Block 1.    claims and replies to claims

CLAIMS AND COMPLAINTS

BLOCK 1.   CLAIMS AND REPLIES TO CLAIMS

 

LEAD-IN

¨ What can cause dissatisfaction with goods delivered under sales contracts?

¨ What kinds of claims are widely spread?

¨ Who usually initiates claims? Why?

¨ In what way can Buyers satisfy their claims for damages?

¨ What are the parties to claims and complaints?

¨ Who can act as an umpire in settling claims?

FOCUS 1

 

LETTER 1(Claim for inferiority to sample)

                        April 23, 20...

Export Division

Inter Coffee, Inc.

1677 Sea Harbor Drive

Orlando, Florida35509

USA

 

Gentlemen:

Contract No 345

                                               

We have examined the consignment of Coffee shipped by m/v Victoria against Contract no. 345 and in accordance with the terms and conditions of the contract we find that the Goods are inferior to the sample on the basis of which the contract was concluded.

 

After a thorough examination of the Coffee we have to make the following claim on you. We believe that 5,000 bags of Coffee shipped by m/v Victoria sold to us as Santos Coffee New York Type No.2 contain excessive quantity of unripe^[1], shelly^[2], broken, weevily^[3] and defective beans and correspond to Santos Coffee New York Type No. 3/4.

 

We are therefore claiming from you the amount of $ 7,200 being the price divergence between Santos New York Type 2 and Santos New York Type 3/4 of $36.20 per 50 kilos on 5,000 bags weighing 300 metric tonnes.

 

Please inform us if you agree to grant us this allowance.

 

Yours sincerely

Susan Kohen

Managing Director

 

LETTER 2 (Reply to Claim)

April 10, 20...

Ms Susan Kohen

Welsh Trading Company, Ltd

56 West Road

Cardiff

CF4 2FT

 

Dear Sirs

 Contract No 345

We acknowledge receipt of the letter of April 8, 20... claiming an allowance of 1.20 dollars per kilo on 5,000 bags of Coffee shipped by m/v Victoria.

 

We have carefully examined the samples from this consignment and offer you, without prejudice, an allowance of 75 US cents per 50 kilos in full settlement of your claim.

 

Failing your acceptance of this offer, the claim will be submitted to arbitration.

 

Yours sincerely

George Wollen

Sales Manager

 

LETTER 3 (Claim for missing goods)

              May 15, 20...

Kitchen-Ware Supplies, Ltd.

Cotton Road

Exeter

England EX4 9DT

Dear Sirs

Order No 153

We refer to our order (No 153) for China-Ware. Our agent took delivery of the consignment in accordance with the instructions contained in your advice of despatch.

Unfortunately, only 1800 cups were despatched. The 2000 saucers, packed separately according to our instructions, arrived in good order and condition. However, they are not much use to us without the missing 200 cups.

 

There is a clear discrepancy between the packing lists which arrived and your invoice. Whether there has been pilferage or not is a matter for the Lloyd’s agent, who is investigating the matter at the moment.

 

We must ask you to arrange for the despatch of replacements for the missing cups at once, as we must meet the delivery time agreed upon with our own customers.

 

Yours sincerely

Robert Leclerc

 

LETTER 4 (Reply to Claim)

                        May 16, 20...

Mr Lecrerc

Lournier, SA

Rue de Rivoli

Paris

 

Dear Sirs

Order No 153

We have received your letter of September 4, 20... concerning the above-mentioned order. We regret that you did not receive the whole consignment of China Ware.

 

Our Forwarding Agents have informed us that the crates (Nos. 15-17) were left behind at the warehouse of the Port of London. They are arranging for the despatch of the three crates short-shipped on board the m/v Catherine which is to arrive in Marseilles on May 18, 20....

 

We apologize for the inconvenience caused by this short-shipment which was due to circumstances beyond our control. We will contact our Forwarding Agents and the port authorities to prevent delays occurring in this way in future.

 

Yours sincerely

Michael Brown

Managing Director

 

FOCUS 3.  WRITTEN PATTERNS

1.	Failing your acceptance of this offer, the claim will be submitted to arbitration.	Если Вы не примете наше предложение, претензия будет передана в арбитраж.
2.	We must ask you to arrange for the despatch of replacements for the missing cups at once.	Мы вынуждены просить Вас организовать отправку замены недостающих чашек немедленно.

 

FOCUS 4. EXERCISES

FOCUS 5.WORKSHOP

FOCUS 6. ROLEPLAYS

 

Roleplay 1

 

Card 1. Вы получили товар в поврежденном состоянии и требуете от продавцов скидки в 7 % от стоимости товара в качестве компенсации ущерба; в противном случае Вы намерены передать дело в арбитраж.

