Claims 2 delay in delivery. Short- or non-delivery
FOCUS 1. Read and discuss the letters.
1.1 DELAY IN DELIVERY
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BEERGHAM PLC. Hughs Estate, Strikeborough, Hampshire HM33 8DF Tel. Telex. Fax.
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Our ref. Your ref.
October 15, 20__ ZAO Rusexport, 17a Novoslobodskaja, Moscow, Russia
LETTER OF COMPLAINT
Dear Mr Serov,
Contract No. 90-045/8900
I am writing with reference to the above contract and shall be glad to know when we may expect delivery of the goods as they are most urgently needed.
When placing this order with you we particularly stipulated that the delivery must be effected within twelve weeks and the contract was concluded with you on the strength of your undertaking to effect delivery in due time. The delivery of the goods was to have taken place last month and we have been caused serious inconvenience through the delay. Therefore, As the delay in delivery has lasted over and above four weeks we expect you to pay us agreed and liquidated damages in accordance with clause 6 of the contract.
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BEERGHAM PLC |
Continuation Sheet No. 2 | ||
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If you cannot deliver the goods within next three weeks, we shall be compelled to cancel the contract. We refuse to accept the goods on the ground of late delivery. We intend to obtain the goods elsewhere. Moreover, as it is not the first time we have had to complain of delay in delivery of the goods against our orders (Our Ref. Nos. 093/230, 093-673, 093/677, 093/766), we will consider referring this matter for settlement to arbitration unless you can fulfil our orders efficiently.
We suggest that you should look into the matter immediately.
Looking forward to your early reply.
Yours sincerely, M.C.Hammer M.C.Hammer Director
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1.2 Manufacturer’s reply to complaint of non-delivery
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ZAO Rusexport Novoslobodskaja 17a Moscow Russia Tel. Telex. Fax.
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Our ref. Your ref.
20 October 20__ Beergham PLC, Hughs Estate, Strikeborough, Hampshire HM33 8DF
Dear Mr Hammer,
In reply to your Letter of Complaint dt 15 October 20__ under Contract No. 90-045/8900 we ask you to accept our apologies for the delay and inconvenience you have been caused.
Unfortunately, the production at our factory was held up for six weeks by the breakdown of the machinery. We may only assure you that we have done our utmost to speed up the delivery. But as the delay in delivery was entirely due to reasons beyond our control, we cannot be held responsible for it.
Notwithstanding the great pressure of orders we are having at the moment, we will give your order our most careful attention. We hope that as the delay in delivery occurred through no fault of ours the matter will be settled in an amicable way.
Yours sincerely, Serge Serov S.Serov CEO
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