case study 案例
CASE STUDY
案例
Introduction
The following case covers all the telexes 2 exchanged between a firm in Holland (the buyer) and an import and export company of our country (the seller) for a transaction on 200 M/T of some primary product. In this transaction, the buyer raised a dispute against the seller on breach 3 of firm offer. And the dispute was solved by costing extra RMB ￥230,000.00 from the seller.
From studying the case the students will get a general idea of all the steps involved in one deal and through discussing the case they will get to know the ways of solving some complicated matters in foreign business.
Dispute on Breach of Firm Offer 因违约引起的纠纷案
(1) 27/6/19 -- OUT:
REFER TO YOUR TLX 26. NOW WE ARE OFFERING U SUBJECT TO YOUR IMMEDIATE 4 REPLY COMMODITY C514 200 M/TONS AT RMB ￥1,950 PER TON CIF ROTTERDAM. PAYMENT BY IRREVOCABLE SIGHT LC. PROMPT SHIPMENT.
(2) 2/7/19 -- IN:
TKS FOR YR TLX26 OF COMMODITY C514 200M/TONS. OUR FINAL BUYERS BEGINNING TO SHOW POSITIVE INTEREST. WE ARE AFRAID THAT THE NEGOTIATION 5 WILL BE RATHER LONG. THEREFORE WE REQUEST OPTION FOR 10 DAYS OF 200 M/TONS. IF POSSIBLE INCREASE THE QUANTITY AT REDUCED PRICE. PLS REPLY, REGARDS.
(3) 3/7/19 -- OUT:
YR TLX 2 RECEIVED. WE HAVE INCREASED THE QUANTITY OF COMMODITY C514 TO 300 M/TONS. WE WL KEEP THE OFFER OPEN TILL 15/7. PLS NEGOTIATE AND REPLY SOONEST.
(4) 7/7/19 -- IN:
RE: COMMODITY C514
YR TLX 3. THANKS FOR YOUR COORPERATION.
PLS AIRMAIL 2 KILOS OF SAMPLE IMMEDIATELY.
PLS CONSIDER FURTHER PRICE REDUCTION N QUANTITY INCREASE.
REGARDS.
(5) 10/7, OUT:
RE: COMMODITY C514
WE AIRMAILED 2 KILOS OF SAMPLE TO U YESTERDAY. FOR QUANTITY 300 M/TONS AVAILABLE. BEST PRICE IS RMB ￥1,900. REPLY ASAP. REGARDS.
(6) 14/7, IN:
YR TLX 10. SAMPLE OF COMMODITY C514 STILL UNRECEIVED. SO WE REQUEST U TO PROLONG THE OPTION OF 300 M/TONS RMB ￥1,900. ESTIMATELY WE NEED ABOUT ONE WEEK TO MAKE FINAL DECISION AFTER THE ARRIVAL OF SAMPLE.
(7) 17/7, OUT:
YR TLX 14 COMMODITY C514 300M/TONS AGREE PROLONG TILL 25/7.
(8) 22/7, IN:
YR TLX 17/7. COMMODITY C514 WE ACCEPT 300 M/TONS AT RMB ￥1,900 ON CIF ROTTERDAM BASIS. PAYMENT BY IRREVOCABLE SIGHT L/C. PROMPT SHIPMENT. NET SHIPPED WEIGHTS. BESIDES USUAL SHIPPING 6 DOCUMENTS WE REQUIRE PHYTOSANITARY CERTIFICATE, CERTIFICATE OF ORIGIN N WEIGHT LIST BASED ON WEIGHTS SHIPPED FROM CHINESE PORT. PACKING SHOULD BE SEAWORTHY BAGS.
(9) 24/7, OUT:
SORRY FOR YR TLX 22. AS WORLD MARKET FOR COMMODITY C514 CHANGED. WE REGRET GOODS ALREADY SOLD BEFORE RECEIPT OF YR TLX. BEST REGARDS.