 

Card 2. Скидка в 7 %, которую требуют покупатели за повреждение товара, кажется Вам слишком высокой. Вы считаете эту скидку завышенной и согласны на 5-процентную скидку, являющуюся вполне достаточной компенсацией.

 

Roleplay 2

 

Card 1. После осмотра полученного товара Вы пришли к выводу, что товар не соответствует спецификации, данной в контракте. В качестве компенсации Вы требуете уплатить сумму в 5000 долларов.

 

Card 2. Вы не считаете возможным выполнить требование покупателя об уплате компенсации, поскольку анализ, произведенный Вашей лабораторией, показал, что товар полностью соответствует спецификации, изложенной в контракте.

[1] unripe - незрелый

[2] shelly - в оболочке, неочищенный от оболочки

[3] weevily - изъеденный жучками

 

CLAIMS AND COMPLAINTS

BLOCK 1.   CLAIMS AND REPLIES TO CLAIMS

 

LEAD-IN

¨ What can cause dissatisfaction with goods delivered under sales contracts?

¨ What kinds of claims are widely spread?

¨ Who usually initiates claims? Why?

¨ In what way can Buyers satisfy their claims for damages?

¨ What are the parties to claims and complaints?

¨ Who can act as an umpire in settling claims?

FOCUS 1

 

LETTER 1(Claim for inferiority to sample)

                        April 23, 20...

Export Division

Inter Coffee, Inc.

1677 Sea Harbor Drive

Orlando, Florida35509

USA

 

Gentlemen:

Contract No 345

                                               

We have examined the consignment of Coffee shipped by m/v Victoria against Contract no. 345 and in accordance with the terms and conditions of the contract we find that the Goods are inferior to the sample on the basis of which the contract was concluded.

 

After a thorough examination of the Coffee we have to make the following claim on you. We believe that 5,000 bags of Coffee shipped by m/v Victoria sold to us as Santos Coffee New York Type No.2 contain excessive quantity of unripe^[1], shelly^[2], broken, weevily^[3] and defective beans and correspond to Santos Coffee New York Type No. 3/4.

 

We are therefore claiming from you the amount of $ 7,200 being the price divergence between Santos New York Type 2 and Santos New York Type 3/4 of $36.20 per 50 kilos on 5,000 bags weighing 300 metric tonnes.

 

Please inform us if you agree to grant us this allowance.

 

Yours sincerely

Susan Kohen

Managing Director

 

LETTER 2 (Reply to Claim)

April 10, 20...

Ms Susan Kohen

Welsh Trading Company, Ltd

56 West Road

Cardiff

CF4 2FT

 

Dear Sirs

 Contract No 345

We acknowledge receipt of the letter of April 8, 20... claiming an allowance of 1.20 dollars per kilo on 5,000 bags of Coffee shipped by m/v Victoria.

 

We have carefully examined the samples from this consignment and offer you, without prejudice, an allowance of 75 US cents per 50 kilos in full settlement of your claim.

 

Failing your acceptance of this offer, the claim will be submitted to arbitration.

 

Yours sincerely

George Wollen

Sales Manager

 

LETTER 3 (Claim for missing goods)

              May 15, 20...

Kitchen-Ware Supplies, Ltd.

Cotton Road

Exeter

England EX4 9DT

Dear Sirs

Order No 153

We refer to our order (No 153) for China-Ware. Our agent took delivery of the consignment in accordance with the instructions contained in your advice of despatch.

Unfortunately, only 1800 cups were despatched. The 2000 saucers, packed separately according to our instructions, arrived in good order and condition. However, they are not much use to us without the missing 200 cups.

 

There is a clear discrepancy between the packing lists which arrived and your invoice. Whether there has been pilferage or not is a matter for the Lloyd’s agent, who is investigating the matter at the moment.

 

We must ask you to arrange for the despatch of replacements for the missing cups at once, as we must meet the delivery time agreed upon with our own customers.

 

Yours sincerely

Robert Leclerc

 

LETTER 4 (Reply to Claim)

                        May 16, 20...

Mr Lecrerc

Lournier, SA

Rue de Rivoli

Paris

 

Dear Sirs

Order No 153

We have received your letter of September 4, 20... concerning the above-mentioned order. We regret that you did not receive the whole consignment of China Ware.

 

Our Forwarding Agents have informed us that the crates (Nos. 15-17) were left behind at the warehouse of the Port of London. They are arranging for the despatch of the three crates short-shipped on board the m/v Catherine which is to arrive in Marseilles on May 18, 20....

 

We apologize for the inconvenience caused by this short-shipment which was due to circumstances beyond our control. We will contact our Forwarding Agents and the port authorities to prevent delays occurring in this way in future.

 

Yours sincerely

Michael Brown

Managing Director