План заняття

І Організаційний момент. Привітання

II. Перевірка домашнього завдання.

ІІІ. Основна частина.

Complaints and adjustments

If the seller causes a breach of contract, or if there is else something wrong with the execution of the order, the buyer can make a complaint. Here are some of the things a buyer can complain about:

• The goods are of inferior quality.

• The goods are damaged. -

• The goods were lost in transit.

• The price is incorrect.

• There was a delay in delivery.

• The goods were shortshipped (the weight was too low or the quantity too small).

• The wrong goods were delivered.

• The goods do not match the sample.

If the complaint is justified, the seller has to make an adjustment, i.e. he has to offer the buyer some form of compensation. There are four possibilities:

1. The seller invites the buyer to RETURN the goods at the seller's expense.

2. The seller REPLACES the faulty goods at his own

expense.

3. In some cases, the goods can be REPAIRED by the seller or at the seller's expense.

4. The buyer keeps the goods, but the seller offers him a price REDUCTION.

If the seller is late in delivering the goods, the buyer can send one or more reminders and tell the seller that he will withdraw from the contract if the goods are not delivered by a certain date, the final deadline. It can be that the buyer reserved the right to cancel the order if delivery was late. In this case, he can cancel his order without sending any reminders.

It can happen that the buyer suffers a loss if the goods are delivered late — he may lose business, for example. In this case, he can claim damages from the seller; that means, he can start legal proceedings for compensation. However, if the delay is caused by factors beyond the seller's control, for example floods, earthquakes, war etc., the seller is not liable for any of the buyer's losses.

Exercise 1. What kind of adjustment would you expect in each case?

1. You ordered two chests of best quality Ceylon tea. However, when it arrives, you find that the quality is inferior to that of the sample.

2. You ordered 50 ladies' dresses in size 40. However, the dresses delivered are size 42. Nevertheless, the quality is good and you think these dresses will sell just as well.

3. You ordered 20 porcelain dinner services. However, when they arrive you find that due to careless packing, quite a lot of the pieces are broken.

4. You ordered 40 pairs of handmade leather shoes. When they arrive, you see that the stitching on one of the shoes is broken.

5. You ordered б washing machines, to be delivered within 14 days. However, б weeks later they still haven't arrived.

Reminders

If the buyer fails to fulfil his obligation of paying on time, it is customary to send three reminders:

Payment becomes overdue

Seller sends first reminder. This may be a hidden or covert reminder; that means it may be included in an offer or sales letter to the buyer

Buyer requests deferment of payment or makes a part-payment If the buyer doesn't answer, the seller sends a third reminder with a final deadline for payment and states his intention to take legal action if payment isn't made by this date

If there is still no reply, the seller takes legal action against the buyer

Домашнє завдання.

Questions for revision

1. What is the difference between a general and a specific enquiry? Describe using examples.

2. What is the difference between a solicited and an unsolicited offer? Describe using examples.

3. What is an offer without engagement and when is it used? In the case of an offer without engagement, how is the sales contract concluded?

4. What is a firm offer and when is it used? In the case of a firm offer, how is the sales contract concluded?

5. What is the difference between a trial order and an initial order?

6. What is the difference between a repeat order and a follow-up order?

7. What is the difference between a standing order and merchandise on call?

8. What do you understand by breach of contract? Give some examples.

9. Describe the reasons a buyer may have to make a complaint. What kind of compensation would you, as the buyer, offer in each case?

10. What can you, as the seller, do if the buyer fails to fulfil his liability of paying on time?

Заняття № 28