Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
Telephone. 555- 1235
Fax 555- 1237
June 24(th), 2002
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Dear sir,
We estimate that there may be as many as six machines on the market, which can package dry bulk into retail packages ranging from 500g to 1kg. The machine is expected to use all kinds of products, whether it is fine products such as coffee or flour or coarse products such as beans or rice. I wonder if you can offer it to us, including price and delivery terms. Price and timely delivery will be an important part of the purchase decision.
Hereby,
(signature)
Donald swan
Engineering Management
The claimant's second exhibition
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Telephone. 487-23 14
Fax 487-2320
July 3(rd), 2002
Mr David swan
Engineering Management
Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
Dear Mr. Swan,
Thank you for your inquiry of June 24, 2002. We, because you undoubtedly know the Prime Minister's equipment manufacturer in the food packaging industry. China's packaging machinery has always satisfied our customers completely.
As you said, if you plan to use a machine to produce a variety of products, you will want to buy a screw feeder. You need to cultivate excellent products. Augers and feeders can also be used to package rough items, such as beans or rice, but they are slower than weighers in many aspects. There is no doubt that you know that multi-head scales are very expensive screw feeders. I can provide you with six models of 16 screw feeder. This is our latest model introduction. This year, it has always been every customer's favorite. The price is $75,000 per set. Due to the huge demand, we will deliver the goods in two months.
There is another possibility, that is, it can better meet your needs, deliver quickly, and yearn for a good price. I can provide you with six models of 14 spiral feeding packaging machine. This model was first introduced in 2000, and it is also one of our top products. It has stopped supporting demonstration 16, but I believe you will be very satisfied. Because it's a stop model, I can give you a special price of $65,000, with at least 6 machines for immediate shipment. We only have a limited quantity, so if you are interested, I encourage you to hurry.
You will find a closed copy of our general conditions of sale. You should pay special attention to all FOB sales or FOB sales (General Rule 2000). Of course, we'll be happy to arrange delivery for you. It can be estimated that the freight is $65438 +0000.
I look forward to receiving your order.
Hereby,
(signature)
Stefan Drake
salesman
Medical machinery co., ltd
General conditions of sale
International market sales
(Excerpt-only relevant clauses are reproduced)
3 。 If the goods need to be shipped by sea, all quotations are FOB; If the goods need to be transported by land or air, all quotations are in the frontier closed area. (General principles for 2000)
4 。 The price of all international contracts exceeding $50,000 must be paid by opening a first-class bank in South Africa and the Mediterranean, which is beneficial to medical machinery, commercial and industrial banks.
* * *
15 。 Any dispute arising from or related to this contract, including any question about the existence, validity or termination of this contract, shall be submitted to Vendobona and Danube River for final settlement through arbitration. According to the arbitration rules, the time of Singapore International Arbitration Center ("Arbitration Center Rules") is considered for reference only.
The court is composed of three arbitrators.
The applicable law of the contract is the United Nations Convention on Contracts for the International Sale of Goods (Article). Not all of these rules are considered appropriate by international commercial law. The arbitration language shall be English.
Claimant's evidence no.3.
Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
Telephone. 555- 1235
Fax 555- 1237
July 2002
Mr Stefan drake
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Are you interested in July 3rd, 2002?
Dear Mr. Drake,
Thank you for your quick answer to my inquiry. The contract is our expectation, we need more equipment, and it has been signed. Therefore, it is urgent to provide new packaging machinery in time.
Therefore, I have the right to order you to demonstrate the installation of 14 at the age of six. We would appreciate it if you could arrange delivery to us. The letter of credit of $430 million is beneficial to American medical machinery, and the company will open the payment with Equatorial Bank to Mediterranean Industrial and Commercial Bank.
Please let me know if there is anything further that you need me to deliver.
I'm still
Hereby,
(signature)
Donald swan
Engineering Management
Claimant's evidence no.4.
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Telephone. 487-23 14
Fax 487-2320
July 24(th), 2002
Mr David swan
Engineering Management
Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
facsimile
Dear Mr. Swan,
I'm glad to tell you about yesterday.
Regarding the position you inquired about, you ordered 6 14 spiral feeding dry goods packaging machines, which are sea freight. Express freight forwarder, this is the freight forwarding company of the company. We use international freight and have informed me that they expect to pick up the plane and load it into a container next Monday. The ship should set sail later this week. As long as we have the bill of lading in this process, we will ask for payment by letter of credit, so that when the ship arrives, you will have all the documents needed for unloading and customs clearance.
I want to say again that we are happy to serve you.
Hereby,
(signature)
Stefan Drake
salesman
Claimant's evidence no.5.
