Correspondence on claims and arbitration

Dear Sirs,

We acknowledge receipt of your letter of September 5, this year, from which we have learned that you make a claim on us for the sum of... dollars for the delay in submitting the technical documentation under Contract No....

We have carefully studied your claim and must inform you that the delay in submitting the technical documentation occurred through no fault of ours. We would like to remind you that Article 6 of the above contract provides for the submission of the technical documentation within three months after you open an irrevocable letter of credit in our favour with the Bank for Foreign Trade of Russia for the sum of... dollars. You undertook to open the letter of credit before June 5, this year, it was actually opened by you on July 25, i.e. more than a month overdue.

Thus, you have infringed the contract in respect of terms of payment, which has caused the delay in submitting the technical documentation and consequently you cannot hold us responsible and claim damages.

Yours faithfully

 

 

Dear Sirs,

We have received your letter of May 30, this year, making a claim on us because of delay in commissioning the station and claim damages.

In this connection we would like to remind you of the following: under the contract you were to hand over to us the construction site within one month of the date of signing the contract.

You delayed, however, the handing over of the of the site for 3 months, which delayed the commencement of the construction works.

Besides, during the execution of the contract, because of repeated violation of your contractual obligations serious difficulties arose.

It was with great delay that you made expansion of the settlement for the workers of the station and you did not render us proper assistance in providing customs clearance of the equipment and materials necessary for the work.

In spite of the fact that only 3 months have passed since the date of the expansion of the contractual time the station is ready for acceptance tests.

Taking into account the above, we consider your claim unjustified and request you to withdraw it.

Yours faithfully

2.6. CORRESPONDENCE ON CARRYING OUT DESIGN AND
SURVEY WORKS

Dear Sirs,

We would like to remind you that in accordance with Addendum No... to Contract No..., signed on...(day, month, year) V/O... is to prepare working drawings for the construction of the plant in the town of....

As you are well aware, the working drawings are to be handed over to the Customer in three sets. The last set is to be ready six months before the completion of the deliveries.

You will certainly remember that during the approval of the DPR your corporation introduced into the DPR a number of alterations. In this connection the arrangement was made for the Customer to purchase compressors for the above project in... In addition you undertook to forward to the V/O the technical characteristics and the working drawings of the purchased equipment within two months.

However we regret to note that we have not yet received the necessary data from you, therefore our design organizations are unable to start elaborating the working drawings.

In view of the above we would like to draw your attention to the fact that if the above mentioned data is not received this month we shall have to raise the question of the corresponding prolongation of the time-limits for the preparation of the working drawings.

Yours faithfully

Dear Sirs,

This is to advise you that the group of Russian specialists has successful completed the initial data collection for preparing the DPR under Contract No...

However, our design organizations are unable to start preparing the above DPR, as we have not yet received from you all the initial data on topography and geology of the construction site area, which according to your contractual obligations you were to have submitted by... (month, year).

We understand from your letters that you have faced serious difficulties in carrying out these types of work due to the lack of the necessary equipment and qualified specialists.

We are aware that a delay in submitting this data by you could bring about not only a delay in carrying out the design work but also a delay in the construction of the project. So we are ready to provide you with the necessary assistance.

We could send our specialists to your country either to render you assistance in carrying out these types of work or to execute the whole volume of geological and topographic work.

Should you find our proposals acceptable we are ready to forward you our Draft Contract for rendering these services for consideration.

Awaiting your reply,

Yours faithfully