NOTES: As you can see it is the second phase of business correspondence — the answering letter. It is very important, because it adjusts the relationships between two partners. It does not only characterize the company, but also advertises it. The purpose of the letter is to persuade the partner that you are the best in business.
This letter contains the quotation in reply to an in quiry. In lots of similar letters the quotations are sim ply prices and another information asked for. But this sample is quite the opposite: it shows the customer that he met the sales-caring businessman, who uses every opportunity to stimulate his correspondents in terest in his goods by including the sales message. And between the lines we can read the assurance that the customer will receive personal attention. In order to draw the attention of the customer to the products in question the supplier offers «cuttings of our materials and a colour chart». On the whole a firm offer is sub ject to certain conditions, a deadline for the receipt of orders, or a special price for certain quantities.
Sum up the exchange of the letters.
Phone and discuss the enquiry on behalf of the manufacturer.
ORDERS
Orders are usually written on a company's official order form, which has a date, and a reference number that should be quoted in any correspondence which refers to the order.
The advantages of order forms are:
such forms are pre-numbered and therefore reference is easy;
printed headings ensure that no information will be omitted.
Printed on the back of some forms are general conditions under which orders are placed. Reference to these conditions must be made on the front, otherwise the supplier is not legally bound by them.
Smaller companies may not have printed forms but instead place orders in the form of a letter. When sending an order by letter, accuracy and clarity must be ensured by including:
an accurate and full description of the goods required
catalogue numbers
quantities
prices
delivery requirements (place, date, mode of transport, whether the older will be carriage paid or carriage forward, etc.)
terms of payment agreed in preliminary negotiations.
Even if the order is telephoned, it must be confirmed in writing, and an order form should always be accompanied by either a compliments slip or a covering letter. A covering letter is preferable as it allows you the oppor tunity to make any necessary points and confirm the terms that have been agreed.
In the covering letter you may not want to make all the points listed but it is better if you mention the method of delivery and payment, insurance and packing, special documents (such as Certificate of Origin, Invoice).
After the order has been received, and its receipt acknowledged it is first checked to see whether it is correct and whether it agrees with the original quotation. If the order is for future delivery it is entered into order books of the firm; orders which can be executed from stock are passed I the warehouse.
In many cases, however some difficulty or other may arise: goods may be out of stock, a customer may ask for special terms or for extension of credit, delivery dates may have to be adjusted or references to be taken up in case of a new customer. In all these cases special correspondence is necessary and the execution of the order may be held up until these points have been cleared.
The arrangement between the Supplier and the Buyer is not legally binding until the Supplier has accepted the order. After that both parties are legally bound to honour their agreement.
When a binding agreement comes into force, the Buyer is required by law to:
Accept the goods supplied as long as they comply with the terms of the order.
Pay for the goods at the time of delivery or within the period specified by the supplier.
Check the goods as soon as possible (failure to give prompt notice of faults to the Supplier will be taken as acceptance of the goods).
The supplier's obligations
The Supplier is required by law to:
Deliver the goods exactly as ordered at the agreed time.
Guarantee the goods to be free from faults of which the Buyer could not be aware at the time of purchase.
If faulty goods are delivered, the buyer can demand either a reduction in price, a replacement of the goods or cancellation of the order. Damages may possibly be claimed.
Questions:
Where is an order usually written?
Can an order be telephoned? Should it be confirmed in any way then?
What points should you mention in the covering letter?
What is the procedure after the order has been received?
What are the Buyers' and the Suppliers' obligations?
Example 3. Enquiry and order
A business transaction often starts with an inquiry which may later be followed by an order.
Both inquiry and order are meant to arose and stimu late business activity on the part of recipient. They are typically asking letters. Orders express the writ er's intention to do business with his correspondent, usually to buy some goods from them.
