The consumer bought more than 200 saplings from the seller. In the sales contract, the seller promised to replace all samplings that had not started to grow properly by 25 June.
Shortly after the seller had planted them in May, the saplings started to dry out and turn yellow. In September, the seller replaced 45 saplings, but even the new ones (as well as the ones planted in May) continued to turn yellow although the consumer had taken proper care of them. An expert hired by the consumer in December reasoned that the roots of the samplings were defective (damaged and dried) from the very beginning. The seller did not accept the expert opinion and offered to replace 10 saplings in April. This did not satisfy the consumer who finally terminated the contract in June.