Vis Moot Facts Timeline

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  • (spring) M/S Vis purchased

    p5 ¶6: "In spring 2010 [Elite] purchased a luxury yacht, the M/S Vis, for use as a seventh conference venue offering the same level of service as its land-based venues"

  • Contract signed

    p5 ¶7: "The contract with Control Systems was signed on 26 May 2010" p5 ¶9: "...the chip was not yet in production..."

  • (Mid August) Scheduled beginning of chip production

    p5 ¶9: "...the chip was not yet in production but was scheduled to begin in the middle of August 2010, i.e. in good time for the refurbishment"

  • Fire occurs at facility

    p6 ¶12: "The explanation given by Control Systems was that on 6 September 2010 there had been a fire at the facility where High Performance produced the D-28 chip"

  • Speciality Devices informed Control Systems of fire

    Claimant Exhibit No. 3

  • Control notified Elite of fire

    p6 ¶12: "On 13 September 2010 Control Systems telephoned Elite and then confirmed in writing that the processing units for the control systems would not be available to it until at least late November" see CE 2

  • Expected date of repair of factory damage

    p6 ¶12: "Production (which had started as scheduled in August) had ceased until the damage was repaired, which was expected to be about 24 October 2010"

  • (beginning of Nov) Updated delivery date of chips

    p6 ¶12: "Specialty Devices currently expected delivery of the D-28 chips to it beginning of November [sic]"

  • Actual delivery of chips

    p6 ¶16 "Once the D-28 chips became available to Specialty Devices on 2 November 2010..."

  • Scheduled date of M/S Vis Refurbishment completion

    p5 ¶7: "The refurbishment of the M/S Vis was scheduled to be completed on 12 November 2010"

  • Actual delivery of processing units

    p 6 ¶16: "...it completed the processing units and shipped them on 29 November 2010 to Control Systems"

  • (end of November) Expected delivery date of processing units

    p6 ¶12: "It in turn expected to deliver the processing units to Control Systems at the end of November 2010"

  • Actual delivery of control systems

    p6 ¶16: "The control system was delivered by Control Systems to the M/S Vis on 14 January 2011"

  • (mid Jan) Expected delivery of control systems

    p6 ¶12 "The control systems would be delivered to the M/S Vis in the middle of January, at which time installation could begin"

  • (mid Jan) Expected delivery date of control systems

    p6 ¶12: "As a result, delivery of the control systems could not be expected before the middle of January 2011, with installation, configuration and verification to take another ten weeks or so."

  • (12/2 - 18/2) Corporate Executives Conference

    p6 ¶11: "The even was scheduled 12 -18 February 2011"

  • Control Systems refuses to pay costs

    Claimant's Exhibit No 5

  • (February) Arrival of rival chips

    p10 ¶9: "It was expected that it would be another six months, i.e. circa February 2011, before any rival chip with comparable qualities would be available"

  • Completion of install of control systems

    p6 ¶16: "Installation, configuration and verification were completed on 11 March 2011"

  • Payment made

    p6-7 ¶16: "Payment of the full contract price of USD 699,950 was made by Elite to Control Systems via the Mediterraneo National Bank on 21 March 2011"

  • Elite requests contribution to costs

    Claimant's Exhibit No 4

  • Elite claims Control is legally responsible

    Claimant's Exhibit No. 6

  • Control rejects responsibility

    Claimant's Exhibit No. 8