Through the courtesy of the Chamber of Commerce in Tokyo, we have learned that you have been supplying the best quality foods all over the world, and we are sure there is a large demand for various exotic foods in our country. We are writing to you in the hope of establishing business relations with you.
We are the largest food trading company in Japan with offices or representatives in all major cities and towns in the country. We have been importing a large variety of foods from Europe and the U.S.A. and consider that we have considerable experience in this field.
A bright prospect for your products in our market is foreseeable, We look forward to hearing from you and assure you of our close cooperation at all times.
Asking to Establish Business Relations
Your letter of November 21 addressed to our sister corporation in Shanghai has been transferred to us for attention. As the items fall within the scope of business activities, we shall be pleased to enter into direct business relations with you. We have learned that you are one of the leading importers and wholesalers of Electric and Electronic Machinery and Equipment in Thailand. We are exporters of the same lines of business, having a business background of some 40 years, and are now particularly interested in exporting to your country Electronic Products of all types.
All kinds of our products are good sellers and worth commendation for their excellent quality. If you are interested in marketing these products at your end, please let us know and we shall be pleased to send you our quotations and sample books upon receipt of your specific enquiries.
We look forward to your favorable reply.
Asking for Catalogues
We owe your name and address to Bank of China, Lagos Branch, through whom we have learnt you are exporters of Chinese Textiles and Cotton Piece Goods. For your information, textiles are our main imports, but now we are especially interested in importing Printed Shirting from your country.
If you can assure us of workable prices, excellent quality and prompt delivery, we shall be able to deal in these goods on a substantial scale.
We would therefore highly appreciate it if you would send us by airmail catalogues, sample books and all necessary information regarding Printed Shirting, so as to acquaint us with the material and workmanship of your supplies.
We are looking forward to your early reply.
Asking to Establish Business Relations
Your name and address have been recommended to us by the Commercial Counselor’s Office of our Embassy in your country as well-established importers of light industrial goods in your country. We now avail ourselves of this opportunity to write to you and see if we can establish business relations by a start of some practical transactions.
Our corporation is established for the purpose of carrying on import and export business as well as other activities in connection with foreign trade. We are active in commercial intercourse with the trade and financial circles of various countries and districts. We are striving to expand economic cooperation and exchange of technology with foreign countries, and to utilize common and reasonable international practices in a flexible way.
To acquaint you with light industrial goods we handle, we are sending you, by separate airmail, a commodity list and several sample books for your reference. We welcome your inquiries.
Invitation to Guangzhou Fair
We are glad to learn that you are considering a visit to China to pave the way for cooperation between our two companies.
We agree with you that a discussion between us in person is beneficial and necessary. As the next session of the Chinese Export Commodities Fair in Guangzhou is to be held from April 15 to April 27, 2000 in the city of Guangzhou in southern China, we would like to suggest that you attend it. The general manager and sales representatives of our company will be there to meet you and conduct negotiations with you. Some of the new products will be on display at our stands at the Fair. After the visit to the Fair you are welcome to come to the city of Nanjing to see some of the factories you are interested in.
Provided you have decided on such a visit, we will forward you a formal invitation, with which you can apply for an entry visa.
We are confident that our meeting at the Fair will be productive and lead to advance of our business relations.
An itinerary of a Visit
We are in receipt of your telex message this morning. In compliance with your request, we have made a tentative itinerary for your trade group’s visit to Nanjing as follows:
July 24, Monday
10:00 a.m.: Arrival in Nanjing by MU9803
2:00p.m.: Business negotiation
July 25, Tuesday
Morning and afternoon: Going to Suzhou to visit Suzhou Industrial Park
July 26, Wednesday
Morning: Return from Suzhou to Nanjing
Afternoon: Visit factories in Nanjing
July 27, Thursday
9:00 a.m.: Business negotiation
Afternoon: Sightseeing in Nanjing
7:30p.m. : Departure from Nanjing to Beijing by Flight CA1505
The above itinerary is open to alterations and your comments and suggestions are welcome. Your prompt reply will be highly appreciated.
Showing Interest in Products
We have read your advertisement in “Economic Reporter” and we are glad to know that you are one of the leading exporters of silk blouses in China. We are interested in the products and would like to be informed of details of your various types, including sizes, colors and prices.
We are large dealers in silk garments, having over 15 year’s experience in this particular line of business. Silk blouses of good quality and moderate prices command a good sale in our market.
When replying, please state terms of payment and discounts you would allow on purchases of quantities of over 100 dozen of individual items.
We look forward to your early reply.
Making an Enquiry
Please be informed that one of our clients is in the marked for peanuts. It will be highly appreciated if you could quote us your rock-bottom prices for the same, with indication of date of shipment.
We would like to stress the point that the peanuts enquired for are handpicked Shandong peanuts, 2001 crop and packed in new gunny bags of 100 kgs each. Meanwhile, the goods should be surveyed by a certified public surveyor as to their quality and weight.
In order to facilitate our mutual business, it is hoped that you would airmail us the soonest possible your proforma invoice for 2,000 tons of the above commodity with prices on CFR Genoa basis, so that we could get our client’s confirmation.
Your prompt reply would be appreciated.
An Enquiry for Arts & Crafts
We are much obliged to Bank of China for the name and address of your company and are pleased to know you are one of the principal producers and exporters of arts and crafts in China.
We are glad to tell you there is an urgent need for moderately priced gifts of salient oriental characteristics in Australia for the forthcoming 2000 Olympic Games in Sydney. We shall appreciate it if you will quote us your floor price for cloisonné cups and vases of different sizes at your earliest convenience. Quotations for other recommended Chinese arts and crafts appealing to tourists as gifts are also welcome. Provided the prices quoted are competitive, we should like to place large orders with you.
As for payment, we will open irrevocable letter of credit in your favor for the total value right after orders have been confirmed by us. Your soonest reply will be much appreciated
Reply to an Enquiry
Your enquiry for Pens has been passed on us for attention by our Commercial Counselor’s office in your country.
We specialize in producing Hero Brand Pens of various types, with a history of 64 years. The enclosed catalogue will make you acquainted with some of our products.
In particular, we recommend and quote for the following types which have met with warm reception in the Middle East market and, we are sure , will be of interest to you.
Twin Gift Set
High Grade Golden Pen
High Grade Iridium pen
A fountain pen of 14k gold nib
Matches a ballpen.
12k gold nib, Stainless steel cap
exposed nib, Aluminum cap,
US $ 100.50
US $ 52
US $ 36
It is understood the above prices are quoted on FOB Shanghai basis and are without engagement, subject to our final confirmation, We’d appreciate payment by confirmed, irrevocable L/C at sight. The goods would be ready for shipment one month from receipt of your written order.
We look forward to your trial order.
Making a Quotation
We are in receipt of your letter of July 17, asking us to offer 10,000 metric tons of Superior White Sugar on FAS Shanghai basis and appreciate very much your interest in our product.
To comply with your request, we are quoting you as follows:
1. Commodity: Superior White Crystal Sugar.
2. Packing: To be packed in new gunny bag of 100 kgs. each.
3. Quantity: Ten Thousand (10,000) metric tons.
4. Price: at USD105.00 per metric ton, FAS Shanghai.
5. Payment: by 100% irrevocable and confirmed letter of credit in our favor available by draft at sight.
6. Shipment: October/November 1999
Your attention is drawn to the fact that we have not much ready stock on hand. Therefore, it is imperative that, in order to enable us to effect early shipment, your letter of credit should be opened in time if our price meets with your approval.
We are awaiting your immediate reply.
Making an Offer
We are in receipt of your letter of Nov. 21, for which we thank you, and to which we have sent you a reply by telex this morning.
You must have noted from our telex that we are in position to make you a firm offer on 250 L/Ts Steel Tubes at £620.00 per L/T CIF Lagos, for shipment to be effected within two months after receipt of your order, and payment is to be made by sight L/C. This offer is subject to your reply reaching here within one week.
As you are aware, there has been an active demand for Steel Tubes in the market. Therefore, it is impossible for us to keep this offer open too long for it will certainly result in increased price, to which we hope you will pay attention, and meanwhile we are expecting your early reply.
Making a Counter-offer
Re : Bitter Apricot Kernels 1999 Crop
We are in receipt of your letter of August 14 offering us 60 metric tons of the captioned goods at RMB2,660 per metric ton on the usual terms.
In reply, we regret to inform you that our buyers in Odense find your price much too high. Information indicates that some parcels of Turkish origin have been sold there at a level about ten percent lower than yours.
We do not deny that the quality of Chinese Kernels is slightly better, but the difference in price should, in no case, be as big as ten percent.
To step up trade, we, on behalf of our buyers, counteroffer as follows ,subject to your reply being received here by August 26, our time: “60 metric tons Bitter Apricot kernels, 1999 Crop at RMB 2350 per metric ton on CIFC 2% Odense with transshipment at Copenhagen, other term as per your letter dated 14/8/99”.
