協(xié)商解決貨物短重和未發(fā)貨問(wèn)題

今天的這段對(duì)話，在討論仲裁，

協(xié)商解決貨物短重和未發(fā)貨問(wèn)題

來(lái)聽今天的講解:

A: Last May we bought 500 tons of red beans from you, but there was a shortage of 30 tons. According to what you requested, we supplied all the documents necessary, but the problem has not been settled yet. It's still pending.

去年五月，我方從您處購(gòu)買500噸紅小豆，竟然短重30噸。按照貴方要求，我們提供了所有必要的單據(jù)，但是問(wèn)題至今也沒有解決。

B: You said you had two problems to clarify with us. What's next?

您說(shuō)有兩個(gè)問(wèn)題要澄清，下一個(gè)問(wèn)題是什么？

A: We also concluded a transaction of mung beans as the second lot. The goods should have reached us last June. The shipping date has been delayed several times. As far as I know, this shipement has not been effected. Now the marked price for mung beans has fallen sharply and our buyer has changed his mind. He doesn't want the consignment.

我們還成交了一筆綠小豆，作為第2批貨。貨應(yīng)與去年6月份運(yùn)抵我處。船期一拖再拖。據(jù)我所知，至今尚未發(fā)貨。綠小豆市場(chǎng)價(jià)格急劇下跌，我們的買主改變了主意，他不想要這批貨了。

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 still remember that more or less allowance stipulated in the contrast could be as much as 5%. So in fact we're only 5 tons short. As for the second delay, I'd like you to recall what you have done about the L/C establishment. We urged you several times to open the L/C, but you simply ignored us. We had no other choice but to set the beans at a much lower price. We'll have to ask you to pay for our damages.

好，金先生。首先，我得指出，您所謂的短重不是真正意義的短重。你們所受的損失只是由于空倉(cāng)所致。我想您還記得合同規(guī)定的溢短裝數(shù)量吧，可以高達(dá)5%。所以我們實(shí)際上只短裝了5噸。關(guān)于延期發(fā)運(yùn)第二批貨的問(wèn)題，我希望您能自己會(huì)想一下貴方是如何對(duì)待開信用證的。我方曾多次催促貴方開證，可貴方置若罔聞。我方?jīng)]有別的選擇，只好降貨低價(jià)售出。我們得要求貴方賠償損失。

A: But we've had the L/C opened at last.

我們最終還是開證了。

B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is now invalid. To effect the delivery is out of the question. You're breached the contract and all subsequent actions will be invalid.

的確是開了，但問(wèn)題是貴方早已過(guò)了規(guī)定的開證日期，已經(jīng)失效了。發(fā)貨是不可能的了。你們首先違約，以后所有的行為均為無(wú)效。

A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?

我們違約，貴方短缺貨物，這兩件事相互抵消怎么樣？

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.

把這兩件事混為一談，太荒謬了。如果您沒有誠(chéng)意解決問(wèn)題，我們只好去仲裁。

A: If you insist, I've no other way out.

如果你們堅(jiān)持這么做，恐怕我也沒有辦法了。