Complaints,claims and Arbitration.docVIP

Complaints, Claims Arbitration Tuning-in The following is a conversation between Mr. Addison, an Italian importer and Mr. Zhao, the representative from China National Foodstuffs Import Export Corporation. What are they talking about? Addison: Mr. Zhao, I have some unpleasant business to discuss with you and hope it will be settled soon. Zhao: What is about? Addison: It is about 600 cases of canned lichee. This shipment arrived at our port in June. Owing to the slack season at that time, we had to store the goods in the warehouse. It was not until September that a part of them were sold. But regretfully, some tins had deteriorated. Our customers were quite upset. Our health Authorities said they were no longer suitable for human consumption. You know 600 cases of canned lichee are by no means a small amount for us. I have to lodge a complaint with your corporation. Zhao: I’m awfully sorry to hear that. This is certainly as a surprise to us. I can assure you that our plant has always given extreme care to the selection of raw materials. We have very rigid processing control and maintain an adequate packing process. Each tin is examined before leaving the plant. Our employees will never let anything defective leave the premises. …… Teaching Points for Reference Background Knowledge Concerned In international trade, it is ideal that the seller delivers the goods confirming to the contract in respect of quality, specification, quantity and packing, and hands over the documents concerning the goods at the right time and place stipulated in the contract（按合同所规定的品质、规格、数量和包装交货）. And the buyer makes payment for the goods and takes delivery of them in the same manner specified in the contract. However there always exists a gap between ideal and reality. Complaints or claims, sometimes, still arise in spite of well planned and careful work in the performance of a contract. In practice, it is infrequent that the exporter or the importer neglects or fails to perform any of h