As the market is declining, we recommend your immediate acceptance.
Advising Sb. To Accept a Quotation
We have for acknowledgement your letter of Feb. 27 from which we note that you find our quotation for the abovementioned commodity too high to be acceptable, as the goods of Spanish origin have been offered at a price about 10% lower than ours. While we do not doubt what (ever) you said, we are of the opinion that the quality of the Spanish goods is far from being comparable to ours.
However desirous we are to develop trade between us, we very much regret that we cannot accept your counteroffer. The best we can do is to allow you a 2% reduction in price. We believe if you take the quality into consideration, you will find our quotation most favorable. As our stocks are running low, it is advisable for you to make an immediate decision.
We are looking forward to your favorable reply.
Comparison of Goods
We are pleased to learn from China Council for the Promotion of International Trade who informed us that you are in the market for honey.
We wish to inform you that we are specialized in the export of the commodity. Chinese honey is popular with European customers with its special flavor.
As requested, we now enclose our quotation sheet with samples and catalogues to be sent under separate cover. We trust that the quoted price is acceptable to you, which is 10% lower than that of the similar article of Indian origin. A fair comparison in quality between our products and those of other suppliers will convince you of the reasonableness of our quotations.
We would suggest that you send us your trial order as soon as possible, as there is a brisk demand for this article.
Recommendation of a Substitute
We are delighted to receive your letter of November 18 asking whether we can supply you with Art. No.6024. However, we regret to tell you that the said article is not available owing to the rush of orders.
In order to meet your demand, we would recommend an excellent substitute. It is as good as the inquired article in quality, but the price is 25% lower. It has already found a ready market in Asia. We are dead sure it will meet with warm reception in your country as well.
Full details of our export prices and terms of business are enclosed with this letter. Our illustrated catalogues and sales literature are being sent by separate post.
You may be sure of our immediate attention to your order, which we look forward to receiving.
The Global Trading Co., Ltd has informed us that you are searching for high-grade Wool Sweaters to be shipped to Denmark. We’d like to offer you our “Arrow” lines which reach a standard sufficiently high to redound your credit.
“Arrow” brand Wool Sweaters are exclusively made from quality export-grade Australian pure new wool, which has unique features giving natural warmth and comfort with proper elasticity and soft feeling. They are also ideal for those with rheumatic, arthritis and back suffering, and already have a good market in over 25 countries and regions.
Dealers in this line have reaped gratifying profits and we have no doubt that you will also be able to share the success.
We enclose a catalogue of the goods for your reference and look forward to your early reply.
Thank you for your letter of June 18 ordering 8,000 meters of 100 cm wide watered silk.
We regret to say that we can no longer supply this silk. Fashions constantly change and in recent years the demand for watered silks has fallen to such an extent that we ceased to produce them.
In their place we can offer our new Gossamer brand of rayon. This is a finely woven, hardwearing, non-creasable material with a most attractive luster. The large number of repeat orders we regularly receive from leading distributors and dress manufacturers is a clear evidence of the widespread popularity of this brand. At the low price of only $1.10 per meter, this rayon is much cheaper than silk and its appearance is just as attractive.
We also manufacture other cloths in which you may be interested, and are sending a complete range of patterns by parcel post. All these cloths are selling very well in many countries and can be supplied from stock. If, as we hope, you decide to place an order, we could meet it within three weeks.
We hope to hear from you soon.
Very cordially yours,
Letter 19Supplier Refuses Price Reduction
We have carefully considered your counter-proposal of 20 July to our offer of woolen underwear, but very much regret that we cannot accept it.
The prices quoted in our letter of 18 July leave us with only the smallest margins, and are in fact lower than those of our competitors for goods of similar quality.
The wool used in the manufacture of THERMALINE range undergoes a special patented process, which prevents shrinkage and increases durability, the fact that we are the largest suppliers of woolen underwear in this country is in fact in itself evidence of the good value of our products.
We hope you will give further thought to this matter, but if you then still feel you cannot accept our offer we hope it will not prevent you from approaching us on some future occasion. We shall always be happy to consider carefully any proposals likely to lead to business between us.
Letter 20Placing an Order
Enclosed please find our order No. AB3015, for Canvas Shoes in assorted sizes, colors and designs.
We have decided to accept the 8% discount you offered and terms of payment, viz. Documents against Payment, but would like these terms to be reviewed in the near future.
Would you please send the shipping documents and your sight draft to Northminster Bank (City Branch) Deal Street, Birmingham B3 ISQ?
If you do not have any of the listed items in stock, please do not send substitutes in their place.
We would appreciate delivery within the next six weeks, and look forward to your acknowledgement.
Enc. : Order form No. AB 3015
Letter 21Declining an Order
We thank you very much for your order of Aug 3. After careful consideration on your request, however, we have come to the conclusion that we cannot but decline the said order.
In order to meet the specifications for your order we would have to install a large amount of special equipment at our plant, and this would not be possible before January next year without interrupting our normal production. This is something we cannot afford to as we will be heavily committed to orders for the rest of the year.
We regret not being in a position to accept your order, but hope that you will understand our situation. Please let us have any other inquiries of yours, as we shall be only too pleased to meet your requirements.
Letter 22Delay in Completing an Order
I am writing to you concerning your Order No AB3523 which you placed five weeks ago. At that time we had expected to be able to complete the order within the delivery date we gave you which was July 5th, but since then we have heard our main supplier of copper has gone bankrupt.
This means that we have to find another supplier who could fulfill all the outstanding contracts we have to complete. As you will appreciate this will take some time, we are confident that we should be able to arrange to get our materials and deliver consignments to our customers by the middle of next month.
We regret the unfortunate situation over which we had no control and apologize for the inconvenience. If you wish to cancel the order it would be quite understandable, but we stress that we will be able to complete delivery by next month and would appreciate it if you could bear with us till then.
Please let us know your decision as soon as possible. Thank you for your consideration.
Letter 23Fulfilling an Order
Order No. k1236
The above order has now been completed and sent to Zhangjiagang Docks where it is awaiting loading onto SS Eastsea which sails for Kobe, Japan on 25 July and arrives on 29 July.
Once we have the necessary documents we will hand them to Chartered Bank, your bank’s agents here, and they will forward them to the Union Trust Bank in Japan.
We have taken special care to see that the goods have been packed as per your instructions, the six crates being marked with your name, and numbered 1—6. Each crate measures 6ft*4ft*3ft and weighs 5 cwt.
If there is any further information you require, please contact us. Thank you very much for your trial order, and we hope it will lead to further business between us.
Letter 24Introduction to Terms of Payment
We are pleased to receive your inquiry of 5th July and enclose our illustrated catalogue and price list.
We are confident you will be interested in our products and welcome your further inquiry.
As to our terms of payment, we usually adopt confirmed and irrevocable letters of credit in our favor, payable by draft at sight, reaching us one month ahead of shipment, remaining valid for negotiation in China for a further 21 days after prescribed time of shipment and allowing transshipment and partial shipment.
We hope the above payment terms will be acceptable to you and expect to receive your trial order soon.
Looking forward to your early reply.
Letter 25Accepting D/P Terms
We are in receipt of your letter of August 22. Having studied your suggestion for payment by D/A for a trial order of 120 cartons Black Tea, we regret that we are unable to entertain your request. As our usual practice goes, we require payment by confirmed and irrevocable letter of credit. That is to say, at present, we cannot accept D/A terms in all transactions with our buyers abroad. However, in consideration of our friendly relations, we are, as an exceptional case, prepared to accept D/P sight terms.
We sincerely hope that the above payment will be acceptable to you and trust you will appreciate our co-operation.
Looking forward to your early reply.
Letter 26Urging Establishment of L/C
Re: Our Sales Confirmation No. AJ105
The goods under the captioned S/C have already been ready for shipment. The date of delivery is approaching, but we still have not received your covering Letter of Credit to date. Please do your utmost to rush the L/C so as to enable us to effect shipment within the stipulated time.
In order to avoid subsequent amendments, please see to it that the L/C stipulations conform to the terms of the Contract. Moreover, we wish to invite your attention to the fact that the Contract is concluded on FOB Shanghai basis, therefore, your responsibility is to dispatch the vessel to the loading port in due course.
We are looking forward to receiving your L/C soon.
Letter 27Advice of Establishment to L/C
We have received your letter of December 11 in connection with your Sales Confirmation No. Y1656.
In reply, we are pleased to tell you that we have today established with the National Bank the confirmed, irrevocable Letter of Credit No. 6783 in your favor for the amount of FRF 62,000 payable by sight draft accompanied by a full set of the shipping documents.
As the season is drawing near, our buyers are in urgent need of the goods. Please arrange shipment of the goods ordered by us upon receipt of the L/C. We would like to stress that any delay in shipping our order will involve us in no small difficulty. We hope you will let us know at your earliest convenience the name of the carrying vessel and its sailing date.
Thank you in advance for your cooperation.
