(Mr. Green, representative of a European import firm, is on a visit to China. He arrived in Guangzhou a few days ago and has been attending the Guangzhou Fair. He has been instructed by his head office to get into contact with Miss Weng of Chinese Trading Corporation, Guangzhou Branch, to talk over a claim case. Miss Weng is handling the case on behalf of her Shanghai Branch. )
(A: Miss Weng; B: Mr. Green)
A: Good afternoon, Mr. Green. I'm told that you've been waiting here for me for quite some time. Sorry to keep you waiting. A talk with an importer from Europe prevented me from coming here.
B: It doesn' t matter, Miss Weng. I know you are always very busy.
A: Is there anything urgent?
B: Well, things are like these. I've just received a telex from my home office, that the goods shipped in March by S. S. Victoria under Order No. 1043 have arrived at Alexandria. But, to our great surprise, they are not in proper condition.
A: Yes, really? What's the trouble then?
B: Quite a number of cartons were badly damaged. Many of the Men's Shirts were water-stained and the majority of the others were severely soiled.
A: Where are the goods now?
B: The goods have been unloaded into the carrier's house. As they are in such a damaged condition, we doubt we will be able to take delivery.
A: Do you know the percentage of the damaged portion?
B: Not exactly. The goods are now under inspection.
A: That's good. We should require a survey report, with that we may know the extent of the damage.
B: My people say that they would send you some shirts drawn at random from the shipment so that you can see yourselves the damaged condition and the reason why they are unsaleable.
A: We should make it clear whether the damage was caused in transit or during the unloading process, or by other reasons.
B: I hope it isn't due to the improper packing. As you know, if that being the case, you will be held liable for the loss sustained.
A: No, it's impossible. The goods were carefully packed and shipped here in excellent condition. I inspected them myself.
B: Then the damage must be caused at somewhere along the line where the goods weren't handled properly.
A: If so, the insurance company or the shipping company should be held responsible and as you know, the claim concerning insurance or transportation should be referred to the insurance company or the shipping company.
B: I know. But so far we haven't got the detailed information yet.
A: So, we have to wait for the surveyor's report and at the same time, we have to check the documents carefully. Only after receiving the detailed report, can we work out the way to handle the problem. What do you say?
B: I agree with you. I think it won't be long before we get the information. I'll advise you the result upon the conclusion of the investigation.
A: Hello, Mr. Green. Have you received the surveyor's report?
B: Yes, Miss Weng. Today I have brought it with me together with the relevant shipping documents. We can have a detailed discussion on this matter and have a careful check over the relevant documents.
A: That's good. I'm sure we can settle the problem amicably through negotiations without resorting to arbitration.
A: Now let's sit down and have a look at the surveyor's report first.
A: Thanks… (reading the surveyor's report), Oh yes, through a thorough examination and a careful inspection, twenty-four cartons of goods have been found seriously damaged. Inside these damaged cartons, the majority of the Men's Shirts contained have been water-stained or severely soiled… Oh, what a great loss!
B: Indeed, it is. According to the des cription of the letter I received from my home office, that portion of shirts are unsaleable. They are simply useless.
A: I trust so. It appears that the damage was caused sometime during the transhipment.
B: We haven't been able to pinpoint just what happened yet, but we are faced with the problem that part of the consignment is unacceptable.
A: It's understandable. That part should be compensated. The shipping company should be liable for their rough handling.
B: One more point, Miss Weng. The surveyor's report indicates that the problem was caused by inadequate wrapping which allowed the packages to work open during the unloading or loading process.
A: But as what I said several days ago, the goods were carefully packed and shipped here in excellent condition and I inspected them myself.
B: That might be true. But the packing in some of the cartons was not in ccordance with the contract stipulations. According to the contract, each of the cartons should be reinforced with double metal straps. We are sorry you have failed to do so, at least, part of the cartons were not reinforced with the said straps.
A: That seems hard to believe. How can that be?
B: If you don't believe, please look at the Surveyor's Report.
A: Perhaps, one of the workshops forgot to do the reinforce work. They must have taken it for granted that the goods were packed for the Hongkong buyers.
A: All right. If so, we agree to settle your claims. But that should be after a negotiation with the shipping company, OK?
B: OK. But what are we to do with that part of goods damaged?Shall we return them to you, or hold them at your disposal?
A: I'll give you a definite answer after I consult with the manufacturers.