Airport of Domodedovo
Domodedovo area
Moscow region
Russian Federation
142015
Garment factory
Customs officers' Clothing
306, Pererva Street
Novosibirsk
R F
961500
4 Nov. 2010
Gentlemen:
Thank you for your quotation of October 30. We have pleasure in placing an order with you for 1,900 suits at Price: 3.745 rubles in the colours and sizes speci fied below:
Quantity
|
Size
|
Colour
|
Quantity
|
Size
|
Colour
|
0
|
8, 16
|
white
|
0
|
10,12,14
|
red
|
0
|
10,12,14
|
white
|
0
|
16
|
yellow
|
50
|
8,16
|
green
|
0
|
10,12,14
|
yellow
|
100
|
10,12,14
|
green
|
50
|
16
|
black
|
0
|
8,16
|
red
|
100
|
10,12,14
|
black
|
We shall open a letter of credit with your bank as soon as we receive your order acknowledgement. Please arrange for immediate collection and transport since we need the suits for New Year.
Yours truly,
P.Zernov
P. Zernov
HR manager
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NOTES: It is an import order, and, as we can no tice, placing orders is simple from the point of view of letter writing. The fact is that usually the purchas ing department or the buyer fills in an order form. But in this case the correspondent prefers to write a letter in order to make certain points quite clear. There are special import regulations which are touched upon in the last paragraph: it is necessary to complete for malities and to stress delivery instructions.
It should be mentioned here that the supplier must send order acknowledgement as an answer to order promptly to thank his customer for the order and to confirm it.
If some conditions have changed, the customer must be notified. In case the goods ordered are no longer available, a substitute may be offered.
Example 4. The advice of dispatch
This advice of dispatch follows the order acknowl edgement.
Garment factory
Customs officers' Clothing
306, Pererva Street
Novosibirsk
R F
961500
Airport of Domodedovo
Domodedovo area
Moscow region
Russian Federation
142015
20th November, 2010
Dear Sirs:
We have pleasure in notifying you that your credit was confirmed by our bank yesterday, 19th Novem ber. We have had the 1900 suits collected today for transport by Delta Airlines to Moscow on 25th No vember.
Enclosed is our invoice for the goods in question plus the extra charges for air freight, packing list to facilitate customs clearance at your end, certificate of origin, air waybill and insurance policy.
Hoping that this initial order will lead to further business, we are.
Yours faithfully,
DA Lavrova
D.A. Lavrova
Sales Manager
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NOTES: The first thing to be done before writing such a letter is to examine carefully whether the part ners account is valid or not. So in the first paragraph we come across the phrase «your credit was confirmed by our bank yesterday». Air shipment for dresses is also mentioned here.
The next paragraph deals with the documents which are necessary while importing goods: invoice, packing lists, certificate of origin, air waybill and insurance policy. As it is the initial order by Airport of Domodedovo, the Garment factory (Customs officers' Clothing) hopes to encourage them to place further orders, so their last phrase sounds very polite.
Sum up the exchange of the letters.
Phone the Buyers and tell them that you have received their order and welcome the prospect of their custom. Enquiry if it would suit them to have the goods delivered by air.
CLAIMS
No matter how good our intentions and efforts might be there are bound to be occasions when it is necessary to deal with a complaint, or even make one.
Complaints are often received by companies who ship consignments road. These complaints are sometimes about the quantity of goods received. Perhaps not enough goods were sent, perhaps too many. And sometimes it is a complaint that the wrong goods were sent.
Often there are complaints about inadequate packing, which can cause damage to the goods. Sometimes the complaint is about inferior quality. Buyers in this case often complain that the goods are not up to standard. There may be a discrepancy between the description of the s in the brochure and the goods, which actually arrived. A complaint may be about a delay in shipment, although companies often have a penalty clause in their contract to protect them against loss delay.
Complaints about damage are usually the business of insurance companies, but if the damage is caused by the negligence of the packers then the insurance companies will not accept responsibility. When there is a complaint that the wrong goods were sent, or too any, or too few then it is always necessary to check the packing list for cases, as well as the invoice. Then the agent must investigate what happened. The goods may still be at the port of loading. But the buyer cannot wait for the agent's report. He usually insists on replacements as n as possible.
