EDIG owes digEcor a refund on the 1250 batteries purchase price but the delayed delivery of the digEplayer 5500's is a wash.

digEcor insists that it should be awarded a judgment that e.Digital breached the PO
because e.Digital did not deliver the digEplayer 5500s until many months after called for by the PO. e.Digital contends that it is excused for any late delivery by Maycom’s failure. Put simply, neither party is entitled to its requested judgment. Because there was no established time window for delivery, and because the facts surrounding the delay are in dispute, digEcor is not entitled to a ruling that e.Digital breached as a matter of law.

In sum, digEcor is granted a judgment that e.Digital breached a contract to provide 1250 Li-on batteries and that it is entitled to a refund of the batteries’ purchase price. Consequential damages as a result of this breach are a factual question. In contrast, disputed questions of fact mean that both parties are denied judgment on their claims regarding the breach of the PO for e.Digital’s delayed delivery of the digEplayer 5500s.