Letter 28Asking for Amendment to L/C
We have today received L/C No. 2398 covering Order No. 6125.
After checking we have found some discrepancies. Please make the following amendments without the least possible delay:
1. Increase the amount of your L/C by $ 520.
2. Allow partial shipment and transshipment and delete the clause “by direct steamer”.
3. Amend the quantity to read: 15,000 M/T (5% more or less at Sellers’ option).
Please see to it that your amendments reach us by 30 October, otherwise shipment will be further delayed.
Letter 29Amending L/C as Allowing Transshipment and Partial Shipment
We thank you for your L/C No. 6288 covering your Order No. 333 for 12,000 dozen Lotus Brand jeans.
On perusal, we find that transshipment and partial shipment are not allowed. As direct steamers to your port are few and far between, in most cases, goods have to be transshipped from Hongkong. As to partial shipment, it would be to our mutual benefit if we could ship immediately whatever is ready instead of waiting for the whole shipment to be completed. Therefore, we find it necessary to request you to amend your L/C as allowing transshipment and partial shipment, failing which the delivery of this order will by force be delayed.
Your prompt attention to the matter will be much appreciated.
Letter 30Asking for Extension of L/C
We thank you for your Letter of Credit No.BC630 issued through the Commercial Bank covering 6,000 pieces of computers.
In accordance with the stipulations of the L/C, shipment should be effected not later than August 19, and transshipment is not allowed. However, owing to the workers’ strike here, there will be no direct steamer to your port until the end of August. Therefore, we have to request you to extend the date of shipment and the validity of the L/C to September 30 and October 15 respectively.
Since this is the urgent matter, please confirm the amendment by fax. Your compliance with our request will be highly appreciated.
Letter 31Asking for Insurance Arrangement
Re: Our Order No.113, Your Sales Contract No. 90 Covering 400 Cases Pottery.
We wish to refer you to our Order No.113 for 400 cases of pottery, from which you will see that this order was placed on CFR basis.
As we now desire to have the shipment insured at your end, we shall be much pleased if you will kindly arrange to insure the same on our behalf against All Risks for 110% of the invoice value, i.e. USD3300.
We shall of course refund the premium to you upon receipt of your debit note or, if you like, you may draw on us at sight for the same.
Letter 32Reply to an Insurance Application
Re: Your Order No. 113, our Sales Contract No. 90 Covering 400 Cases Pottery.
We thank you for your letter of June 30, requesting us to effect insurance on the captioned shipment for your account.
We are pleased to confirm having covered the above shipment with the People’s Insurance Co. of China against All Risks for USD3300. The policy will be sent to you in a day or two together with our debit note for the premium.
For your information, this parcel will be shipped on s/s “Fengqing”, sailing on or about the 10th next month.
Letter 33Asking for Extra Insurance
Please refer to our Order No. A135 for 10,000 M/T Rock Phosphate, from which you will certainly note that this order is placed on CIF basis.
Now we would like to remind you to have the shipment insured in due course. Please see to it that the above-mentioned goods should be shipped before October 20 and that the shipment should be covered WPA for 130% of the invoice value. We know that according to your usual practice you insure the goods only for 10% above the invoice value; therefore the extra premium will be for our account.
We sincerely hope that our request will meet with your approval and await your reply with keen interest.
Letter 34Clarification of Insurance Terms
Re: Your L/C No. TK309
We thank you for your letter of December 6 and your L/C No.TK309 for RMB25, 000 issued by the Bank of Singapore, advised through the Bank of China, HongKong.
On going through the stipulations of your credit, we regret to find that in addition to FPA and War Risk, you require insurance to cover TPND and SRCC which were not agreed upon by both parties during our negotiations at the First Beijing International Fair.
Under the ordinary circumstance, no loss or theft of such merchandise as mild steel flat bars is likely to occur during transport or after arriving at its destination. Therefore, it is our practice to cover FPA for such commodity. Since you desire to have your shipment insured against TPND, we can arrange such insurance at your cost.
With regard to SRCC, we wish to state that the People’s Insurance Company of China, from now on, accepts this special coverage and will fall in with the usual international practice.
We hope you will see your way to arrange with your bank for an amendment to your L/C to increase the amount in order to cover the extra premium under advice to us.
We assure you that as soon as your amendment reaches us, we shall of course, make the necessary arrangement for the shipment.
Letter 35Advising Insurance Rate
We have received your letter dated 14th July and are pleased to note that you would like to insure with us a shipment of Glassware from Tianjin to New York by sea.
We would advise that the rate now being charged by us for the proposed shipment against All Risks including war risk is 1% subject to our own Ocean Marine Cargo Clauses and Ocean Marine War Risk Clauses, copies of which are enclosed herewith for your reference.
If you find our rate acceptable, please let us know the details of your shipment so that we may issue our policy accordingly.
We are looking forward to your early reply.
Letter 36Urging Shipment (I)
Re: Your Sales Confirmation No.100 Covering 500 Cases Toys.
We thank you for your letter dated 21st August in connection with the captioned goods. In reply, we take pleasure in advising you that the confirmed, irrevocable Letter of Credit No.654 for the sum of USD5, 500, has been opened this morning through the First Commercial Bank Ltd., New York.
Upon receipt of the same, please effect shipment of the goods booked by us as soon as possible. We are informed by the local shipping company that s/s “Apollo” is due to sail from your city to our port on or about the 12th September and, if possible, please try your best to ship by that steamer.
Should this trial order prove satisfactory to our customers, we can assure you that repeat orders in increased quantities will be placed. Your close co-operation in this respect will be highly appreciated. In the meantime, we await your shipping advice by fax.
Letter 37Urging Shipment (II)
We are very anxious to know about the shipment of our order for 8,000 pieces Giant Bicycles.
According to the terms of Contract No.FA44, the shipment is to be effected by April 15, 2001. However, up to now we have not received from you any information concerning this lot. We recall that we stated explicitly at the outset the importance of punctual execution of this order. As the selling season is rapidly approaching, we shall appreciate it very much if you will arrange shipment as soon as possible, thus enabling the goods to catch the brisk demand at the start of the season.
We are in urgent need of the goods. Please do make serious efforts to get the goods dispatched with the least possible delay. Otherwise, we shall be compelled to cancel this order.
Letter 38Reply to Request for Earlier Shipment
Re: Your L/C No.456 Contract No.123 Covering 50 Metric Tons Mild Steel Flat Bars.
Referring to your letter of May 12, we wish to inform you that we have just received your amendment to the captioned L/C.
Immediately upon receipt of your above letter, we approached our mills with the request that they hasten their production of your contracted bars. But much to our regret they are not in a position to advance deliveries, as they are heavily booked with orders for months ahead. Under the present condition, the best the mill can do is to ship the whole quantity of 50 metric tons within the stipulated time of shipment, i.e. July.
We would ask you, therefore, to extend the shipment date and validity of your L/C to 15th and 31st July respectively.
While we are extremely sorry for our inability to advance the date of shipment of 50 metric tons to June to meet your urgent need, we can assure you that special care will be given to your order and that we shall do everything possible to ensure smooth shipment of the goods contracted.
Letter 39Asking for Allowing Transshipment
We thank you for your Letter of Credit No. E-102 amounting to USD1, 050,000 issued in our favor through The Hongkong & Shanghai Banking Corporation.
With regard to shipment, we regret very much to inform you that despite strenuous efforts having been made by us, we are still unable to book space of a vessel sailing to Jakarta direct. The shipping companies here told us that, for the time being, there is no regular boat sailing between ports in China and Jakarta. Therefore, it is very difficult, if not impossible, for us to ship the 10,000 metric tons of sugar to Jakarta direct.
In view of the difficult situation faced by us, you are requested to amend the L/C to allow transshipment of the goods in Hongkong where arrangements can easily be make for transshipment. Please be assured that we will ship the goods to Hongkong right receipt of the L/C amendment. And your understanding of our position will be highly appreciated.
We are anxiously awaiting the amendment to the L/C.
Letter 40Shipping Instructions
In reply to your letter dated July10, we are pleased to advise that the confirmed, irrevocable Letter of Credit No.326 for the amount of USD24,000 was established through the ABC Bank, London on July 15. Upon receipt of the same, please deliver our Order No.811 for chemical fertilizer per S.S. “Elizabeth” ETA August 25, 2000 at Rotterdam and confirm by return that the goods will be ready in time. We also ask you to see to it that all the goods are well packed, so as to avoid damage in transit.
We shall appreciate your close co-operation in this respect and await your shipping advice by fax.
Letter 41Shipping Advice (I)
We are please to advise you that the whisky you ordered was dispatched by M/S “Sunlight” today, which is due to arrive at Sydney on May 5. In spite of every care in packing, it sometimes may happen that a few barrels are broken in transit. Should there be any breakages or other causes of complaint, please do not hesitate to let us know.
