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SAINTs point of view

Claims: (SAINT to ANGEL)


1. Penalty for breach of confidentiality clause as per term F of the contract
-

It is clearly mentioned in the contract that any sort of confidentiality


breach; i.e. damage, loss or leakage of information will lead of
cancellation of contract and a $20 Million will be levied along with
recovery of all dues.
1 AIDS damaged and another missing
This is proprietary items of SAINT, with this negligence from ANGELs side
this is reasonable penalty

Proof Submitted: Contract Paper


Verdict: 8 out of 10 sent on time. Tus substantial performance by ANGEL. So
penalty $20 mn *2/10 = $4mn + $4mn (Fine due to negligence of ANGEL)
levied to ANGEL for 1 damaged and another missing AIDS)
2. Return of advance $30 Million paid to ANGEL
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As per the same clause all the amount dues will be recovered. ANGEL
failed to complete the contract thus the amount needs to be returned.
Verdict: Essence of contract Time, is maintained. Contract not
cancelled. Partial amount will be paid to ANGEL)

3. Interest of the above from 1.3.2013 to 31.7.2013 @ 12%


-

$30 Million has been locked up and paid to ANGEL expecting the contract
to be ended. But it didnt happen. In short-term market, there is at an
average 12% return on this amount. Thus ANGEL wants 12% interest on
this $30 Million.
Verdict: ANGEL need not pay the interest. The cheque reached ANGEL on
25.3.2013 and realized on 30.4.2013, RTGS was not used to transfer the
money violating contract.

4. Consequential damages due to loss of future business due to the


negligence of ANGEL
-

This issue has a direct consequence to the reputation of SAINT. Some


business which were lined up has been cancelled due to this undesirable
performance.

Proof Submitted: Business Contract with XYZ company, which has been
cancelled in August 13th
Verdict: Principle No. 3. Loss should not be anything remote. Thus no
action needed by ANGEL
Claims (ANGEL to SAINT)
1. ANGELs representative visit to Kabul to integrate AIDS into VIRUS

All the AIDS need to be integrated on premise of ANGEL.


This contract is a DDP fixed price contract. This cost is the liability of
ANGEL
Verdict: ANGEL should only bear the cost, DDP contract.
2. Loss on 5 VIRUS sold in distress to ESA
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DDP Contract
Without SAINTs knowledge ANGEL have sold the 5 VIRUS to ESA. ANGEL
need to be ready with all 10 VIRUS by 31-MAY-13 and deliver those to
LORDS at 31-JUL-13
ANGEL has realized the money for 5 VIRUS way too early by selling it to
ESA. They are enjoying interest on that money.
Silent doesnt mean agreement

Proof Submitted: Email of 19-5-2014 from ANGEL to SAINT


Verdict: ANGEL did not take permission from SAINT to do the distress sale. It
was even before 31.5.2013 when ANGEL was supposed to be ready with 10
VIRUS. So no compensation for distress sale to ANGEL.
3. Interest on $20 Million customs duty on AIDS from 15.3.2013 to 15.7.2013
(12% PA)
- $20 million is way over-estimate. SAINT has the cost structure of all raw
materials of AIDS to prove the customs the price of the device. But ANGEL
has taken it on themselves without consulting them.
Proof: Cost-structure of all raw materials of AIDS to calculate the price.
Verdict: Customs evaluate the asset price. ANGEL is showing government
receipt. This is negligence of SAINT. SAINT needs to pay the amount to
ANGEL.
4. Increase in price of GERMS $20000 X 10
-

On 15.6.2013 all VIRUS were made and sent to Kabul. The increase in
price was effective from 1-7-2013. Thus the Germs price never affected
the production.

Proof Submitted: The email from ANGEL on 15.6.2013 with the information of
dispatch of VIRUS
Verdict: SAINT does not need to pay anything. The delivery has been made
before the price rise.

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