Claims 4
Inferior quality
FOCUS 1. Read and discuss the letters.
1.1 Complaint of bad workmanship
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MARUCHAN DESIGNERS Ltd. 28-30, Totford Avenue, Warmley, Bristol BS1 52X
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Our ref. Your ref.
January 5, 20__ IRASOFT Russia, Moscow, Zeleny pr., 3/10-24
Dear Sir,
CAD/CAM DRAWING FIXTURES DFG-90 Order No. 67-987
We regret to inform you that our Customers have experienced serious trouble with the above fixtures.
After a short period of operation two fixtures were broken and the third got crushed. We enclose a Protocol signed by your representative in Moscow concerning these defects. As the whole machine via fixture failure was brought to a standstill our Customers were compelled to claim damages.
We enclose the statement showing the expenses incurred by our Customers, including the cost of dismantling the fixtures, assembling and fitting the new fixtures. The expenses of our Customers amount to $40,987.00 and we shall be glad to receive your remittance of this amount in due course.
Cont. |
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MARUCHAN DESIGNERS Ltd |
Continuation Sheet No. 2 | ||
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As this is not the first claim against IRASOFT made by our Customers we must state that IRASOFT’s waiving the claim will be regarded as shrinking their obligation and will be considered a gross violation of the contractual obligations. Maruchan Designers Ltd. will be forced to go in for arbitration as per the terms of the contract unless the question is resolved amicably by mutual understanding.
Assuring you of our highest considerations of all times.
Yours faithfully, Hafiz Parcham Hafiz Parcham Purchasing Department
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1.2 Claim admitted. Manufacturers negotiate amount of claim
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IRASOFT Russia, Moscow, Zeleny pr., 3/10-24 | ||
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Our ref. Your ref.
10th January, 20__ Maruchan Designers Ltd. 28-30 Totford Avenue Warmley Bristol BS1 52X
Dear Mr Parcham
CAD/CAM DRAWING FIXTURES DFG-90 Order No. 67-987
In reply to your letter of 5th January, 20__ we regret to see that there has been some trouble with the fixtures mentioned.
As we in no way want to jeopardize current and future business relations between our companies we appreciate your efforts to meet the requirements of your Customers and we are ready to recompense you for the losses, but we must say that the amount of losses stated by you seems to be somewhat exaggerated.
Judging by the Protocol the fixtures do not have any grave defects in design and workmanship. During a closer inspection we noticed that the plastic of the fixtures has been cut into and it seems to have been the result of improper handling or negligence to our maintenance and service manuals. We offer for our workmanship a one-year guarantee against normal wear and tear, but the treatment the fixtures have been subjected to does not come under this category.
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In the opinion of our expert $15,000.00 (as per enclosed calculation) would be a fair compensation, which we agree to pay you, without prejudice, in full and final settlement of your claim. We trust you will agree that this concession on our part is a satisfactory solution to the difficulty.
In the circumstances, would you be good enough to review the costs again and advise us accordingly of the amount to be credited to your account.
Yours sincerely A.Konkin A.Konkin Sales Manager
Encl.
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