Caselaw

Civil Case (Rishon LeZion) 54046-02-19 Kioskey Marketing (2004) Ltd. v. Lid Technologies Ltd. - part 3

June 4, 2025
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It seems that the parties agree that Appendix of the Understandings He, in the end, The binding agreement between the parties, and within the framework of it, the parties' undertakings with respect to the supply of a machine for the production of the kit that includes both the packaging of the rolling papers and the filter package were summarized (see: paragraph 11 of Hamami's first affidavit dated August 17, 2020; paragraph 27 of Kiselowitz's first affidavit dated October 27, 2020; paragraph 8 of Kiselowitz's second affidavit dated June 21, 2021).

The appendix to the MoUs noted, inter alia, the following details:

"The machine consists of two units: Unit 1 - a unit for the production of a paper book for cigarettes (booklets) and Unit 2 - a unit for gluing and folding a filter case + closure.

Notes for Unit 1: (Unit for the Production of Cigarette Paper Book (Booklets)

The system of Unit 1 includes 2 units of Assemblage A and Assemblage B in the agreement

Assemblage A is divided into 2 mechanisms,

...

Unit price 1 ...  1,281,000 NIS

Delivery time: 30.11.15

...

Speed: 120-140 per minute.

Unit 2 price: 1,041,000 NIS.  This sum includes an additional NIS 172,000 for increasing the speed to 120 to 140 at this stage in accordance with the agreement.

Delivery time: 31.01.15.  Due to the changes in the demand for the high pace

...

Payment Terms:

50% of Unit 1 - 640,500 NIS - paid.

50% of Unit 2 - 520,500 NIS - according to a signed agreement with the reservation.

40% of Unit 1 + 2 - 928,800 NIS - will be paid upon delivery - in phase 1 and 2 inspection at the factory next to technologies in accordance with the specifications.

10% of Unit 1 + 2 - 232,200 NIS - will be paid after installation and training at Kioskay.

Total: 2,322,000."

The appendix to the MoUs indicates that the parties agreed that the machine consisted, in fact, of five assemblies divided into two units: Unit 1 – whose function was to produce the packaging of the rolling papers – which included assemblies A+B; and Unit 2 - whose function is to manufacture the filter enclosure and close the entire enclosure - which includes the C+D+E assemblies.

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