Resort to arbitration 诉诸仲裁
A: Last May we bought 500 tons of red beans fromyou, but there was a shortage of 30 tons. Accordingto what you requested, we supplied all thedocuments necessary, but the problem has not beensettled yet. It's still pending.
B: You said you had two problems to clarify withus. What's next?
A: We also concluded a transaction of mung beans as the second lot. The goods should havereached us last June. The shipping date has been delayed several times. As far as I know, thisshipement has not been effected. Now the marked price for mung beans has fallen sharply andour buyer has changed his mind. He doesn't want the consignment.
B: Well, Mr. King. First, I'd like to point out that the shortage you allege is not a real shortage.The loss you sustained could only be the loss resulting from empty space. I think you stillremember that more or less allowance stipulated in the contrast could be as much as 5%. Soin fact we're only 5 tons short. As for the second delay, I'd like you to recall what you havedone about the L/C establishment. We urged you several times to open the L/C, but yousimply ignored us. We had no other choice but to set the beans at a much lower price. We'llhave to ask you to pay for our damages.
A: But we've had the L/C opened at last.
B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is nowinvalid. To effect the delivery is out of the question. You're breached the contract and allsubsequent actions will be invalid.
A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?
B: It's ridiculous to mix up these two cases. If you are not sincere in handling these problems,we'll have to submit them for arbitration.
A: If you insist, I've no other way out.