Further details, concerning the consignment including packing and shipping marks, are contained in our invoice No.218 enclosed in triplicate. In order to cover this shipment we have drawn on you a draft under L/C and negotiated it through The Bank of China, Hongkong with relative shipping documents.
We trust that the goods will reach you in good condition and give you complete satisfaction.
Letter 42Shipping Advice (II)
Regarding your Order No.100, we are pleased to inform you that your consignment of refrigerators has been dispatched by M/S “Venice”, due to arrive at London on March 30.
No. of cases: 3
Weight of each case: 80 kilograms
Measurement of each case: 1.8m*0.8m*1.8m
The commercial invoices (2), and insurance certificates (2), together with clean on board ocean Bills of Lading, have been sent through The Bank of China, Ltd., Beijing, with our sight draft under your L/C.
We hope that the goods will reach you safe and sound so that you may favor us with further orders.
Letter 43About Inner Packing
In reply to your fax message of May 26, we regret having forgotten to mention the inner packing requirements of Bee Brand Brown Sugar we ordered at the Guangzhou Spring Fair this year. Now we have discussed the matter with our customers. They request as follows:
As brown sugar is moisture absorbent especially in hot rainy seasons, it should be packed in kraft paper bags containing 20 small paper bags of 1 kilogram net each, two kraft paper bags to a carton lined with water-proof paper.
We hope the above requirements will be acceptable to you and look forward to your early reply.
Letter 44About Outer Packing
We regret to inform you that of the 30 cases of machine parts you shipped to Sydney on February 18, five were seriously damaged. In consideration of the long and friendly relations between us, we refrain from lodging a claim this time. But we feel it necessary to stress the importance of trustworthy packing for your future deliveries to us.
As machine parts are susceptible to shock, they must be wrapped in soft materials and firmly packed in seaworthy cases in such a manner that movement inside the cases is impossible. The bright metal parts should be protected from dampness and rust in transit by a coating of antirust grease.
We trust that you can meet the above requirement and thank you in advance for your co-operation.
Letter 45Advising Packing and Shipping Marks
We thank you for your letter dated May 2 inquiring about the packing and the shipping marks of the goods under Contract No.P211, and are pleased to state as follows:
All powders are wrapped in plastic bags and packed in tins, the lids of which are sealed with adhesive tape. Ten tins are packed in a wooden case, which is nailed, and secured by overall metal strapping.
As regards shipping marks outside the wooden case, in addition to gross, net and tare weights, the wording “Made In Japan” is also stenciled. Should you have any special preference in this respect, please let us know and we shall meet your requirements to the best of our ability.
We assure you of our close co-operation and await your further comments.
Letter 46Size Tickets
Am sending today by Federal Express outer carton labels and price tickets for this order.
Regarding SIZE TICKETS, I am also sending a K-Mart labeling requirement manual which shows all information required for production of these SIZE TICKETS. Ialso faxed you the relevant pages from this manual regarding the SIZE TICKETS when I faxed the order.
Unfortunately, we cannot supply you with the SIZE TICKETS. However, you can either source them yourselves using the specifications noted in the labeling manual or contact the South Pacific Company and just ask them which supplier they use for these SIZE TICKETS. I know they won’t order them for you, but they may be able to give you the name of their supplier so that you can order from this supplier as well.
Please let us know you go.
Letter 47Asking for Compensation
Re: Our Order No.642
20 cases of Brother Sewing Machines shipped by S.S. “Goddess” arrived here yesterday. We had the cases opened and the contents examined by a local insurance surveyor in the presence of the shipping company’s agents. But much to our regret we have to inform you that four sewing machines in two cases of them were badly damaged. Obviously, the damage was caused by rough handling during transit.
We enclose the surveyor’s report and the shipping agent’s statement. As our order was placed on a CIF basis and you effected the insurance, we should be grateful if you would submit the insurance claim for us with the insurers. We expect to be compensated for the loss sustained in due course.
We hope no difficulty will arise in connection with the insurance claim and thank you in advance for your trouble on our behalf.
Letter 48Complain about Late Delivery
We regret to have to complain about late delivery of the filing cabinets ordered on 2nd July. We did not receive them until this morning though you had guaranteed delivery within a week. It was on this understanding that we placed the order.
Unfortunately, there have been similar delays on several previous occasions and their increasing frequency in recent months compels us to say that business between us cannot be continued under conditions such as these.
We have felt it necessary to make our feelings known since we cannot give reliable delivery date to our customers unless we can count on undertakings given by our suppliers. We hope you will understand how we are placed and that from now on we can rely upon punctual completion of our orders.
Letter 49Complaint of Order Cancellation
We are in receipt of your letter dated November 18, requesting cancellation of your order No.321 for textiles. We cannot see our way, however, to comply with your request for the following reasons:
1. In direct overseas trade of this nature, any changes in import duties are considered to be the importers’ risk, not the exporters’. We, therefore, are in no way to be held responsible for the revision.
2. It does not seem very reasonable for you to say, after you have committed yourselves by placing a definite order with us, that there is no advantage in importing our textiles. In your eagerness to secure profits, we fear, you have failed to give due consideration to the sellers’ standpoint.
3. As you will understand, we had to sign a firm contract with the manufacturers immediately upon receipt of your order. Now, all orders, including your own, have already been made up and are awaiting dispatch, so that we have to hold you to your contract regardless of the circumstances in your country.
We always dislike refusing requests of any kind from regular customers, but regret we have no choice but to do so. Should you refuse to proceed with your order, we reserve the right to claim compensation from you the loss we shall suffer in disposing of the goods elsewhere.
Letter 50Complaint about Short Delivery
Re: Our order No.123
We duly received the documents and took delivery of the goods on arrival of s/s “Prince” at Hamburg.
We thank you for your prompt execution of this order. Everything appears to be correct and in good condition except in case No.3.
Unfortunately when we opened this case we found that the goods were short by 5 units. We have, as you know, demanded these items very urgently as we have only a few stocks.
This is the first time in all our transactions with you that some mistake has occurred, and we hope you will do your utmost to remedy it. We ask you, therefore, to ship the five typewriters by air immediately on receipt of this letter.
Letter 51A Claim for Short-weight and Inferior Quality
We have received the goods of our Order No.P2001, which you shipped by S.S. “Morning Star”.
From the Survey Report issued by the Commodity Inspection Bureau here you will see that there is a shortage of 868 kilos. As the packing remains intact, it is beyond doubt that the shortage occurred prior to shipment. Meanwhile the goods are much inferior to the samples you submitted to us before. Under the circumstances, we have to lodge claims with you as follows.
Claim Number Claim for Amount
GM-30 Short weight USD 1120.85
GM-40 Quality USD 1028.60
Plus survey charges USD 60
Total Amount USD 2209.45
Enclosed please find one copy each of Survey Reports No.3018 and No. 3028 together with our Statement of Claims. We hope you will give the matter your most favorable consideration and settle the claims as soon as possible.
Letter 52Lodging a Claim for Damaged Goods
We have received your shipment covering our order No. 1121 for 200 units of electric heater, which you shipped by M/S “President”, but much to our regret we have to inform you that we have found that one of the cases of your consignment is in a badly damaged condition. Among the goods, the panels of 20 heaters were broken and the mechanisms were exposed. It looks as if some heavy cargo had fallen on it.
As you see in our survey report stating twenty sets of heaters severely damaged, these goods are quite unsaleable. Therefore we would ask you to ship replacements for the broken goods as soon as possible while we will register our claim with the insurance company. We hope the matter will come to your best attention.
Letter 53Lack of Short-landed Memo
We thank you for your letter of August 10, 2000 with the documents enclosed.
After further examination of the file, we note that although the Survey Report mentions 10 packages short-landed, this loss is not shown either in the Warehouse Delivery Tally No.9645 or Warehouse Receipt No.3198. Both of the documents instead confirm that the whole consignment of 120 packages was delivered. Therefore, we do not agree to pay this portion of loss.
Please revise your Debit Note with reduction of the value of the 10 packages alleged to have been short-landed and complete the Receipt and Subrogation form in duplicate annexed herewith. Upon receipt of the same, we shall arrange our remittance in due course.
Letter 54Referring a Client to the Insurance Company for Compensation
Re: 10,000M/T Rock Phosphate under Contract No.227.
We have received your letter of March 5, lodging a claim with us for short weight of 50 metric tons on Rock Phosphate shipment.
While we regret this unfortunate incident, we must point out that the 10,000 metric tons of Rock Phosphate underwent physical weighing by the independent surveyors and the superintendent of shipping company at our end. Both of them certified the actual weight to be 10,000 metric tons, which was confirmed by the surveyor’s Weight Memo and the shipping company’s Bill of Lading.
Under such circumstances, we have reason to believe that the shortage is due to natural loss during transit, for which the responsibility entirely rests with the insurance company. As this consignment has been covered against All Risks, please file your claim against insurance company’s agents at your end.
Letter 55Proposal for Settlement of a Claim
We thank you for your letter dated September 6, with the enclosure of Survey Report No. F5986.
