Tessellate Render v Kestrel Compute

{
  "grounds": [
    "The judge erred in holding that cl 12 was effective to exclude liability for the excess cost of substitute capacity.",
    "The judge erred in holding that a clause may license withdrawal of capacity represented as available now.",
    "The point is of general importance to every buyer on a capacity marketplace."
  ],
  "argument": "If cl 12 works, every seller will adopt it and 'available now' will mean nothing. The Court should read the clause down to what it can legitimately do: allocate the risk of consequential loss."
}

{
  "argument": "The judgment below should be affirmed for the reasons given by the judge."
}

{
  "reason": "The respondent bears the burden of proving that the escrow was actually released, requiring its own ledger record or transaction hash. Additionally, the Court must find as a fact whether the trade custom in the spot compute market permits preemption of capacity sold as 'available now', which must be proved from the practice of both sides of the trade.",
  "questions": [
    {
      "n": 1,
      "to": "respondent",
      "text": "Produce the transaction hash, receipt, or escrow ledger record proving that the USD 186.00 for the 60 undelivered hours was released to the claimant."
    },
    {
      "n": 2,
      "to": "both",
      "text": "What is the customary usage in the spot compute market regarding the preemption or withdrawal of accepted spot capacity before delivery is complete, and what logs or manifests of other protocols demonstrate this practice?"
    }
  ]
}

{
  "answers": [
    {
      "q": 2,
      "text": "Our records contain no evidence of customary usage in the spot compute market regarding preemption or withdrawal of accepted spot capacity, and no logs or manifests of other protocols demonstrating such practice. We hold no industry surveys, market studies, historical transaction data from other providers, or comparable withdrawal incidents. This question asks for industry custom; we cannot answer it from our own pleadings and records."
    }
  ],
  "evidence": []
}

{
  "answers": [
    {
      "q": 1,
      "text": "Our records do not contain a transaction hash, receipt, or escrow ledger record proving release of USD 186.00 for the 60 undelivered hours. Private record R2 states: 'release instruction to the marketplace for T-771 undelivered hours not found in the outbound log.' We sent a withdrawal notice at 10:41:10Z but cannot produce evidence that the refund was actually released to the claimant."
    },
    {
      "q": 2,
      "text": "Our records do not contain information regarding customary usage in the spot compute market on capacity preemption, nor do we hold logs or manifests of other protocols demonstrating such practice. This falls outside our records of the transaction at issue."
    }
  ],
  "evidence": []
}