I Attach my question in attachment, needs to identifying and addressing the legal issues that arise between these two traders and explaining how you think it will be resolved
The Problem Below is an email from your employee (Alex) and a set of emails between Alex and one of your suppliers, Electronic Products in Osaka (Japan). You manage Australian Electrical Supplies, based in Melboume (Australia). You have been doing business with EP for three years. You source a significant proportion of goods you supply to your Australian and New Zealand customers from EP. The emails reveal various issues arising from a sales transaction earlier in the year that remain unresolved. You have already lost the customer (Ardith Engrain) to whom you were supplying the goods ordered from EP. Your relationship with EP has become increasingly important to the success of your business. As part of an upcoming trip to Osaka, you have arranged a meeting with EP's management to resolve the problems and restore your business relationship. Before you leave you need to prepare to clarify for yourself what your position is on the issues. Write a report which identifies the issues and the likely legal rights and responsibilities of AES and EP. Also, you should think about the possible outcomes and remedies you want in light of your circumstances. From: Alex Tove
To: Kim Lee Ricci Date: 10 April 2019 Hello Kim, As requested, I am forwarding you the email exchange with EP from February regarding Ardith Engrain's order. Following my email of 11 March, I spoke briefly on the phone with my counterpart at EP. She was not forthcoming regarding a refund. She said the decision sat with the management. Off the record, she seemed to suggest that the non-branded Modules were sent by mistake (use of non-branded modules is permitted elsewhere). Also, the final damage and inspection report on the breaks and trips has just come in, which concludes that goods were damaged in ight. The report has confirmed that the packaging was in order and points to a failure of thermal temperature control in the cargo hold as the most likely cause of the goods pooron-functionality. All goods have been moved from Ardith Engrain's warehouse and we are paying for storage. I have found a buyer for the pins, shunts and oscillators, at a small price reduction. I would need to confirm this within two weeks. We can't sell the Relay Modules here or in NZ if they're not all original grade and the sockets are only compatible with these modules. Ardith Engrain has still not made any further orders with us. Looking back over 2018, I estimate we might lose orders worth $130,000 for the year if we can 't entice them back. Finally, EP has just sent through new price list. As you requested, I compared prices across suppliers and EP are consistently 10-15% cheaper on most of our high order items. I also checked our past orders we've ordered the same TP Connectivity modules and sockets before (same item numbers) and were sent originals/branded. Good luck in Osaka! Cheers Alex BTX3110 International Trade Law Semester 1 2019 3 From : EP Date : 16 February 2019 Dear Alex Quote : You may be interested in these special offers Delivery time : To be delivered FCA ( Osaka Airport ) in 1 week Offer validity : Offer valid for 3 days* Terms : TT in Advance All prices in AUD Description Manufacturer Cur Price Circuit trips Acting Schneider AUD (73.05 pp ) IPB 790 - 9184\\ Pins JAN 2N 910 | MOT ( 0 . 1Opp ) 12 - 24 V ac/ do Shunt | ABB AUD ( 55. 05 pp) release 791 - 2818| TOA 1 Pole Thermal ETA AUD ( 21. 07 pp ) magnetic circuit breaker 405 - 9141 Q 3204 D C 210 Epson AUD ( 5. 76 pp) Crystal Oscillator 24 MH z 50 ppm 4 - Pin 775- 5246 PT 78 Relay sockets \\ TE Connectivity AUD ( 3. 90 ) 495 - 0001 RT7 8 Relay sockets \\TE Connectivity* AUD ( 2.87 ) 495- 0517 Interface relay TE Connectivity | AUD (5.34 ) module for use with PT 78 and RT78 Relay sockets 494- 0817 All sales are made subject to our [ Electronic Products ] standard terms and conditions . Any sales agreement entered into by Electronic Products shall be governed by and construed in accordance with* the laws of Japan . The Tokyo District Court shall have the exclusive jurisdiction for settling any and all disputes that arise under or in connection with this Agreement ." From : AES TO : EP TO : EP To: AES Date: 6 March 2019 Hello Alex, As you know, original/marked TE is much more expensive. It is not possible for us to send branded. And, it is too late now for us to source original/marked TE interface modules, they are not in stock. It will take more than 3 months. We have refunded 2670.00. Will arrange for pick up of refunded items. Oscillator's have already been shipped. We delivered them to Osaka airport 4 March. Suggest you pursue your insurer for in ight damage. Best wishes, Sachiko From: AES To: EP Date: 11 March 2019 Dear Sac hiko, We are unhappy with your response. The modules and relay sockets can only work together. Consequently, our customer was unable to use the modules and relay sockets. Customer was also put out by late delivery of oscillators. We had to purchase replacement goods elsewhere at (considerable) additional cost. Our customer is really not happy and is threatening not to use AES again. Our customer has rejected the entire shipment and indicated that they will store them at their warehouse for 1 week only. After that we will incur storage charges. Please advise of arrangements. Please confirm full refund of all monies paid. Thank you Alex. BTX3110 International Trade Law Semester 1 2019 7