You claim that the quality of the goods shipped per S.S. “East Wind” is inferior to the original sample and request us to make a 10% reduction on the contract price. This does not appear to us to be reasonable, as we sent you an advance sample prior to shipment, and not hearing from you to the contrary, presumed it to be acceptable to you. Meanwhile, this is a quality we have sold for years without receiving any complaints from other customers. It is made in our own mills, and the source of raw materials has not been changed.
However, considering our long-standing business relations and since the goods were examined by a Public Surveyor upon arrival, we will meet you halfway by offering a discount of 5%.
We hope that our proposal will be entertained by you for the settlement of the pending case so that we may continue doing business with you shortly.
We look forward to your early reply.
Letter 56Recommending a Joint Arbitrator
We are surprised to note from your letter of the 5th June that you are not prepared to consider our offer of a 15 per cent discount to compensate you for the defects in the goods supplied in execution of your order No.93/30 of the 1st June.
Though we consider our offer adequate, and even generous, we are prepared to admit that our views may not be justified by the fact. At the same time we regard with disfavor your threat to resort to litigation, and we suggest that the dispute could be settled just as effectively and far more economically by arbitration.
We would recommend on the grounds of economy a joint arbitrator, but should you prefer to have one appointed by each of us, and a third called in with a casting vote in the event of disagreement, we should be prepared to fall in with your wishes.
Letter 57Letter in Response to the Complaint aboutTrially-made Goods
You were right to let us know about the unsatisfactory quality you found when your goods were put into the market. Your complaint is perfectly understandable; however we hope you will also see our viewpoint.
You asked us to alter our specifications to your need, and we informed you repeatedly that the change demanded a substantial revolution on our production system and it was beyond our technical standard.
However at your request we reluctantly had to manufacture the goods neglecting the level of our technique. We apologize for failing to perfect the goods you required but we will do our utmost to make you satisfied with our improved product in the near future.
Letter 58Apologizing for Mixture of Other Goods
We are really sorry for your complaint that your goods have been mixed up with others. We have made the most searching inquires but the only explanation we could find was that the labels had been confused. How this error failed to be found out by our checking system is beyond our understanding.
We hasten to offer our sincere apologies for this mistake which is all the more unfortunate as we were so pleased that you had given our goods such splendid admiration. It goes without saying that 20 sets were on their way to New York within a week on receipt of your letter and we hope that they will reach you in time to meet the anticipated demand for this article.
To compensate you to a certain extent for the troublewe have caused you, we will grant you a special discount of 1% for your next order within the amount of USD100, 000.
Letter 59Letter in Response to the Claim of Discrepancy of Goods
We have read carefully your letter of complaint on the discrepancy of the goods with the original sample. Apparently this was caused by the oversight of our production department. Please accept our apologies for your inconvenience.
We are sending you a new lot by air at once, and would ask you to return the faulty goods at your convenience with freight forward. Or you may keep them for sale at a reduced price of 30% discount.
You are perfectly correct in saying that packing and insurance are normally less for air cargo. However we remind you that your request to send the goods by air was made at very short notice. It was impossible for us to use the lighter air freight packing materials. Furthermore, our insurance is on an open policy, and depends on the value of the goods, not the method of transportation.
We look forward to receiving your remittance when due.
Letter 60Giving a Claim Exgratia Consideration
Your suppliers Jiangsu Overseas Trading Corp, have passed for our consideration the claim files on Policy No. AC. 1285.
After examing the documents, we agree with our agents that according to the situations as stated in the relative survey report the claim is actually not payable by us. Apart from the fact that the water damage does not seem to have occurred within the currency of our insurance, it is noted that the damage was finally ascertained after the shipments left the insured final destination named in the relative policy, i. e. , Sydney and after lapse of certain length of time which would certainly leave the existing damage to aggravate.
Now that, your suppliers have requested us to give the claim exgratia consideration, we would suggest that you retire the claim from our agents and send us the original claim documents. Nevertheless, we would make it clear that, as things stand, our offer would be less than 50% of the damage claimed. As to the exact amount paid for the claim it will be pinned down after the concerned documents are examined.
Letter 61Acceptance of a Claim
Re: Contract No. FX-261-Chemical Fertilizer
We thank you for your letter of May 4, with enclosures, claiming for shortage in weight and inferior quality on the consignment of the chemical fertilizer shipped per S/S “Red Star”.
On examination we found that some 50 bags had not been packed in 5-ply strong paper as stipulated in the contract, resulting in breakage during transit. However, the quality of the consignment was up to standard. We really cannot account for the reason of your complaint in regard to quality. But since the chemical fertilizer was examined by a public surveyor upon arrival at Shanghai and in view of our long-standing business relations, we cannot but accept your claims as tendered.
We therefore enclose our check No. 1485 for USD 20,073.00 in full and final settlement of your claims PBC-51 and 52. Kindly acknowledge receipt at your convenience.
We apologize sincerely for the trouble caused to you, and will take all possible steps to ensure that such a mistake is not made again.
Letter 62Asking to Be an Agent
We learn that you are looking for a reliable sales organization with good connections in the furniture trade to represent you. We are writing to ask to be your agent.
Having had experience in the trade for 15 years, we are familiar with customers’ need and are confident that we could develop a good market in our country. Our sophisticated marketing facilities and the wide connections we possess in the trade should enable us to work up a satisfactory business with you.
As to our financial standing or other information concerning us, we refer you to the Trust and Investment Bank.
We hope to hear favorably from you and know on what terms you would be willing to conclude an agency agreement with us.
Letter 63Offering to Be Textiles Agent
We would like to offer our services as agents for the sale of your products in Australia.
Our company was established in 1926 and we are known throughout the trade as agents of the highest Standing. We are already represented in several West European countries, including France, Germany and Italy.
There is a growing demand in Australia for British textiles, especially for fancy worsted suiting and printed cotton and nylon fabrics. The prospects for good quality fabrics at competitive prices are very good, and according to a recent Chamber of Commerce survey the demand for British textiles is likely to grow considerably during the next 2 or 3 years.
If you would send us details of your ranges, with samples and prices, we could inform you of their suitability for the Australian market, and also indicate the patterns and qualities for which sales are likely to be good. We would then arrange to call on our customers with your collection.
You will naturally wish to have references and may write to Barclays Bank Ltd, 99 Piccadilly, Manchester, or to any of our customers, whose names we will be glad to send you.
We feel sure we should have no difficulty in arranging terms to suit us both. And look forward to hearing from you soon.
Letter 64Offering to Be Del Credere Agent
The demand for toiletries in the United Arab Emirates has shown a marked increase in recent years. We are convinced that there is a considerable market here for your products.
There is every sign that an advertising campaign, even on a modest scale, would produce very good results if it were backed by an efficient system of distribution.
We are well-know distributors of over 15 years’ standing, with branches in most of the principal towns. With knowledge of the local conditions, we feel we have the experience and the resources necessary to bring about a market development of your trade in this country. Reference to the Embassy of the United Arab Emirates and to Middle East Services and Sales Limited would enable you to verify our statement.
If you were to appoint us as your agents, we should be prepared to discuss the rate of commission. However, as the early work on development would be heavy, we feel that 10 per cent on orders placed during the first 12 months would be a reasonable figure. As the market would be new to you and customers largely unknown, we would be quite willing to act on a del credere basis in return for an extra commission of 2 1/2 per cent to cover the additional risk.
We hope you will see a worthwhile opportunity in our proposal, and that we may look forward to your early decision.
Letter 65Reply to Del Credere Agency Application
We are interested in your proposals of 8 July but, though favorably impressed by your views, are concerned that even a modest advertising campaign may not be worthwhile, we therefore suggest that we first test the market by sending you a representative selection of our products for sale on our account.
In the absence of advertising we realize that you would not have an easy task, but the experience gained would provide a valuable guide to future prospects. If the arrangement was successful we would consider your suggestion for a continuing agency.
Meanwhile, if you are willing to receive a trial consignment, we will allow commission at 12 1/2 per cent, with an additional 2 1/2 per cent del credere commission, commission and expenses to be sent against your monthly payments.
Please let us know as soon as possible if this arrangement is satisfactory to you.
Letter 66Inquiry about Agency Applicant’s Conditions
We thank you for your letter of July 18, in which you proposed to sell our products on sole agency basis.
We are deeply impressed by your kindness in submitting this proposal to us, and your application is now under our careful consideration. However, before going further into this arrangement we would like to know your market consumption, the definite quantities you require quarterly or annually, your plan to push the sales of our products, licencing position at your end, your bank references, etc.
Last but not least, the whole matter hinges upon the question of amount of commission you would require on orders obtained and executed. And as your Mr. John Smith intends visiting London in October, we shall be pleased to discuss the possibility of coming to an agreement with him personally.
We are looking forward to your early reply and awaiting Mr. John Smith’s call.
