The buyer follows up his orders to make sure that the goods are delivered on time. If there is any delay in delivery, the buyer sends the seller a reminder or warns him that he will rescind the contract unless the goods are delivered within a certain period of time or by a certain date. (In many cases, the buyer sends a reminder or even several reminders before fixing a final deadline for delivery.)
Reminders and the allowance of additional time can, of course, be dispensed with if the buyer reserved the right to cancel his order in the case of any delay in delivery, or if it is quite obvious that the seller is not able or not willing to perform his contract.
Delays in delivery or non-delivery may result in losses for the buyer and lead to action for damages. Sometimes buyer and seller themselves, when entering into a contract, fix the amount of damages payable in the event of a breach of contract (liquidated damages).
If the proper performance of the contract is rendered impossible by acts of God (flood, lightning, earthquake, etc.) or other circumstances beyond the seller's control, the seller is not liable for any losses sustained by the buyer. (Many suppliers insert in their offers or sales notes a clause to the effect that they do not accept any liability in such cases.)
In his reply to a letter from a customer complaining of a delay in delivery, the supplier apologizes and explains the situation. However, if difficulties arise with regard to delivery, the supplier should not wait until he receives a reminder from the customer, but he should inform the customer of these difficulties as soon as they appear.
In any case the supplier should, if possible, tell the customer when he can expect delivery of the goods. He may send part of the goods and promise to deliver the balance later. In order to induce the customer to accept the goods when they are delivered at a later date, he may offer a price reduction or a similar concession. If the seller finds that he is unable to deliver the goods, he should ask the buyer to release him from the contract. It is better to seek a release than to commit a breach of contract and face the possibility of legal action.
Missing Consignments
Sometimes a customer complains of a delay in delivery, although the goods have been dispatched by the supplier and should already have arrived at their destination. In such cases, investigations have to be made. These investigations may reveal that the consignment has been delayed, misdirected or lost in transit. Occasionally it is also discovered that the consignment was overlooked by the customer, or that some other error has occurred.
Terms and phrases
| a. Advising Dispatch | |
| This is to inform you that we have today sent you the following goods:... | , : |
| We are pleased to advise that the goods you ordered have been dispatched by rail this morning. | , , , . |
| The consignment has been shipped by M.S. Martha leaving London on | , (). |
| S.S. Eastern Trader is scheduled (due) to arrive in Singapore on | (). |
| We hope the consignment will arrive safely (reach you in good condition). | , ( ). |
| b. Packing | |
| wooden case, wooden box | , |
| crate | |
| carton, cardboard box | , |
| plywood box | |
| chest | |
| sack, bag | , |
| bale | |
| drum | ( , ) |
| cask, barrel | , |
| carboy, demijohn | |
| case lined with oilpaper | , |
| tin-lined case | , |
| case with metal strapping/steel strapping; metal-strapped/steel-strapped case; case bound with metal bands/steel straps | , |
| wrapping paper, craft paper | , - |
| corrugated cardboard | |
| wood wool; US: excelsior | , |
| c. Sending Invoice - Requesting Payment | . |
| We enclose invoice in duplicate (triplicate, quadruplicate, quintuplicate). | (, , ) . |
| A copy of the invoice is enclosed; the original together with the other documents will be surrendered (released) to you by the Mercantile Bank on payment of our draft for | -. |
| Please remit the invoice amount by bank draft, as arranged. | , , . |
| Please remit by bank transfer to our account with either of the following banks: | , : |
| We enclose a three months sight draft, which please return to us after accepting. | , . |
| d. Notations and Declarations on Invoices | - |
| Please advise us if the goods are not delivered within 14 days from date of dispatch, as otherwise the carrier may refuse payment for loss. | , , 14 , . |
| All unearned discounts will be charged back. | . |
| Cartons are non-returnable. | . |
| Packing containers, if returned in good condition and carriage paid, will be credited in full. | , , . |
| Complaints will be considered only if made within 7 days from receipt of goods. | 7 . |
| We hereby certify that this invoice is in all respects true and correct. | , . |
| This is to certify that these goods are of the United Kingdom origin. | , . |
| e. Reminders and Complaints Concerning Delays in Delivery | , |
| We expressly stated in our order that the goods must reach us not later than... | , () |
| Your delay in delivery places us in a difficult position. | . |
| Would you be good enough to look into the matter and advise us when the goods can be shipped. | , . |
| We must have your definite promise that the goods will be dispatched by the end of next week. | , . |
| We must insist on your informing us by telegram of the earliest possible date of delivery. | , . |
| We must ask you to give top priority to all our outstanding orders. | . |
| to hasten delivery, as our import license will expire on | , () |
| Should you fail to deliver the goods by, we shall be compelled to cancel the order. | ... (), . |
| to obtain the goods from another supplier. | . |
| to hold you liable for any losses incurred. | . |
| f. Sellers Reply | |
| We apologize for the delay and shall do our utmost to expedite delivery. | , . |
| We greatly regret the delay, which is due to circumstances beyond our control. | , . |
| On receipt of your letter we immediately got in touch with shipping company, and they informed us that M.V. Martha was held up due to engine trouble. | , , - . |
| The delay is due to the exceptional demand during the past few months. | . |
| The acute shortage of qualified labour makes it increasingly difficult for us to keep pace with rush of orders. | - . |
| Our forwarding agent has been unable to book the necessary shipping space at an earlier date. | . |
| We would ask you to accept our apologies for the inconvenience caused and hope that you will give us an opportunity to regain your confidence. | , . |
| to renew our cordial relations. | . |
| g. Seller Informs Buyer of Delay | |
| We regret having to advise you of a delay in the execution of your order. | . |
| We are sorry that a slight delay will be unavoidable (inevitable). | , . |
| Due to an unauthorized strike in our factory, it will be impossible to deliver the goods within the time agreed upon. | - . |
| Owing to a delay in the delivery of raw materials, we shall probably be unable to complete your order before the end of May. | , , . |
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Specimen letters
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