Bad, inferior or inadequate packing may cause damage to goods in transit. The buyer may accept damaged goods if the supplier offers a discount, but if the goods are badly damaged they may be unsaleable and in case the buyer will demand replacements.
If the delay is very long the buyer may cancel the order, and there у be great loss to both suppliers and buyers.
Sellers most frequently make claims on Buyers because of default payment.
It should be a point of honour with a firm never to blame employees when writing replies to complaints: the firm has undertaken the work and the staff are part of the firm, therefore the firm itself is at fault and must take the consequences.
It would be wrong policy to reject the claim off-hand. The responsible party must carefully explain why the claim is de clined and try to persuade the dissatisfied party to withdraw the claim If the contract is infringed and the parties in dispute cannot reach mutual understanding, i.e. cannot settle the matter amicably then commercial disputes are settled by arbitration. When the parties refer their disputes to the Arbitration Commission each party chooses arbitrator from among the members of this Commission. If the arbitrates fail to come to terms they appoint an umpire, another member of the same Commission.
Then the case is heard before a tribunal comprising two arbitrators and one umpire. The award is made by a majority vote.
The award of the Arbitration Commission is final and binding upon both parties.
Questions:
What complaints can the Buyers make against the Suppliers?
What may happen if there is a discrepancy between the goods ser and their description on the invoice?
Who usually deals with complaints about the damage to the goods?
In what case do insurance companies refuse to compensate for the damage?
What should the Suppliers do if there is a complaint about delivery of the wrong goods?
When can a contract be cancelled? Who is to recompense for the losses?
When are cases settled in arbitration?
VOCABULARY
claim
to acknowledge, admit a claim
to make a claim on/against sb for sth
to settle a claim
to submit a claim to
to reject a claim
to withdraw a claim
justified, well-grounded claim
unjustified, groundless claim
to claim compensation for the loss/to claim damages
to cause damage to the goods
the goods are up to standard
substandard/faulty goods
Compare: damaged, defective goods
discrepancy
penalty clause
negligence
through sb's negligence
to accept/take responsibility
racking list
in transit
default of/in payment
to undertake
to undertake the work
to undertake to do sth
thе firm itself is at fault
responsible party/ respondent, defendant
dissatisfied party/plaintiff, claim ant
to infringe/break a contract infringement/breach of a contract
gross infringement
to reach mutual understanding
dispute
to settle a dispute by arbitration
to settle a dispute amicably (in an
amicable/friendly/way)
to refer a dispute to arbitration/
the arbitration commission
arbitration
arbitrator
umpire
to come to terms/to come to an agreement/arrangement/to agree on
the award of the arbitration com mission is final and binding upon both parties
the award is made by a majority vote
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претензия, рекламация, иск
признать законность претензии, иска
предъявить претензию кому-л. на что-л.
урегулировать претензию
передать претензию кому-л.
отклонить рекламацию
забрать, отказаться от своей пре тензии
справедливая, обоснованная пре тензия
несправедливая, необоснованная претензия
требовать возмещения убытков
вызвать повреждение товара
товар соответствует, отвечает стандарту
некондиционный товар
поврежденный, дефектный товар
несоответствие
пункт о штрафах
халатность, недосмотр
по чьей-л. халатности
взять на себя ответственность упаковочный лист
в пути
отказ от уплаты, невыполнение (денежных) обязательств
предпринимать, брать обязатель ства
браться за работу/поручение
взять обязательства сделать что-л.
фирма сама виновата
сторона ответчик
неудовлетворенная сторона, ис тец
нарушить контракт
нарушение контракта
грубое нарушение
прийти к взаимопониманию
спор, конфликт
решить спор в арбитраже
решить спор дружески
передать спор в арбитраж
арбитраж, третейский суд
арбитр
суперарбитр
договориться, прийти к соглаше нию
решение арбитражной комиссии окончательно и обязательно для обеих сторон
решение принимается большин ством голосов
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