the defendant answers: "I did not attach, but there are such inquiries in emails. We have a lot of emails. I contacted Sharon many times and was postponed every time on this date the team couldn't and on that date it couldn't be held and each time it was postponed until in the end it got to the point where we had to do the launch in December when the box was ready much earlier. In the context of the affidavit, we did only the last thread of emails."
This is a version that was not raised in the defendant's main testimony affidavit and was not accompanied by the evidence in the defendant's possession, according to him, and without any explanation or justification.
- It can be seen in the email dated December 15, 2013 on behalf of the defendant (Appendix 2 to the defendant's affidavit) that in the same email the defendant sends the plaintiff the material required for the publication on the Internet (= the Internet), on social networks and on the stadium screens (hereinafter: the "Advertising").
The defendant refers to emails dated December 18, 2013, December 22, 2013 and December 25, 2013 as evidence of the plaintiff's failure to publish the box, including inquiries and complaints regarding the failure to carry out the publication.
To this, the plaintiff's representative replies in an email dated December 25, 2013, in paragraph 1 of the email: "In order to upload the products to the website, I need a relevant photo of that box for each of the boxes you sent me...As soon as I have them, I'll put the boxes up for sale on the website."