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67
WORSE THINGS HAPPEN
Dmitry Vasilyev and John Cartwright are discussing by phone some prob-
lems which have arisen in connection with the delivery of equipment.
J. Cartwright: Hello. Mr. Cartwright speaking.
D. Vasilyev: Hello, John. This is Dmitry Vasilyev from Russia.
J. Cartwright: Hello, Dmitry. Any problems?
D. Vasilyev: Yes. Did you receive our fax yesterday?
J. Cartwright: Yes, we did.
D. Vasilyev: I’d like to know your reaction on it.
J. Cartwright: We’ve carefully studied your complaints, Dmitry.
You are perfectly correct as to the short-delivery. Items 2.5 and 2.6 lacked in
the consignment of equipment we sent you. It was overlooked by our
controller. We apologize for the oversight. It won’t happen again.
D. Vasilyev: When will you send us these parts?
J. Cartwright: This week. By air. We’ll also send you some
documents to facilitate customs clearance at your end.
D. Vasilyev: Fine. But what about the packaging? The cover of
one of the containers was badly damaged. The equipment in this container was
damaged a little too.
J. Cartwright: It wasn’t our fault, Dmitry. The equipment was
packed in the required way. You should take this up with the captain of the
ship.
D. Vasilyev: We’ve already done it, John. He believed that your
packaging is to blame.
J. Cartwright: I must disagree totally with him. Perhaps you should
have been firmer in dealing with him.
D. Vasilyev: Let’s go back to this matter in a couple of days, John.
I’ll try to discuss it with the shipowners. But there is one more problem: a
three-week delay in delivery of the equipment. We suffered some losses
through this delay. I’d like to remind you that according to the sanctions clause
of our contract we have the right to claim a penalty.
J. Cartwright: I’m afraid you haven’t that right, Dmitry. 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.
D. Vasilyev: I don’t 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.
J. Cartwright: We couldn’t have done it owing to circumstances
outside our control.
D. Vasilyev: If we don’t reach mutual understanding, our
company will have to go through arbitration procedures.
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