Pricing table of the oxygen generators is attached
It should be noted that the fees of Moshe and ours are commissions from which the bank fees should be deducted in general.
For Numitor the FOB company, the cost of FOB should be reduced assuming that FOB is requested
Also attached is the contract for the supply
We are waiting for Alan's invoice
Attached is a copy of the transfer that was made to us."
- To this email, Avi attached a supply contract from an Indian company as well as a transfer made to Iris Marketing in the amount of $1,320,000. Avi also attached a pricing table of oxygen generators as well as a table with details of the fees: in one column the amount of Yaakov and Avi's commissions of $166,500 was mentioned (while noting that the banks' fees should be reduced) and there are also two additional columns with a commission for Moshe and a commission for Alan.
- In his affidavit, Avi refers to these transactions, which took place during the period of his employment, and notes that these were engagements of Iris that had never had any contact with the plaintiff. Avi further notes that these were not orders or engagements of the plaintiff but of Iris, who according to him was known in the market as someone who could place orders for gloves and other protective equipment (paragraph 80 of Avi's affidavit). Avi further declares that "my involvement was with administrative assistance to Yaakov and Iris out of gratitude, and to the best of my knowledge, none of the deals actually materialized." (paragraph 81 of my father's affidavit).
- In his affidavit, Avi does not refer to the fact that he is a signatory to the partnership agreement and that a table was attached with commissions due to him as a result of the transaction with the Indian company. His affidavit is silent on all this matter.
- Yaakov also refers to these transactions, detailing as follows: "The agreement for the purchase of the oxygen generators from May 2021 and their sale to the Indian company (Appendices 32-33 to Tsafrir's affidavit) is not related to A.T. who had never dealt with such equipment. From reading the documents, it can be understood without any difficulty that the intention was to purchase oxygen concentrators from Israeli companies and sell them at a profit to an Indian company... More than necessary, I will make it clear that the deal caused me big losses since the Indians canceled the purchase and I still haven't been able to sell all the oxygen generators..." (paragraph 26.9 of Yaakov's affidavit).
- My father's testimony on the subject would have been evasive and twisted when he tried to minimize his involvement in the transaction, despite what is clear in Scripture, and claimed that he was only a guarantor of the agreement on Yaakov's behalf (p. 59 of the transcript of 12 May 2024, paras. 1-30). This argument is inconsistent with the significant scope of the transactions and with the provisions of the partnership agreement, as well as with the accompanying agreement with a table enumerating brokerage fees intended for Avi and Yaakov together.
Regarding the email issued by my father and the details of the fees, he claimed "error" and "unsuccessful wording", and testified as follows: