Question

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案例3 未按期完成全部货物导致客人取消合同案
[案情]
我国某公司A向孟加拉国某公司B出口一批货物，合同价值约为USD20000.00，货物为汽车配件，共有10个型号，其中有四个型号要求根据客户样品制造的。付款方式为，客户先支付定金1000美金，剩余部分30%和70%分别以L/C和T/T支付（在货物生产完毕通知客户支付）。客人随即开来信用证，A公司按合同和L/C要求开始生产货物，但发现其中按客人样品要求订做的货物不能完成，由于客人订货的数量比较少，开发该产品十分不合算。因此打算从其他厂家购进该产品，但遗憾的是，却一直无法找到生产该产品的厂商。而此时已接近装船期了，其他货物亦相继生产完毕。A公司只好告诉B公司上述问题。B公司要求取消所有的货物并退还定金和样品，他的理由是，他要求订做的货物是十分重要的，不能缺少，因A公司没有按时完成货物，错过他的商业机会。A公司也感到无可奈何，确实理亏，只好答应客户的要求，承担一切货物积压的损失。
[分析]
A公司应反省一下，为什么会造成如此被动局面？
1．对客户的样品没有做仔细研究，就简单地认为自己可以生产或从其他地方购买，以致确认客户的定单。
2．对于客户特别重要的货物，应该给予重视。因为客户将样品从国外带到中国交给A公司订做，S公司确认可以生产，最后却没有生产出来，客户当然感到十分失望。要是换成其他产品不能完成，或许客户会勉强答应不至于取消合同。
3．根据《公约》的规定，一方当事人重大违约时，另一方当事人可以取消合同并要求赔偿损失。本案的卖方已构成重大违约（数量不足），对方的要求是合理的。
——由温州某外贸企业提供
我要的是自己翻译的答案，网上的翻译工具翻译出来的文章是没有语法的。在此恳请高手帮忙

Answer 1

Cases not finish all three guests to cancel the contract goods
[case]
Our company to A certain company B Bangladesh export shipment, contract worth about USD20000.00, goods for auto parts, there are 10 types, including four types according to the customer request samples. Payment for the customer first, pay the deposit 1000 dollars, rest 70% respectively by 30% and L/C and T/T payment (after the goods production notify customers pay). Guests from A company credit immediately, according to the contract and L/C begin production requirements of goods, but according to the guest that the requirements of sample goods not complete, due to fewer guest orders, development of the product is not worthwhile. Therefore intend to purchase the products from other manufacturers, but unfortunately, but have been unable to find its products manufacturers. This is already close to other goods shipment, also successively completed. A company to tell B company of the above problems. B company requirement cancel all goods and return the deposit of the sample, and the reason is, he asked the goods is very important, indispensable, because A company didn't finish goods, miss his business opportunities. A company also feel helpless, indeed, had promised indefensible customer's requirements, all goods the backlog of loss.
[analysis]
A company should self-reflection, why would cause so passive situation?
For the customer's samples without making a careful study, simply think oneself can produce or purchase from other places, so that the customer's order confirmation.
2 for the goods is particularly important, should give attention. Because the customer samples from abroad to China will be made to A company, S company confirm can produce, finally did not produce customer feel disappointed, of course. But for other products can finish, perhaps customers would barely promised not to cancel the contract.
3 according to the provisions of the convention, the party concerned major default, when the other party may cancel the contract and claim damages. The seller has a significant number of default (insufficient), the requirement is reasonable.
By a foreign trade enterprise, wenzhou

Answer 2

Case 3 did not complete all goods cause the guest to cancel the contract
[The Court]
A company A to company B Bangladesh export shipment, the contract value is approximately USD20000.00, cargo to auto parts, a total of 10 models, of which there are four models manufactured according to customer request samples. Payment method to pay for, customers first deposit of us $ 1000, the remaining 30% and 70% respectively to L/c and T/T pay (in goods production is completed and the notification of customer). Guests are then separated from the letter of credit, A company in accordance with the contract and l/C requires starting the production of goods, but found that the sample order of goods cannot be completed because the number of customers ordering is relatively small, developing the product very uneconomical. So she's going to buy from other manufacturers the products which, unfortunately, has been unable to locate the production of the producers. But at this point is near the shipment period, and other goods have finished production. A company had to tell B company of the above issues. B company ask for the cancellation of all goods and refund of the deposit and samples, his reason is that he produce goods is very important, is essential, because A company didn't finish goods, he missed business opportunities. A company reluctantly, really wrong, had promised to customer requests, bear all cargo backlog of the loss.
[Analysis]
A company should reflect on why so passive situation?
1. on the customer's samples did not do a careful study, simply consider themselves can be produced or purchased from other places, so as to confirm the customer's orders.
2. it is particularly important for the customer, goods should be given due attention. Because customers will samples from abroad into China to A company for S company confirms that can produce, last but not produced, the customer, of course, very disappointed. If different products cannot be completed, perhaps the client will be reluctantly consented to not cancel the contract.
3. According to the provisions of the Convention, a party to a major breach of contract, the other party may cancel the contract and demand damages. The seller has serious breach (insufficient), and the other's request is reasonable.
— — By providing a foreign trade enterprises, Wenzhou

Answer 3

Cases not finish all three guests to cancel the contract goods
[case]
Our company to A certain company B Bangladesh export shipment, contract worth about USD20000.00, goods for auto parts, there are 10 types, including four types according to the customer request samples. Payment for the customer first, pay the deposit 1000 dollars, rest 70% respectively by 30% and L/C and T/T payment (after the goods production notify customers pay). Guests from A company credit immediately, according to the contract and L/C begin production requirements of goods, but according to the guest that the requirements of sample goods not complete, due to fewer guest orders, development of the product is not worthwhile. Therefore intend to purchase the products from other manufacturers, but unfortunately, but have been unable to find its products manufacturers. This is already close to other goods shipment, also successively completed. A company to tell B company of the above problems. B company requirement cancel all goods and return the deposit of the sample, and the reason is, he asked the goods is very important, indispensable, because A company didn't finish goods, miss his business opportunities. A company also feel helpless, indeed, had promised indefensible customer's requirements, all goods the backlog of loss.
[analysis]
A company should self-reflection, why would cause so passive situation?
For the customer's samples without making a careful study, simply think oneself can produce or purchase from other places, so that the customer's order confirmation.
2 for the goods is particularly important, should give attention. Because the customer samples from abroad to China will be made to A company, S company confirm can produce, finally did not produce customer feel disappointed, of course. But for other products can finish, perhaps customers would barely promised not to cancel the contract.
3 according to the provisions of the convention, the party concerned major default, when the other party may cancel the contract and claim damages. The seller has a significant number of default (insufficient), the requirement is reasonable.