(10)25/7, IN:
YR TLX 24. YR INFORMATION THAT 300 M/TONS C514 ALREADY SOLD UNACCEPTABLE SINCE YR TLX 17/7 PROLONGED OUR OPTION ON THIS PARCEL UNTIL TODAY 25TH JULY THEREFORE WE INSIST ON YOUR ACCEPTANCE OF OUR ORDER. WITHDRAWAL 8 OF FIRM OPTION CONTRARY TO INTERNATIONAL BUSINESS RULE. IF SOME SMALL PRICE INCREASE IS REQUIRED WE TRY RENEGOTIATING WITH CUSTOMERS. HOWEVER WE CANNOT GUARANTEE RESULT. WE ARE EXPECTING YR REPLY.
(11)29/7 OUT:
YR TLX 25. WE HAVE REALLY SOLD OUT THE 300 M/TONS OF COMMODITY C514 OFFERED FORMERLY 9. WE ARE MUCH APOLOGIZING.
BUT IN SUIT YOUR REQUEST WE MADE OUR BEST ENDEAVOUR IN SECURING 200 M/TONS FROM SUPPLYING SOURCE AND NOW MAKE YOU AN OFFER ON 200 M/TONS OF C514 AT RMB ￥2,650/TON CFR EMP, SHIPMENT IN SEPTEMBER. THIS OFFER IS VALID 10 SUBJECT REPLY HERE BEFORE 31/7.
(12)30/7, IN:
YR TLX 29 OF COMMODITY C514 IS UNACCEPTABLE. WE ARE COMPELLED TO RESERVE OUR RIGHTS ON ARBITRATION 11 THROUGH FOREIGN TRADE ARBITRATION COMMISSION CHINA COUNCIL FOR PROMOTION 12 INTERNATIONAL TRADE AND POSSIBLE ALSO THROUGH NETHERLAND COMMODITY TRADE ASSOCIATION FOR TECHNICAL ARBITRATIONS 13 OR OTHER APPRICIATE AUTHORIZED 14 ORGANIZATION. WE MUST INSIST ON EXECUTION CONTRACT AS PER OUR TIMELY ACCEPTANCE OF YOUR OFFER VIDE OUR TELEX 1 22/7. WE CAN AGREE THE SHIPMENT OF 300 M/TONS IN AUGUST/SEPTEMBER INSTEAD OF PROMPT SHIPMENT AS CONTRACTED. FAILING WHICH WE WILL CLAIM FOR RMB ￥232,950 ACCORDING TO YOUR INDICATION VALUE NOW RMB ￥2,650 CFR WHEREAS CONTRACTED PRICE RMB ￥1,900 CIF.
(13)2/8, OUT:
REGARDING OFFER 300 M/TONS COMMODITY C514 WHAT WE PROLONGED IN OUR TLX 17/7 TILL 25/7 IS WE AGREE PROLONG THE DURATION OF THE OFFER N NOTHING WAS SAID SUCH BEING FIRM OFFER NOR IN ANY OUR PREVIOUS TLX MENTIONING SUCH BEING FIRM OFFER. AS OUR OLD CUSTOMER YOU SHOULD KNOW THAT OFFERS SUBJECT OUR FINAL CONFIRMATION 15 IS OUR USUAL PRACTICE. CONSIDERING OUR PAST AND FUTURE FRIENDLY TRADE RELATIONS WE DID MAKE YOU ON 29/7 FROM OUR NEW SUPPLY AN OFFER OF 200 M/TONS AT RMB ￥2,650 BUT ASTONISHED TO LEARN FROM YOUR TLX 30 RAISING QUESTION OF ARBITRATION. AFTER FURTHER RECONSIDERATION WE PREPARE QUOTING YOU PREFERENTIAL PRICE ON THIS NEW OFFER 200 M/TONS. PLS GIVE YOUR FRIENDLY OPTION THANKS.
