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"Further to email below it has also been agreed that if the tests passes to the acceptable limits of CAT 583, FERNAS shall pay the rent till date and if it fails MIDEAST shall pay 5 times the advance paid. Please confirm for us to proceed with the tests."

29. A reading of the above two emails would show that it was not the case of the respondent that the equipment supplied is not CAT 583. The only test the respondent wanted was whether the machine performed as per the brochure published for the said machinery. This again cannot be a condition put on the petitioner who is the supplier of the equipment and not the manufacturer thereof.