Letter 67Main Terms in an Agency Agreement (I)
Re : Agency Agreement
We are pleased to learn that you have offered to act as our sole agent for marketing our footwears in the U.S.A. After a careful review of our business relations and your past efforts in pushing the sales of our products, we have decided to entrust you with the exclusive agency for our footwears in your country. We set out below the main terms to be covered in the Agency Agreement and should like you to confirm them before drafting the formal agreement.
1. The agency to be a sole agency for marketing our footwears in the U.S.A.
2. No sales of competing products to be made in the U.S.A., either on your account or on account of any other firm or company.
3. All customers’ orders to be transmitted to us immediately for prompt supply.
4. All goods supplied to be invoiced by us direct to customers, with copies to you.
(to be continued)
Letter 68Main Terms in an Agency Agreement (II)
5. A commission of 5% based on FOB values of all goods shipped to the U.S.A., whether on order placed through you or not, payable at the end of each quarterly period.
6. A special del credere commission of 2.5% to be added.
7. Credit terms not to be given or promised to any customer without our express content.
8. Customers to settle their accounts with us direct, and we to send you a statement at the end of each month of all payments received by us.
9. The agency to operate as from 1st January next for a period one year, automatically renewable on expiration for a similar period unless notice is given to the contrary.
10. All questions of difference arising under our agreement to be solved through consultation or to be referred to arbitration if necessary.
We will then arrange for a formal agreement to be drafted and copies sent for your signature.
Letter 69Principal’s Complaint of Agent’s Work
We note with regret that your sales on our account have fallen considerably during the past few months.
At first, we thought this might be due to the slack season in your country, but on looking into the matter more closely, we find the general trend during this period has been upwards.
It is of course possible that you are facing difficulties of which we are not aware. If so, we should like to know of them since it is always possible for us to take measures that would help. We therefore look forward to receiving from you a detailed report on the situation and also any suggestions of ways in which you feel we may be of some help in restoring our sales to at least their former level.
Letter 70Agent’s Complaint of Slow Delivery
We enclose our statement of sales made on your account during May and of commission and expense payable, and if you will confirm our figures, we will credit you with the amount due.
These sales are most disappointing, but this is due entirely to late arrival of the goods we ordered from you last February. Not having received the goods by mid-April we faxed you on the 17th, but found on enquiry that the goods were not shipped until the 26th April and consequently did not reach us until the 22nd May.
This delay in delivery is most unfortunate as the local agents of several of our competitors have been particularly active during the past few weeks and have taken a good deal of the trade that would doubtless have come our way had the goods been here. What is more disturbing is that these rival firms have now gained a footing in a market which, until now, has been largely our own.
We have reminded you on a previous occasion of the competition from Taiwan manufacturers, whose low prices and quick deliveries are having a striking effect on local buyers. If therefore you wish to keep your hold on this market, prompt delivery of orders we place with you is essential.
Letter 71Appointment of Agency (I)
We have received your letter of January 24 and favorably impressed with your proposal for an agency agreement between us. In view of your excellent performance in pushing the sales of our manufactures and the satisfactory business records, we have decided to appoint you as our sole agent for our Panda Brand Recorders in the territory of Iran.
We have draw up a draft sole agency agreement in which the terms and conditions are set forth in details. Please examine it and tell us if they meet with your approval.
We hope the establishment of agency will further expand the business to our mutual benefit.
Letter 72Appointment of Agency (II)
It was a pleasure to meet you yesterday, subsequent to my letter of 17 September.
We are now pleased to offer you an appointment as our sole agents for France on the terms and conditions agreed verbally with you.
This appointment will be for a trial period of 12 months and we will pay you a commission of 7% on the net value of all sales against orders received through you ,to which would be added a del credere commission of 2.5%.
As we are able to facilitate quick delivery there will be no need for you to maintain stocks of our goods, but we will send you full ranges of samples for display in your showrooms.
Please confirm these terms in writing as soon as possible, after which we will arrange for a formal agreement to be drawn up. When this is signed, a circular will be prepared for distribution to our customers in France announcing your appointment as our agents.
We look forward to a successful business relationship.
Letter 73Refusal to Agency Application
We are in receipt of your letter dated February 11, recommending yourselves to be our agent in Finland.
While we appreciate your offering, we have to say frankly that it would be premature to commit ourselves at this stage when the record of transactions shows only a moderate volume of business.
Please do not misinterpret the above remarks, which in no way implies dissatisfaction on our part. As a matter of fact, we are quite satisfied with the way you handle our business and the amount of business you have brought us. However, we are of the opinion that a bigger turnover must be reached to justify establishing the agency.
In view of the above, we deem it advisable to postpone the matter until your future sales warrant such a step. We hope our views will be shared by you and we will make joint efforts to enhance our happy working relationship.
Letter 74Specimen Agency Agreement (I)
1. The Principal appoints the Agent as and from the first day of January, 2001 to be its sole Agent in Finland ( hereinafter called “the area”)for the sale of Printed Cotton manufactured by the Principal and such other goods and merchandise (all of which are hereinafter referred to as “the goods”) as may hereafter be mutually agreed between them.
2. The Agent will during the term of 2 years (and thereafter until determined by either party giving three months’ previous notice in writing) diligently and faithfully serve the Principal as its Agent and will endeavor to extend the sale of the goods of the Principal within the area and will not do anything that may prevent such sale or interfere with the development of the Principal’s trade in the area.
3. The Principal will from time to time furnish the Agent with a statement of the minimum prices at which the goods are respectively to be sold and the Agent shall not sell below such minimum price but shall endeavor in each case to obtain the best price obtainable.
4. The Agent shall not sell any of the goods to any person, company, or firm residing outside the area, nor shall he knowingly sell any of the goods to any person, company, or firm residing within the area with a view to their exportation to any other country or area without the consent in writing of the Principal.
(to be continued)
Letter 75Specimen Agency Agreement (II)
5. The Agent shall not during the continuance of the Agency hereby constituted sell goods of a similar class or such as would or might compete or interfere with the sale of the Principal’s goods either on his own account or on behalf of any other person, company, or firm whomsoever.
6. Upon receipt by the Agent of any order for the goods the Agent will immediately transmit such orders to the Principal who (if such order is accepted by the Principal) will execute the same by supplying the goods direct to the Customer.
7. Upon the execution of any such order the Principal shall forward to the Agent a duplicate copy of the invoice sent with the goods to the customer and in like manner shall from time to time inform the Agent when payment is made by the customer to the Principal.
8. The Agent shall duly keep an account of all orders obtained by him and shall every three months send in a copy of such account to the Principal.
9. The principal shall allow the Agent the following commissions (based on F.O.B. United Kingdom values) in respect of all orders obtained direct by the Agent in the area which have been accepted and executed by the Principal. The said commission shall be payable every three months on the amounts actually received by the Principal from the customers.
(to be continued)
Letter 76Specimen Agency Agreement (III)
10. The Agent shall be entitled to commission on the terms and conditions mentioned in the last preceding clause on all export orders to Finland for the goods received by the Principal from the Agent. Export orders in this clause mentioned shall not include orders for the goods received by the Principals from and sold delivered to customers’ principal place of business outside the area although such goods may subsequently be exported by such customers into the area, excepting where there is conclusive evidence that such orders which may actually be transmitted via the Head Office in England are resultant from work done by the Agent with the customers.
11. Should any dispute arise as to the amount of commission payable by the Principal to the Agent the same shall be settled by the Agent for the time being of the Principal whose certificate shall be final and binding on both the Principal and the Agent.
12. The Agent shall not in any way pledge the credit of the Principal.
13. The Agent shall not give any warranty in respect of the goods without the authority in writing of the Principal.
(to be continued)
Letter 77Specimen Agency Agreement (IV)
14. The Agent shall not without the authority of the Principal collect any money from customers.
15. The Agent shall not give credit to or deal with any person, company or firm which the Principal shall from time to time direct him not to give credit to or deal with.
16. The Principal shall have the right to refuse to execute or accept any order obtained by the Agent or any part thereof and the Agent shall not be entitled to any commission in respect of any such refused order or part thereof so refused.
17. All questions of difference whatsoever which may at any time hereafter arise between the parties hereto or their respective representatives touching these presents or the subject matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to arbitration in England in accordance with the provision of the Arbitration Act 1950 or any re-enactment of statutory modification thereof for the time being in force.
18. This agreement shall in all respects be interpreted in accordance with the Laws of England.
Letter 78Looking for Partners for Joint Ventures
You are probably aware that we are one of the largest manufacture and exporters of chemical fertilizers in Japan, having over 35 years’ experience in this line of business. We have factories producing chemical fertilizers in practically all the industrial cities in our country.
We are pleased to learn of the announcement made by your government that China continues to encourage equity joint ventures with foreign firms. We take this opportunity to approach you in the hope that you will introduce us to any Chinese partners interested in forming joint ventures with us in producing chemical fertilizers in China.