Witness testimony
Mr Donald tsang
Engineering manager of Equapack company
My work manager Equapack Company Equapack Company is another company that packs all kinds of goods. In the past, a small part of the business was packaging goods, almost all of which were large-scale retail packaging of beans. It is no longer an important part of our business. As an engineering manager, I have been responsible for supervising the firmness in the packaging process. In June, 2002, we received an investigation from Equatoriana, a chain retail food store named A2Z Company, whether it was possible to package various bulk commodities into packages ranging from 500g to 1kg. The amount they are interested in is far beyond our ability. Therefore, on June 24, 2002, I wrote an article about medical machinery in South Africa. I knew that I was a packaging machinery manufacturer we needed and had a good reputation.
Mr. Stefan Drake, a salesman of medical devices, provided us with 6 models 14 spiral connection packaging machines, and the price was very reasonable. The price is reasonable, because this model 14 has stopped supporting their model 16. We are not worried that the machine will provide a stop mode. The most important thing is that we are machines, and the price provided immediately is reasonable. At that time, we signed the contract, A2Z, and we are obliged to start packing for them in a short time. So, in July 2002 12, I wrote Mr. Drake that we would buy their machines. Although the contract is FOB, the medical equipment is handled by us. I hope to hear from Mr. Drake in a few days, telling me when the machine will be shipped or when we can receive it. As I haven't heard of him, I called Mr. Drake on July 23rd, 2002. He said he was not sure, but he would find it as soon as possible and let me know. Mr. Drake didn't send me a fax. The next day, he said in the letter that the machine was ready for shipment, and they would choose to have it consigned by the freight forwarder next Monday. In my conversation with Mr. Drake, I told him that A2Z wanted us to pack all kinds of products, including salt. Whether Equapack and I had experience in packaging salt in the past or not, we didn't realize that salt was so corrosive that special machines were needed. Mr drake didn't respond. I told him about the packaged salt, but I'm sure you didn't tell me. If we use this machine to pack salt, it will soon become unusable. Mr. Drake didn't mention it in the fax. It should confirm what we just said, because I think the conversation between Mr. Drake was recorded by medical equipment. At least, before I asked for a recorded message, someone answered the phone and said it might be a phone record to ensure customer satisfaction. If they sell us ordinary machines, customers will be more satisfied.
(signature)
2003 10 month
Claimant's evidence no.6.
Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
Telephone. 555- 1235
Fax 555- 1237
2002 10 month
Mr Stefan drake
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Dear Mr. Drake,
This is to confirm what I told you on the phone yesterday. In my letter of June 24, 2002, I inquired about the possibility of purchasing packaging machines from medical equipment. I wrote that the machine is expected to use various products, regardless of thickness. In your letter, you replied to my investigation on July 3, 2002. You said we need a screw feeder because it can pack thick and thin goods. You didn't say what products you had, and your machine told you not to use them. When I called you on July 23, 2002 to inquire about the delivery date, I specifically told you that the machine used for packaging products was salt. You didn't tell me that machines can't be used to pack salt. Besides, when you answered the survey by telex the next day, you didn't even mention salt.
We can't use machines. We can hardly use them. When there is enough corrosion to block the product and cause power failure, we try to package any product. Before reaching this stage, corrosion can not properly clean the surface, which is a serious problem when handling food.
If you want these machines, they are yours, and we will be very grateful if you can arrange them. We will have to buy replacement machines from other sources, and we need space. In addition, we hope you can repay our price and all other expenses, which led to our failure.
Hereby,
(signature)
Donald swan
Engineering Management
Claimant's evidence no.7.
Medical machinery co., ltd
4 15 industrial plaza
Mediterranean parliament city
Telephone. 487-23 14
Fax 487-2320
June 27, 2002 +65438
Mr David swan
Engineering Management
Pingdeng packaging company
345 commercial avenue.
Equatorial seashore
Your 10 2002 10/0/9
Dear Mr. Swan,
I can only say that I'm sorry that you bought Equapack 14 spiral feed packaging machinery from us.
As I told you on the phone, salt is a very special project. This is highly corrosive. All our documents and our website clearly show that the machine has built-in packaging salt, which is our model 17 and is made of advanced stainless steel. These machines are quite expensive compared with those used to package all other products. Since salt is a special product, we will not and cannot assume that the customer intends to package it unless we are told to be specific. When you don't do this, order our machines.
You must insist that you told me that you would use the machine to load salt. You call me and ask, and the machine will deliver the goods. You're not very specific, to say the least. Even so, I didn't tell you that the 14 machine can't be used for salt. You want the best price in the machine, we can provide it for you, which is why I suggest to show you the 14 machine. We can't sell your machine. You can pay for your 14 machine with the price of salt. Although we are not responsible for any mistakes, we will be prepared to make a major concession and buy our 17 packaging machine. I attach our literary works in these fields. I hope you will find this a satisfactory solution to your present situation.
Hereby,
(signature)
Stefan Drake
salesman
Singapore International Arbitration Center