Following the acquisition of manufacturing capacity within its group, a client ceased purchasing hearing-aid batteries from its exclusive supplier and instead sourced the products from group companies. This conduct was held to constitute a breach of contract, and the supplier was awarded liquidated damages that were contractually agreed.

In a dispute over a pharmaceutical distribution contract in Central Africa, the Federal Supreme Court held that a temporary interruption of deliveries falls under the rules of debtor default, while a definitive cessation of deliveries constitutes a breach not covered by a standard liability exclusion clause.

“Sole Distributorship and Agency Agreement” qualified as an exclusive distribution agreement and not as an agency agreement resulting in no sales commissions for the distributor

Valid contractual waiver of set-off and no goodwill indemnity because the distribution contract was not exclusive.