We are aware that joint venture involves complicated legal procedures as well as arrangements relating to percentage of contributions, distribution of dividends and management, etc. of which we should like to have full particulars from you at your earliest convenience so that we may go further into the matter and come to an agreement in the near future.
We hope our interest in joint venture will help promote China’s modernization in chemical industry. We await your early reply.
Letter 79Inquiry about Conditions for Joint Ventures
We are in receipt of your letter of October 20 expressing your interest in joint venture in manufacturing chemical fertilizers and requesting us to introduce to you Chinese partners who may be interested.
We have immediately contacted some of the potential Chinese partners, who state that they welcome your participation but first of all would like to know the approximate amount of your investment and in what form your contribution will be, i.e. in cash, capital goods or technology. They would also like to know if you agree to the project site being in a city other than the cities you suggested.
Our Joint Venture Law places no upper limit on the share of the registered capital of a joint venture contributed by a foreigner although generally speaking the minimum amount acceptable will not be less than 25%. The profits, risks and losses of a joint venture shall be shared by the parties to the venture in proportion to their contribution to the registered capital.
It is advisable to state that according to China’s Joint Venture Law, once a joint venture has been concluded, the contracting parties will have to apply to the concerned government authorities for authorization of the agreement of contract signed between the parties to the venture. When authorized, the joint venture shall register with the Administration for Industry and Commerce of our government and start operation under licence.
We should appreciate your early reply to the questions enumerated above.
Letter 80Stating Particulars for the Proposed Joint Venture
Please accept our thanks for your prompt response to our letter dated October 20 regarding joint venture.
We wish to state that the amount of our investment will be around 1 to 1.5 million U.S. Dollars, partly in the form of cash and partly in capital goods. As to the projects site, we prefer Nanjing to other cities in China because Nanjing offers better conditions for technology, transportation, communication and banking. This city will be especially suitable for exporting chemical fertilizers after the factory in question is completed and starts production. In case our choice Nanjing as the projects site is not acceptable to your Authorities, we have no alternative but to choose Suzhou or Wuxi as a substitute.
We wish to add that the equipment we are going to supply is up-to-date by world standards. We believe that we are entitled to a Tax Holiday for a certain period. It is understood that the net profit earned by the proposed factory is allowed to be remitted in convertible currency.
As joint venture involves complicated procedures, especially in the legal aspects, we should appreciate your furnishing us with more concrete details so as to enable us to proceed with the matter further.
If, however, you think a face-to-face discussion will help clarify and settle any questions existing between us, We are prepared to send our Assistant Manager, Mr. Tanakaki, and two experts to China to call on you in person, so that problems can be settled on the spot, and an agreement can be reached at an early date.
We await with keen interest your comments and sincerely hope that our proposed talk will yield fruitful result to our mutual advantage.
Letter 81Arranging Face-to-Face Talk on Joint Venture
We thank you for your letter of October 28 in which you proposed to send your Assistant Manager and experts to Nanjing to have a face-to-face talk with us on the subject of joint venture.
We have informed the prospective Chinese partners of your intention and they have told us that they welcome your personnel to Nanjing for talks on the matter.
In order to enable you to have a clear understanding of China’s Joint Venture Law, we take pleasure in enclosing a copy of the Law together with a reference copy of the joint venture agreement for your perusal. Please go through these documents to see whether there are any questions you wish to ask at the time of negotiation in person. Other concerned laws and regulations enacted by the Chinese government will be handed to your representatives when they are here.
Please let us know when your manager will come to Nanjing.
Letter 82Proposal for a Wholesale Joint Venture
Earlier this year we were very pleased to have you with us in Melbourne, and discuss ways and means of developing the piece goods business.
Among other items we proposed entering the wholesale business as a means of expanding exports and were pleased to learn recently from your office that your Corporation is willing to consider joining hands with us in such a venture.
We therefore take this opportunity to send you herewith a memorandum on the subject as enclosed. It is merely a broad outline intended as a starting point for more detailed discussions between us.
Our manager and I would be pleased to visit Beijing, say from the 2nd to the 5th February, to discuss matters in detail with officials from your head office. If the suggested timing of our visit is not suitable, we shall be glad to change it to a more convenient time.
We hope that our detailed discussions in Beijing will result in the signing of a provisional agreement during our visit.
We look forward to your comments.
Letter 83Memorandum on Wholesale Joint Venture (I)
WHOLESALE JOINT VENTURE IN AUSTRALIA BETWEEN PANDA CORP. AND COLLINS PTY. LTD.
With a view to expanding Chinese TV sets exports to Australia, Collins ( hereinafter referred to as Party A ) and Panda Corp. ( hereinafter referred to as Party B ) have agreed to set up a joint venture company in Australia, with Collins holding 70% of the shares and Panda Corp. 30%. The joint venture company will be the dedicated wholesaler of Chinese TV sets in the Australian market.
1. Business Activities
The joint venture company will operate as importers and wholesalers of TV sets and other electric appliances from the People’s Republic of China.
2. Structure of Joint Venture Company
Share holding Authorized capital
Collins 70% AUD 700,000
Panda Corp 30% AUD 300,000
(to be continued)
Letter 84Memorandum on Wholesale Joint Venture (II)
3. Name and Registration of Company.
Name: Collins Panda PTY. LTD.
Registration: To be registered in the state of Victoria, Australia.
Commencement date suggested: 1 January 2001.
The Board of Directors will be structured according to share holding –3 directors to be appointed by Party A and 2 by party B. It is suggested that the board have a rotating Honorary Chairman.
5. General Business laws
The joint venture company will function in Australia according to the laws set down by Federal and State Governments for taxation and general business.
This agreement will be valid for ten (10) years to be renewed six (6) months prior to its expiry. If at any time Parties A or B consider it necessary and in the best interests of the company to sever this agreement they shall do so.
Letter 85Reply to Memorandum on Wholesale Joint Venture
We were very pleased to receive your letter of October 12 and the enclosed memorandum with detailed proposals on the subject.
We have studied your memorandum carefully and would like to respond to your proposals as follows:
1. The memorandum is generally acceptable and may serve as a basis for further discussions.
2. We suggest the inclusion of two more clauses:
1) SETTLEMENT OF DISPUTES
Any dispute arising from the execution of, or in connection with the agreement shall be settled through friendly consultations between the two parties. In case no settlement can be reached through consultations, the disputes shall be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade in Beijing for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties.
2) This agreement is subject to ratification by the authorities of both parties.
We look forward to welcoming you to Beijing and discussing matters in detail from the 2nd to the 5th November and hope that a provisional agreement can then be signed.
Letter 86Confirmation of the main Points inJoint Venture Discussion
We are pleased that during our discussions last week we reached an agreement on the proposed joint venture in Australia. Before drawing up the formal contract for signature we should like to confirm the main points upon which we have agreed, namely:
1. That Panda and Collins enter into a wholesale joint venture in the State of Victoria.
2. That Panda holds 30% of the shares and Collins 70%.
3. That Collins undertakes to establish warehouse facilities in Melbourne.
4. That the joint venture is to be registered to operate also in the State of New South Wales.
5. That all profit, losses, costs and liabilities will be prorated according to the share-holding of each party.
6. That any disputes in connection with the joint venture agreement which cannot be settled by consultation shall be referred to arbitration by the CCPIT Arbitration Commission, whose award being final and binding upon both parties.
7. That the agreement is subject to ratification by the two government authorities.
Upon receiving your letter of confirmation we will arrange for the contract to be drawn up and sent to you for signing.
Letter 87Compensation Trade (I)
If you refer to the previous correspondence exchanged between us, you will find that we had several satisfactory dealings in Textiles during 1995—1997, but later we failed to maintain communication with you.
We hasten to write you this letter in the hope that our relations will be resumed and strengthened.
We have now received an enquiry from our old friendsin Europe for large quantities of men’s poplin shirts, which are to be manufactured according to the design, material and needlework desired by them. To give you some idea of what our clients require, we are sending you by separate mail a sample of the shirt.
Upon receipt, please examine the sample thoroughly and let us know if you are in a position to manufacture. If so, we shall appreciate receiving your counter sample for our consideration, together with your lowest quotation, CIF European Main Ports, stating mode of packing and time of delivery, etc.
You will notice from our sample that the shirt was sewn with a new type of sewing machine, the stitches being not only neat and fine but attractive as well. Our clients in Europe are very particular about the quality of the shirts to be supplied, and we wonder if your sewing machines are good enough to produce such results. If not, we are thinking of supplying you with this new type of sewing machine. The cost of the machines may be repaid by resultant products, and the whole transaction can be carried out under compensation trade arrangements.
Please give our enquiry your consideration and let us have a detailed reply at your early convenience, on receipt of which we shall go further into the matter.
Letter 88Compensation Trade (II)
Thank you for your letter dated September 16, 2000 and your sample of the men’s poplin shirt, both of which reached us yesterday.
