2014
To,
1.
Ref:
And in Ref:
Sub:
We hereby are serving you the reply to your Notice dated 29.10.2014. At
the outset it is denied that we are liable to compensate any loss suffered
by you; nor there has been any violation of statutory and contractual
obligations in respect to Purchase Sale Contract dated 29.10.2013 by us.
Brief Facts is as hereunder:
1.
2.
3.
It is stated that at the Load Port i.e Fangcheng Port, China the Cargo
was inspected for the quantity and quality by a reputed independent
agency as specified by Clause 9 of the Contract dated 29.6.2013.
The Inspectorate (Singapore) PTE Ltd, which is an Independent
Agency of world repute, inspected the Cargo and one composite
sample drawn from the Cargo by the Independent Inspecting
guaranteed
The Cargo set sail and arrived at the Discharge Port Mundra India on
8th August 2013 and completed her discharge on 12 th August 2013.
The entire discharge/ delivery of the Cargo was taken by PPL i.e your
goodself. It is pertinent to point here that as per Clause 9 of the
Contract dated 29.6.2013 the Quality as determined by inspection
agency shall be final and binding on both the Parties for invoicing.
5.
6.
goodself , the cargo met all the FCO specification. You further
admitted that even in the testing done by your internal laboratory
the sample from cargo met all the required specification under the
FCO Rules, which were also the specification under the Contract
dated 29.3.2013.
7.
8.
9.
10.
It is stated that your good self after appropriating the entire cargo
and further selling it in the market and having not raised any
objection on receiving the Cargo, now belatedly cannot raise such
frivolous disputes/ claims for alleged non standard quality of the
product.
13.
It is further stated that as per the quality inspection at the load port,
which is binding in nature, the cargo was found to be in conformity
with the specifications of the Contract and the same has been
accepted by PPL. It is stated that other two independent testing has
found the product in conformity to the Contract specifications,
raising several doubts on the testing done by the Faridabad
Laboratory & subsequently at Jodhpur Laboratory. It is evident that
laboratories.
It
is
pertinent
to
mention
here
that