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Complaints and Adjustments




1.1. Read and translate the following dialogue on the topic Complaints and Adjustments. Be ready to discuss the topic. Dont forget to study useful vocabulary at first.

Complaint (syn. claim) ,
To complain about smth -
Short-delivery / short-shipment ,
Misdirection
Default of payment
Delivery of substandard (wrong) goods ( )
Infringement of terms and conditions of the contract
Inadequate packing
Shortage of smth -
To overlook smth ,
Oversight ,
To be damaged
To bring an action of damages against smb
Agreed and liquidated damages
Fault , , ,
To find fault with smb, smth
To suffer losses ,
To claim compensation
To make a claim
To withdraw a claim
To meet (to satisfy) a claim
To be caused by -
To foresee
Unforeseen complications
To reject / to decline (~ a claim)
To compensate smb for smth / to make compensation for smth
Full / partial compensation /
To meet the deadline
Top executives
To be on the agenda

Victor Klimenko and John Cartwright are discussing by phone some problems which have arisen in connection with the delivery of equipment.

Telephone Conversation

John Cartwright speaking.

Hello, John. This is Viictor Klimenko, from Kiev.

Hello, Victor. Any problems?

Yes. Did you receive our fax yesterday?

Yes, we did.

Id like to know your reaction to it.

Weve carefully studied your complaints. Youre perfectly correct as to the short-delivery. Items 2.5 and 2.6 lack in the consignment of equipment we sent you. It was overlooked by our controller. We apologize for the oversight. It wont happen again.

When will you send us these parts?

This week. By air. Well also send you some documents to facilitate customs clearance at your end.

Fine. But what about the packing? The cover of one of the containers was badly damaged. The equipment in this container was damaged a little too.

It wasnt our fault, Victor. The equipment was packed in a required way. You should take this up with the captain of the ship.

Weve already done it, John. He believed that your packing is to blame.

I must disagree totally with him. Perhaps you should have been firmer in dealing with him.

Lets come back to this matter in a couple of days, John. Ill try to discuss it with the ship-owners. But there is one more problem: the three-week delay in delivery of equipment. We suffered some losses through this delay. Id like to remind you that according to the sanctions clause of our contract we have the right to claim compensation.

Im afraid, you havent that right, Victor. This delay was caused by a strike in the Brighton port. We consider this strike to be a force majeure circumstance that had a direct effect on the execution of our liabilities. We did our best to meet the deadline.

I dont agree, John. English ports are often hit by strikes. You were able to foresee this complication. Moreover, to meet the deadline you could have delivered the equipment to other port.

We couldnt have done it owing to circumstances outside our control.

If we dont reach mutual understanding, our company will have to go through arbitration procedures.

There is no need to get aggressive, Victor. There will be a meeting of our top executives at 11 oclock where your claim will be on the agenda. Ill try to settle it and ring you back after the meeting.

All right. Im waiting for your call, John.

Bye, Victor.

 





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