The moment your sample reached us, we approached our manufacturers about your enquiry, who informed us that the sewing machines they are using are good enough to sew the shirts you intend to order. However, in order to display their excellent skill, they are making a counter sample, which we will airmail to you within a couple of days. When you see our counter sample, we hope you will be satisfied with the design, material and quality, particularly the stitches sewn with our manufacturers’ machines,. But should you find the stitches not so desirable as you hope for, please do not hesitate to let us know. We shall consider importing a new type of sewing machine from you under compensation trade arrangements.
We highly value your enquiry and, with an eye to future cooperation, we have asked our manufacturers to keep their prices as low as possible so as to put this business through as a friendly gesture for a long-term cooperation.
With regard to the new type of sewing machine suitable for making poplin shirts, we have not yet decided at present to make purchases but would suggest that you immediately send us catalogues and price lists so that we may consider this matter well in advance. Thus, no time will be wasted if we find such purchases necessary.
We await your reply with interest and sincerely hope that concrete business can be concluded as soon as possible, for our manufacturers are likely to be heavily committed when the summer season comes.
Letter 89Compensation Trade (III)
Please accept our thanks for your prompt response to our letter dated September 25 in connection with the above subject. We have also received your counter sample of the men’s poplin shirt.
Having carefully examined the counter sample, we find everything satisfactory except for the stitches, which are not what we expected. We attribute this shortcoming to the old type of sewing machine being used by your manufacturers. We feel sure this problem can easily be solved if a new type of machine is installed.
As requested, we enclose a catalogue and a price list for Model AS –348 Sewing Machine produced by Messrs, Juki & Co., Hongkong. They have in stock 91 machines which can be shipped to you promptly. This is the very machines suitable for making our poplin shirts, and the present price is HK $ 15,000 each FOB Hongkong, which we can assure you is the lowest obtainable.
Please fax us as soon as possible if you are interested in these machines, and in the meantime let us have your best offer for the poplin shirts based on our order of 2,000 to 2,500 dozen per month. On receipt of your reply to our offer of the sewing machines and your quotation for the shirts, we shall try our best to conclude the two deals as one package under compensation trade arrangements.
We thank you in advance for an early reply and assure you of our full cooperation at all times.
Letter 90Compensation Trade (IV)
We acknowledge with thanks receipt of your letter of October 7,2000 quoting us your price for 91 sewing machines of Model AS—348 @ HK $ 15,000 each FOB Hongkong. While we thank you for this offer, we find that your price is about 5% higher than that offered by other exporters in your city. If you can see your way to reduce your price to the same level as your competitors’, we are willing to place our order with you so as to conclude the deal on the basis of compensation trade. Please let us have your decision as soon as possible.
Referring to your order for men’s poplin shirts, our manufacturers have just called on us and, through our mutual consultation, we now take pleasure in quoting you the following:
1. Men’s poplin shirts to be manufactured according to the design, material and needlework as per your sample submitted and to be sewn with the sewing machines supplied by you: @ HK $ 352 per dozen CIF European Main Ports, based on the quantity of your order of not less than 2000 dozen each month. Our prices and other terms for your future orders are to be discussed and specified in detail on each occasion.
2. Packing : Half a dozen packed to a cardboard box; six dozen to a carton.
3. Delivery: 2000/2,500 dozen to be delivered monthly.
It is essential for you to rush your acceptance without any delay, as our manufacturers may find it necessary to raise their prices soon owing to the increase in the cost of raw materials.
Your early reply will be highly appreciated.
Letter 91Compensation Trade (V)
We have just received your letter of October 19, 2000 concerning our offer of 91 sewing machines and your quotation of men’s poplin shirts.
As a sign of our sincere cooperation with you to the fullest, we have decided, as an exceptional case, to accept your request for 5% reduction off our original price of HKD15, 000 each for the 91 sewing machines. We made this special concession on condition that this deal is to be concluded in combination with your offer of men’s poplin shirts as one package under compensation trade arrangements.
We find your offer of the shirts not attractive enough but with a view to starting some substantial business with you at an early date, we have accepted your quotation of HKD352 per dozen CIF EMP.
Now the two transactions have been finalized, and we expect to receive your confirmation by return.
We are pleased to inform you that our sales manager will be visiting Shanghai within the next few days to attend a mini-fair. While in Shanghai, she will call at your office to discuss in detail the terms and conditions of this compensation trade agreement. Please have the draft of the compensation trade agreement drawn up well in advance so that when she calls she can sign the agreement forthwith if no rectification to the agreement is necessary.
Our sales manager is looking forward to meeting you in Shanghai soon and hopes that everything will go on smoothly.
Letter 92Agreement on Compensation Trade (I)
This Agreement is entered into on November 15,2000 by and among Jiangsu Garments Import & Export Corporarion (hereinafter called Party A), Renald Garland & Co., Ltd., Hongkong (hereinafter called Party B) and Jiangsu Shirt Factory (hereinafter called Party C), whereby the three parties agree to conclude the following compensation trade under the terms and conditions set forth below:
1. After friendly discussions with Jiangsu Shirt Factory, Party A agrees to supply man’s poplin shirts to Party B from January 2001 2,000 dozen to 2,500 dozen each month, or 24,000 dozen to 30,000 dozen each year,. The aforesaid goods shall be manufactured by Party C for Party B with machines supplied by Party B. Party B guarantees to place orders with Party A for approximately the above stated quantity each month. During the period from 2001 to 2005, Party A shall give priority to the orders from party B for shirts as mentioned above provided that Party B advises party A of its requirements half a year in advance, failing which Party A shall not reserve the productive capacity for Party B.
2. In order to raise the quality of the products, Party B agrees to supply Party A with 91 sewing machines manufactured by Juki & Co., Hongkong (for details see the attached list) amounting to HK $ 1,296,750 plus freight and interest at 5% per annum. Party A shall settle the amount by installments before the end of December 2001,by deducting it from the total value of the shirts to be supplied to Party B.
(to be continued)
Letter 93Agreement on Compensation Trade (II)
3. Party B shall guarantee that the machines to be provided are in accordance with Party C’s requirements and specifications. If there is any problem in the performance of the machines, Party A shall have the right to claim against party B for any loss or losses to the extent of Juki’s responsibility based on its warranty.
4. Party B shall notify the Juki people to join in supervising, the installation and repair of the machines.
5. Party B shall have the right to inspect the quality of the shirts in the course of manufacturing and if any quality problem is found, Party B should advise Party A to make rectification immediately.
(to be continued)
Letter 94Agreement on Compensation Trade (III)
6. The price and other terms shall be specified in detail in each contract when it is concluded.
7. Any complaints or disputes in connection with this Agreement or the execution thereof shall be settled amicably through friendly negotiation.
8. This Agreement shall become effective as soon as it is signed by the three parties. The validity of this Agreement for the acquisition and financing of the equipment is for one year only from January 2001 to December 2001 while all other provisions of this Agreement are valid for a period of five years, starting from January 2001 to December 2005. This Agreement is renewable for a further period upon mutual consent after consultation among all parties concerned.
Nanjing, November 15,2000
Jiangsu Garments Import & Export Corp.
Renald Garland & Co., Ltd.
Jiangsu Shirt Factory
Letter 95Assembling with Supplied Parts and Components
Your Vice President had several pleasant and fruitful discussions with us about assembling refrigerators while he was in Guangzhou in October this year. Now we wish to mention the following four points as supplements to the previous discussions.
1. With the components, auxiliary materials, and necessary equipment and tools supplied by your company, we shall assemble 26,000 refrigerators within a period of three years, namely, 8,000 domestic refrigerators and 2,000 industrial refrigerators to be assembled within the first year (1996),10,000 domestic refrigerators and 3,000 industrial refrigerators to be assembled in the second and the third year respectively.
2. All the finished products will bear a neutral brand. 60% of the finished products will be shipped to Hongkong and 40% to Sydney. Shipment of the products is to be effected once half a year. All the shipping expenses will be for your account.
3. Payment for the assembling fee and shipping expenses is to be made by sight L/C to be opened by you not later than 30 days before the shipping schedule.
4. In case there arise some disputes which couldn’t be solved, it is necessary to state an arbitrator which can settle such disputes, Unless otherwise agreed, contracts are commonly governed by the laws of our country.
Please give the above points your careful consideration.
Letter 96Processing According to Supplied Samples
Thank you very much for your letter of August 2 enquiring about the possibility of manufacturing Leather Bags according to your samples.
We are pleased to inform you that we have been doing business of processing according to supplied samples and processing with supplied materials for years, in addition to our ordinary import and export transactions. Our leather products are superior in materials and excellent in workmanship, and we have won the confidence of customers abroad in our commercial integrity.
As to prices, we find it difficult to work out an exact price before receiving your samples and knowing the quality of your order. Therefore, please inform us of the quarterly or yearly quantity we may expect from you, as the quantity of your order will be an important factor in pricing.
We assure you of our close co-operation at any time and look forward to receiving your samples at an early date.