Flame Requirements (Counterclaim)
- In a counterclaim (hereinafter also: Flames Claim) It was claimed that according to the agreement, Danan should have entered the shoes of Flames quickly after the signing of the agreement and began to provide the customers with the full services in the best possible way. However, it was argued, Danan did not succeed in doing so in the manner that was agreed, was logistically delayed, and even then it had difficulty fulfilling its obligations and did not meet the required standard of quality and professionalism. Lehavot claims that Danan's conduct constituted a breach of agreement and caused damages.
The examination of Lehavot's demands will also be done on the basis and in accordance with the remedies to which it petitioned. With regard to each remedy, it is necessary to examine whether there is proof of a violation that is supposed to give rise to the right to it and the remedy itself, all - if necessary.
- Lahavot's claim was based on the sum of ILS 1,842,350, which is the result of the combination of three components (chapter 3, paragraphs 10.3-10.1 of her claim):
- Expenses of Lehavot regarding the maintenance of the bus service system - ILS 1,442,350.
- Loss of sales - ILS 150,000.
- Damage to reputation - ILS 250,000.
Lahavot repeats the same demands and the same sums in its summaries.
Maintenance of a bus service system
Overview
- The first and main component claimed by Lehavot deals with the bus sector.
According to Lehavot, in the bus sector, which is considered less profitable than the field of service in the hoods, Danan refused due to economic considerations to carry out urgent repair actions in accordance with the schedule required by customers, and used to wait for the accumulation of calls in a geographic area, sometimes for many days, in order to get a technician to perform the services. It is claimed that Such delays, which each time mean the shutdown of a customer's bus, led to complaints from customers and the fact that Lahavot had to employ technicians and customer service on its behalf to provide services that Danan delayed or refused to perform.