Caselaw

Civil Case (Tel Aviv) 32654-12-19 A. Danan Fire Fighting Systems Ltd. v. Lahavot Manufacturing and Protection (1995) Ltd. - part 27

January 18, 2018
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It was further claimed that in other cases, the quality of Danan's handling of malfunctions was poor, and Lehavot was forced to send a team on its behalf for repeat service, events that caused friction with customers and unnecessary expenses, when instead of reaching a situation of outsourcing service as agreed, Lehavot found itself paying an external contractor (Danan) at the same time as performing the services itself.

  1. According to Lehavot, in practice, Danan restored the bus service sector to her, in a way that required it to retain suitable technicians, without being able to balance this by providing services in more profitable areas. The sum demanded by Lehavot in this regard was described as its total expenses in connection with the maintenance of a service system for the bus sector.
  2. The evidentiary basis that was presented shows that the case did indeed conduct itself in the matter of providing service to the buses according to economic considerations, which led, inter alia, to the fact that it did not respond to every service call, whether within the time required by the customer or at all, if it thought that it would not be economical for it.
  3. This matter appears in real-time correspondence (such as: M/144 email dated February 19, 2017; M/145 email dated April 25, 2017), described in the testimony of the director of the service system who was not cross-examined on the issue (pp. 176, 6-20; p.  177, 19-27; p.  186, 1-3), and was in fact confirmed by testimonies heard on behalf of Danan herself.

Navot, who is the director of the Danan Department of Flames, confirmed that there were cases, he said, in which Danan said: "We are not doing this work, it is too far away, it is not profitable" (p.  285, paras.  16-24).  The person in charge of the technicians in Danan also confirmed that there were such cases (p.  399, s.  29 - p.  400, s.  7).

Regarding the refusal to send a technician for bus service because it was not economically profitable for Danan, Dekel said in his interrogation that "this is not a statement that is strange to me" (p.  346, 20 - p.  347, 1), and also confirmed in fact that Danan refused from time to time to provide service for economic reasons (pp.  347, 20-25).

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