W: Mr. Brown, I'd like to talk with you about something that is getting to be a problem. I'd like, if possible, to see it settled at this meeting.
B: What is it, Mrs. Wang?
W: It's about the quality of 300 cartons of dried mushrooms. They reached us two weeks ago, and were immediately examined after they arrived. To our astonishment, about 20% of them were moldy and in many cartons there were even small brownish bugs crawling in and out of the half- eaten mushrooms. We can't accept them in this state. They are unfit for human consumption. And the Medical Officer of Health has issued a ?Stop Notice?on them.
B: Is that so? So far we haven't had any complaint of this kind. Our mush- rooms have enjoyed a good reputation for their superior quality for years. We are really at a loss to understand why your lot was found moldy and worm-eaten. Have you any evidence?
W: Certainly. Here's a survey report by a well-known lab in London, whose testimony is absolutely reliable.
—— 布朗先生,我想和你谈谈快要发生的一件比较麻烦的事情。如果可 以的话,我想在这次会议上解决。
—— 是关于300箱干蘑菇的质量问题。两周前到的货,我们当即进行了 检查。令我们惊奇的是,大约20%的干蘑菇已发霉,甚至在许多箱 内有褐色小甲虫爬出爬进,有一半蘑菇已被吃掉。这样的货物我们 是不能接受的。它们不宜被人们食用。医药卫生官员对这些货物发 出了"停售通知"。
—— 有这么一回事?我们还从未收到过这样的抱怨呢。多年来,我们 的蘑菇因质量好而享有盛誉。这真叫我们难于理解,给你们的那批 货怎么发霉了,甚至被虫咬了。你有什么证据吗?
—— 当然有。这是伦敦一家有名的实验室的检验报告,他们的证词绝对 可靠。
B: Though everything may be as you say, there are many factors involved. What's more, your surveyors have not mentioned any cause for the damage.
W: The mushrooms were packed in small one pound plastic bags, sixty of these bags to a carton. It is stated on the surveyor?s report that external conditions of goods at the time of survey are all sound and intact. So it is obvious the cause of the damage is that the mushrooms were not completely dried before packing.
B: As you know, before shipment, the Commodity Inspection
Bureau inspected the goods in question. They concluded that the goods were well dehydrated from fresh and choice material and up to standard for export.
W: I think the Inspection Bureau at your end, when effecting inspection, only selected a few package at random —— these hap- pened to be up to the standard. The part that was not dried properly, most probably, escaped their attention. As the amount in question is only 20% of the whole shipment, I think it is only reasonable that you should compensate us for the loss.
—— 虽然事情可能象你所说的那样,但它牵涉到很多因素。况且,你方 检验员并没有提及造成损坏的任何原因。
—— 蘑菇每磅装一小塑料袋,每60袋装进一只木箱。检验员的报告中
说,检验时货物的外包装都是完好无缺的。所以很明显,造成损坏 的原因是蘑菇在包装前没有彻底干透。
—— 如你所知,这批货在装船前由商品检验局检验过。他们的结论 是,此货已很好地除去了水分,品质上等,达到出口的标准。
—— 我想你方商检局进行检验时,只随意地挑了几包,而这几包又 恰巧达到了标准。而没达到干燥程度的那部份可能就没被他们注 意到。由于波及到的数量只是整批货的20%,我想你方应该赔偿
B: The inspection certificate, which is based on a random selection of 20% of the consignment as we've agreed on beforehand, is considered final and binding upon both parties. We do not accept any claims for compensation for loss incurred in transit, because you bought the goods F.O.B. Houston and on shipping quality, not on landed quality. Your claim, in our opinion, should be re- ferred to the insurance company, as the mishap occurred after shipment.
W: We've already got in touch with the underwriter. But they have refused to accept any liability. They attributed the accident to the effects of dampness during the long sea voyage.
B: That's a matter over which we could exercise no control, then. I'm afraid I have to insist that you approach the insurance company for settlement, that is, if you have covered this risk in your coverage.
W: To my regret, we failed to cover contamination. This is an unfortu- nate oversight on our part and a lesson to us.
B: Otherwise the insurance company would no doubt have enter- tained your case.
W: Well, live and learn. It seems we'll have to waive the claim.
—— 我们事前已有协议,任意抽取整批货的20%进行检验,其检验证明 最终对双方都具有约束力。因为你买的这批货是休斯顿港船上交货 价,以装船质量而不是以到岸质量为准,任何运输途中产生的损失 要求赔偿,我们都不予接受。我们认为,你们应该要求保险公司索 赔,因为损失发生在装船后。
—— 我们已联系过保险商,但他们拒绝承担任何责任。他们将此事故归 咎于长途海运中受潮的结果。
—— 那种事我们可控制不了。我们恐怕还得坚持这一点,就是你们联系 保险公司要求解决,如果你们投保了这个险的话。
—— 遗憾的是,我们没有投保"污染险"。不幸这是我方的疏忽,也是 一个教训。
—— 是的,活到老,学到老。看来,我们只好放弃索赔了。