In his cross-examination, the defendant raised a third version and claimed that his intention was that the system would be ready to be loaded on the container abroad in March, and not that by that time it would already be in Israel and would be installed. (p. 19, 29 - p. 20, 17).
- On June 7, 2022, the defendant announced that the pergola was supposed to arrive between June 15 and 23, but even that date passed without supply, and the futile correspondence between the parties continued to rise to higher 'tones'.
- On July 25, 2022, the defendant wrote to the plaintiffs that he would come to them that week and give them a check, following a series of conversations between the parties that took place the day before, in which the plaintiffs demanded their money (pp. 10, 23-29).
- After the promise of defendant 2 was like a crow - the plaintiffs turned to legal treatment and in response to a letter from the plaintiffs' attorney demanding the cancellation of the agreement and the refund of the advance, defendant 2 changed his approach and demanded that the plaintiffs pay the balance of the payment in order to act to transfer the pergola to Israel. His new argument was now that after the order had been issued, it could not be canceled.
- In the full correspondence between the parties, it is clear that the plaintiffs have been 'chasing' the defendant for many months, and the defendant constantly rejects them and from time to time sends a promise or explanation.
Thus, for example, in April 2022, the defendant claimed that he was at a loss on the order, that it would have been better for him to wait for the insurance money, and that there was still difficulty due to a series of circumstances, including the war with Russia, a shortage of containers, pressure at the port of Haifa due to which ships were waiting outside, and more.
In his cross-examination, the defendant expanded his version and sought to give a detailed explanation regarding the shortage of containers, the fact that the containers were too small for the size of the plaintiffs' system, and much more.