INFORMATION TO MELCHERS . IN THOSE CIRCUMSTANCES , THE EXPLANATION GIVEN BY MR SCHREIBER IN HIS STATEMENT OF 5 SEPTEMBER 1980 TO THE EFFECT THAT IT WAS MR IFFLI WHO INFORMED HIM OF THE GRANT OF THE LICENCES IS UNCONVINCING .
53 IN THAT CONNECTION , REGARD MUST ALSO BE HAD TO THE SPECIFIC INFORMATION ON EARLIER EXPORTS TO FRANCE WHICH MR SCHREIBER NOTED ON THE TELEX MESSAGE FROM MR WEBER OF 6 FEBRUARY 1976 AND WHICH HE COMMUNICATED TO MR WEBER BY TELEX ON 18 FEBRUARY . THE ACCURACY OF THAT INFORMATION HAS NOT BEEN DISPUTED AND IT COULD ONLY HAVE COME FROM MELCHERS ' EMPLOYEES .
54 IT IS THEREFORE EVIDENT THAT THE SUBJECT OF EXPORTS TO FRANCE WAS BROACHED DURING THE DISCUSSIONS BETWEEN MR SCHREIBER AND THE EMPLOYEES OF MELCHERS AND THE INFORMATION SUPPLIED BY THOSE EMPLOYEES IS OF SUCH A NATURE AS TO INDICATE THE EXISTENCE OF A REFUSAL TO SELL GOODS DESTINED FOR THAT COUNTRY .
55 AS REGARDS THE APPLICANT ' S ARGUMENT , THE DESCRIPTION OF THE DISCUSSIONS BETWEEN MR SCHREIBER AND THE LOCAL REPRESENTATIVE AS MERELY BEING AN INITIAL CONTACT DOES NOT ACCORD WITH THE NOTES TAKEN BY MR SCHREIBER DURING THOSE TWO DISCUSSIONS . THOSE HANDWRITTEN NOTES , THE CONTENTS OF WHICH WERE EXPLAINED BY MR SCHREIBER BEFORE THE COURT , DESCRIBE IN DETAIL THE CONDITIONS OF SALE AND DELIVERY , INCLUDING THE VARIOUS REBATES AND BONUSES OFFERED TO RETAILERS OF DIFFERENT SIZES AND EVEN TO THE SINGLE WHOLESALER PREVIOUSLY SUPPLIED BY MELCHERS . IT IS POSSIBLE THAT GRUONER , AS A LARGE WHOLESALER , MIGHT HAVE HOPED TO OBTAIN MORE BY PROLONGED NEGOTIATIONS BUT IT IS IMPOSSIBLE TO UNDERSTAND WHY MELCHERS WAS NOT PREPARED TO SUPPLY THE GOODS ORDERED ON TERMS WHICH ACCORDING TO IT WERE THE NORMAL TERMS AT THAT TIME . SAVE FOR THE PERIOD OF PAYMENT , IT IS MOREOVER DIFFICULT TO DETECT ANY DIFFERENCE BETWEEN THE TERMS STATED IN THE HANDWRITTEN NOTES REGARDING THE LAST DISCUSSION WITH THE LOCAL REPRESENTATIVE AND THOSE STATED IN THE MEMORANDUM OF 19 FEBRUARY 1976 REGARDING THE MEETING IN ROMMELSHAUSEN .
56 ON THE OTHER HAND , THE DELIVERY DIFFICULTIES PLEADED BY MELCHERS ARE CONFIRMED BY THE NOTES WHICH MELCHERS ' WAREHOUSEMAN WROTE ON THE ORDER TRANSMITTED BY TELEX ON 20 JANUARY 1976 . THOSE NOTES SHOW THAT CERTAIN MODELS ORDERED WERE NOT IN STOCK , THAT THE STOCKS OF OTHER MODELS WERE NOT SUFFICIENT AND THAT , IN ANY EVENT , IT WAS A VERY LARGE ORDER IN RELATION TO STOCK LEVELS AT THAT TIME , JUST AFTER THE CHRISTMAS SALES . HOWEVER , SINCE IT IS NOT DISPUTED THAT MELCHERS COULD HAVE DELIVERED A LARGE PART OF THE GOODS ORDERED AT ONCE WITHOUT REALLY JEOPARDIZING ITS STOCKS AND SINCE MELCHERS HAD SENT A TELEX MESSAGE TO GRUONER WHICH GRUONER COULD JUSTIFIABLY REGARD AS CONSTITUTING AN UNQUALIFIED ACCEPTANCE , THE COURT CANNOT UNDERSTAND WHY MELCHERS MADE NO OFFER TO MAKE PARTIAL DELIVERIES AND DID NOT CONTACT PIONEER CONCERNING THE POSSIBILITY