(14)4/8, IN:
YOUR TLX 2/8 C514 REGRET DISAGREE YOUR VIEW AND REASONING BECAUSE WE HAD YOUR OFFER FOR REPLY TILL 25/7 AND REPLIED TIMELY ON 22/7 AS RECOGNIZED BY YOU. WE ARE AWFULLY 16 SORRY HAVE TO CLAIM CORRECT EXECUTION OF CONTRACT 300 M/TONS C514 AT RMB ￥1,900 CIF FOR WHICH WE CAN ACCEPT AUGUST/SEPTEMBER SHIPMENT SHOWING OUR GOOD WILL. WE ARE READY TO OPEN OUR L/C AS SOON AS YOU INFORM CONTRACT NUMBER. IF YOU DO NOT AGREE THERE IS NO ALTERNATIVE BUT TO RELUCTANTLY SUBMIT MATTERS TO IMPARTIAL 17 JUDGEMENT. LOSE NO TIME TO TELEX BACK VIEW RAPID DEVELOPMENT C514 MARKET. HOWEVER HOPE YOU EXECUTE 300 M/TONS IN AUGUST/SEPTEMBER AVOID ARBITRATION.
(15)9/8, IN:
REFER TO OUR TLX 4/8 C514 MISSING YOUR REPLY RUSH.
(16)12/8, OUT:
YOUR TLX 4 RECEIVED. CONSIDERING OUR FRIENDLY TRADING RELATIONS WE DECIDE SELLING YOU 300 M/TONS C514 AT RMB ￥1,900 PER TON CIF ROTTERDAM OF WHICH 200 M/TONS BE SHIPPED IN SEPTEMBER N THE REMAINING 100 M/TONS SHIPMENT IN OCTOBER OWING THAT WE STILL HAVE TO SECURE STOCK. FOR SHIPPING DOCUMENTS NO CERTIFICATE OF ORIGIN ISSUABLE. PACKING BY SINGLE GUNNY BAGS 75 KILOS NET PER BAG. MARKS AT SELLERS OPTION. PAYMENT BY IRREVOCABLE L/C SIGHT DRAFT.
(17)13/8, IN:
YOUR TLX 12. WE ACCEPT YR DECISION AND AGREE THE SHIPMENT OF 200 M/TONS IN SEPTEMBER N 100 M/TONS OCTOBER. PLS TELEX CONTRACT NUMBER FOR OPENING L/C. WE UNDERSTAND YOUR POSITION WAS DIFFICULT BUT HOPE FUTURE BUSINESS MORE REMUNERATIVE 18 FOR YOU BASED ON OUR GOOD RELATIONS. REQUEST AIRMAIL 1 KILO OUTTURNS SAMPLE. REGARDS.
Notes
1. dispute v.i. v.t. n. 争议，争执，争端，争论
dispute with (or: against) sb. on (or: about) sth. 同某人争论某事
The buyer disputes with the seller on delay of shipment. 买方与卖方为迟交货物发生争论。
settle (adjust) a dispute 解决（调解）争端
2. positive adj. 明确的，积极的，绝对的
3. option n.
① 选择、选择权；
② 买卖的特权（指在契约期内按照规定价格买卖指定的股票、货物等的权利）；
③ 在规定时间内要求履行合同的特权；
④ 被保险人对赔款方式的选择权。
at buyer's option 由买方选择
at seller's option 由卖方选择
We request you to keep the option for one week. 请保留报盘有效期七天。
4. prolong v.t. 延长；拉长；拖延
The agreement has been prolonged for another two years. 协议延长了两年。
prolongable adj. 可延长的，可拖延的
The validity of the L/C is not prolongable. 信用证的有效期不可延长。
5. phytosanitary certificate 卫生检疫证明书
sanitary 7 inspection 20 certificate 卫生检验证书
6. based on weights shipped from Chinese port 以中国口岸装船重量为基础
7. in suit your request 为满足你方要求
8. Netherlands Commodity Trade Association for Technical Arbitrations 荷兰商品贸易技术仲裁委员会
9. other appreciate authorized organization 其它相应有权的机构
10.vide v. 〔拉〕请看，参看
vide the attachment 21 参看附件
11.usual practice 惯例；习惯做法
Payment by irrevocable letter of credit at sight is our usual practice. 以不可撤消的即期信用证支付是我方的惯例。
12.preferential price 适宜的价格；优惠的价格
preferential treatment 优先处理；优惠待遇
preferential tariff 22 特惠关税
13.alternative n. 选择；抉择；取舍；两者挑一
have no alternation but… 除……外别无选择
14.impartial adj. 公正的，不偏袒的，无偏见的
impartial judgement 有报酬的，有利的
15.remunerative adj. 有报酬的，有利的
Exercise
Study the case carefully, analysing in what respects the transaction is a failure. Imagine that you are the seller, stating out in what ways you will try to avoid or extricate 23 from the passive position.
