Read the letter and answer questions.
March 29th
China National Chemicals Import and Export Corporation.
We refer to our shipment of Rock Phosphate S. S. "Acropolis" under Contract No.
3XQA7775 OUS.
You make a claim against us for short weight based upon the Qingdao Commodity
Inspection Bureau report which shows a total weight on arrival of the shipment of 21 504. 175
metric tons as against the invoice weight on our final invoice No ... dated December 4th, 2011,
of 21 504. 175 metric tons in weight between the loaded and the arrival weight.
We would like to point out that the weight of the cargo on loading was taken by the actual physical weighing of product at the time of loading. This can be verified by your agent, the captain of the S. S. "Acropolis”, and was certified in the certificate provided by the shipping superintendent at the port of loading. Furthermore, the scales are constantly checked and verified every week by an independent specialist.
Your weight based on the draft weight was established by the Qingdao Commodity Inspection Bureau and while we certainly respect the work done by your survey team, it is a well - known fact that draft weight calculations do vary between one surveyor and another. The "disappearance” of 35.675 metric tons is on1y 0.165 percent of the total cargo and, therefore, an insignificant difference, an amount which is allowable under any international insurance claim standards.
Notwithstanding, we accept the outturned weight by your inspection bureau and agree to a claim for 35.675 metric tons at the invoice price of 12. 18 US dollars per metric ton or a total amount of 434.52 US dollars.
We would like to point out that we made it quite clear in our exchanges of correspondence, telexes and conversations, regarding the negoastions of the contract, that we would not be responsible for moisture on arrival of the goods at destination and that the only basis for claim would be on the analyses of the samples taken at the time of loading at Vancouver, British Columbia. This moisture content, established by two independent laboratories, Inc. ,showed a moisture content of 1.50 and 1.53 percent respectively and you will see from our invoice that we gave you the average moisture cantent of 1.515 percent. We must therefore disclaim responsibility for the theoretical loss of an additional 49.145 metric tons due to "excessive” moisture.
The cargo was sold to you on FOB Vancouver basis and therefore any claim that you may have for a refund of freight due to loss in weight during the voyage must be made against the owners of the "Acropolis" or the underwriters under your insurance policy. The inspection fee at the port of discharge is the responsibility of the China National Chemicals Import and Export Corporation, as indeed were the survey, weighing and analysis fees, etc. our responsibility on the loading of the cargo at Vancouver. The recovery of such fees can sometimes be made under the insurance policy and we therefore refer you to your own insurance company for recovery of this fee.
Under no circumstances do we feel that this fee should be a charge against the seller.
In the spirit of cooperation for the development of our business, we suggest a settlement of this claim based on the value of the actual tonnage difference between the loading and discharging weights, which we offer to you as compensation without prejudice to our position.
We assure you of pleasant cooperation and take an interest in continuing business with your corporation to our mutual benefit.
Yours truly.
UNISOBIN CHEMICALS. INC.
