曾经多少次跌倒在路上法律英语

2021年1月22日发(作者：concussion)



法律专业英语期末作业





















题

目

仲

裁

答

辩

状











学

院

法

学

院


专

业

环境与资源保护法


学生姓名

张建军


学

号
2

年

级
2015
级







指导老师

黄

力

华





ANSWER TO COMPLAINT

11 September 2015
Singapore International Arbitration Centre
3St Andrew’s Road

Third Level City Hall
Singapore 178958

honorable arbitrators:
Paulweiss Law firm accepted the commission of the The Respondent
- Medi- Machines, S.A, and assigned me as their arbitration agent
，
I will

represent
Medi-Machines,
According
to
the
Arbitration
Rules
and
the
requirements of the arbitral tribunal, I attended today's court proceedings.
We
put
forward
the
following
defense
opinions
represent
the
Medi- Machines, SA:
Ⅰ
. Facts
1. Although the sale was F.O.B., Medi-Machines was to arrange the
shipping
for
the
account
of
Equapack.
On
23
July
2002
Mr.
Swan
telephoned
Mr.
Drake
to
inquire
as
to
the
progress
in
shipping
the
machines. Mr. Drake replied that he would check on answered the
inquiry by fax the following day and said that the machines were packed
for ocean shipment and would be picked up by the freight forwarder the
following Monday and loaded into a container for shipment the same day.
The ship would be sailing later that week.


1

2. Payment for the purchase was made by means of a letter of credit.
The
account
of
Equapack,
Inc.
was
debited
on
2
August
2002.
The
six
machines
were
duly
delivered
on
21
August
2002.
They
were
installed
and placed in service on 30 August the following month four
of the machines were used for packaging a variety of products, including
salt. The other two machines were used for all products other than salt.
Although
the
machines
worked
reasonably
well
at
the
beginning,
they
were
slower
for
most
products
than
had
been
Equapack
’
s
previous
experience with similar machines. By the end of the month the machines
that had been used to pack salt were showing serious signs of corrosion
and could be used only with coarser products, such as coffee beans or rice,
and
those
at
a
greatly
reduced
rate.
Finer
items,
such
as
ground
coffee
would
not
pass
at
all.
Furthermore,
since
the
machines
were
packaging
foodstuffs,
there
was
concern
that
the
food
itself
might
become
contaminated and it was decided that they should no longer be used.
3.
Mr.
David
Swan,
Works
Manager
of
Equapack,
telephoned
Mr.
Stefan Drake, who was responsible for the contract for Medi-Machines,
on
23
July
2002
to
inquire
into
he
delivery
status
of
the
Model
14
machines
that
Equapack
was
purchasing.
He
was
not
calling
to
inform
Medi-Machines that Equapack intended to use the machines to pack salt.
During
the
conversation
Mr.
Swan
spoke
rather
casually
about
other

2