- I shall send you the information by telex.我将用电传把这一信息给你传来。
- He rushed in with an urgent telex from Hong Kong.他手里拿着一份香港发来的紧急电传冲了进来。
- It'sends up to800 telexes a day, mostly as confirmation for transactions. 它为它的1375个客户的其中50个客户维护184个电传帐号。
- Several telexes arrived this morning. 今天上午收到了几份电传。
- We won't have any breach of discipline.我们不允许任何破坏纪律的现象。
- He was sued for breach of contract.他因不履行合同而被起诉。
- His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
- We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。
- They closed the deal in sugar after a week of negotiation.经过一星期的谈判，他们的食糖生意成交了。
- The negotiation dragged on until July.谈判一直拖到7月份。
- We struck a bargain with an American shipping firm.我们和一家美国船运公司谈成了一笔生意。
- There's a shipping charge of ￡5 added to the price.价格之外另加五英镑运输费。
- It's not sanitary to let flies come near food.让苍蝇接近食物是不卫生的。
- The sanitary conditions in this restaurant are abominable.这家饭馆的卫生状况糟透了。
- The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。
- They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。
- We now enjoy these comforts of which formerly we had only heard.我们现在享受到了过去只是听说过的那些舒适条件。
- This boat was formerly used on the rivers of China.这船从前航行在中国内河里。
- His claim to own the house is valid.他主张对此屋的所有权有效。
- Do you have valid reasons for your absence?你的缺席有正当理由吗？
- The wage disagreement is under arbitration.工资纠纷正在仲裁中。
- Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。
- The teacher conferred with the principal about Dick's promotion.教师与校长商谈了迪克的升级问题。
- The clerk was given a promotion and an increase in salary.那个职员升了级，加了薪。
- By November last year, it was administering 120 arbitrations that were conducted in the region. 截至去年十一月，该秘书处分处处理的区内仲裁个案有120宗。 来自互联网
- She was the labor relation specialist, and handled all grievances, and arbitrations for the region. 作为劳工关系专家，她负责处理该地区所有的申诉和仲裁。 来自互联网
- An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
- We are waiting for confirmation of the news.我们正在等待证实那个消息。
- We need confirmation in writing before we can send your order out.给你们发送订购的货物之前，我们需要书面确认。
- Agriculture was awfully neglected in the past.过去农业遭到严重忽视。
- I've been feeling awfully bad about it.对这我一直感到很难受。
- He gave an impartial view of the state of affairs in Ireland.他对爱尔兰的事态发表了公正的看法。
- Careers officers offer impartial advice to all pupils.就业指导员向所有学生提供公正无私的建议。
- He is prepared to make a living by accepting any remunerative chore.为了生计，他准备接受任何有酬报的杂活。
- A doctor advised her to seek remunerative employment.一个医生建议她去找有酬劳的工作。
- On no account should we cut down the outturn.我们绝不可以把产量降低。
- No doubt you've received the outturn samples of the inferior quality goods.你们一定收到了质量低劣产品的到货抽样。
- On random inspection the meat was found to be bad.经抽查，发现肉变质了。
- The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。
- She has a great attachment to her sister.她十分依恋她的姐姐。
- She's on attachment to the Ministry of Defense.她现在隶属于国防部。
- There is a very high tariff on jewelry.宝石类的关税率很高。
- The government is going to lower the tariff on importing cars.政府打算降低进口汽车的关税。