Xiamen Lexiang Import & Export Co. Ltd

April 10, 2013 between our companies was signed proforma invoice No. LE-TS13001 (attached to this letter) and prepayment has been arranged for your company was received from us as prepayment exactly for the goods at 26 April 2013 (76,010.40 Dollars).

Xiamen Lexiang Import & Export Co., Ltd

Buyer’s Nationality:

Xiamen Lexiang Import & Export Co., Limited

Seller Website:
www.oway.cc; www.lxcc.com; www.lexiang.biz; www.china-lexiang.com

Seller Address:
Room 603-604, C2# Building, Wanda Plaza, Huli District, Xiamen, China, Xiamen, Fujian, 361000, China

Initial contact with the supplier:
Trade Show

Type of product(s) being purchased:
Canned Mushrooms

Value of the Purchase Order when the incident occurred:
25,001 to 100,000 USD

Destination market of order in question:
Western Europe

Type of Complaint(s):
missed lead times, contract violations, scams & other unethical activities

Stage of relationship with the supplier at the time of the incident:
Order #3-5

User Experience:
All described below in the official letter to their head manager (Xiamen Lexiang imp & Exp Co. Ltd):
From Tri-S Food Co. LLC
To the Head Manager of the Company XIAMEN LEXIANG IMPORT & EXPORT CO. LTD
Date 22.11.2016

Dear Sir, I grateful for our fruitful cooperation, which began with the signing of proforma invoice No. LE-TS12001 from 22 may 2012 to end of 2013 we bought a 24 containers with peas and mushrooms. Since as I know my managers are contacting to your company periodically regarding the possibility of new purchases, but for a while at the moment you unfortunately have not been able to offer us competitive prices. I hope the situation will improve soon.

Please note that we have the matter which are not resolved yet between our two companies, kindly inform you that this matter has no expiration date, even despite the fact that it is was started in April 2013 and now November 2016. This question has no expiration date as for me and my company and Russian Governments Regulation, Currency Control Authority Regulation, and of course actually for the General notion of international trade.
That`s how the matter stands:

1) April 10, 2013 between our companies was signed proforma invoice No. LE-TS13001 (attached to this letter) and prepayment has been arranged for your company was received from us as prepayment exactly for the goods at 26 April 2013 (76,010.40 Dollars).

2) But since May 2013, (2 weeks after payment), we are became to receive at our warehouse by our previous order the mushrooms which quality are not compliance of our agreed requirements. It is certainly affected the sales it was decreased significantly. And the reason is not so high-experience of my purchasing Manager coordinating of the contract with your company we were not received the compensation for this noncompliance from your company. Only the compensation would allow us to sell these mushrooms with the discount. We were forced to sell these mushrooms for much longer. Also from Eric Lin was no any reaction to e`mail from my purchasing manager regarding of not acceptable quality.

3) E`mail From Eric Lin was received only in July of 2014, when he offered us the peas, and in response to his letter my purchasing Manager are mentioned about of prepayment, and the goods which are not shipped for a few month, to which Eric Lin wrote as reply:

From: Eric- Canned Foods [mailto:eric@oway.cc] Sent: Friday, July 04, 2014 3:22 PM
To: Абрамова Юлия
Subject: Re: RE: Notice: NEW CROP green peas/ Xiamen Lexiang Imp & Exp

Dear Yulia,

About the 17fcls mushroom, when both us confirmed order at Apr, the price is reasonable according to the market. However, like you known, after that, during about May-Jun, the mushroom price went down sharply unexpected. At that time, we have already produced the goods (before the price went down, it means high material price high cost).

We informed you many times to arrange shipment, tried many times to communicate with you, you just kept silence. Then you ordered goods again from others. Did you think about how to deal with those goods already produced? Do you know how big pressure I took when face those goods? How large loss factory and us bear?

You are professional in this field, the mushroom material price fluctuate time from time. The price suddenly went down sharply was unexpected, both us didn’t predict it, so both us hurt in this transaction, and then your silence reaction made the «secondary damage», rejected the possible proposal we could take to less the loss, the large loss finally happened.

Now things have past, both of us should have a good lesson from this matter and move on.

Best regards
Eric Lin / Foods Biz Dept.

Add: Room 603-604, C2# Building, Wanda Plaza, Huli District, Xiamen, China
T: +86 592 2367911 F: +86 592 2367910 M: +86 139 5925 7375
@: eric@oway.cc eric.oway@gmail.com W: www.oway.cc Skype: eric-ljd
Years supplier of canned foods: mushrooms, fruits, vegetables, fishes and tomato paste etc.
Never hesitate to contact us for a better business. ”
I unfortunately was not informed about this response in a timely manner.

4) Of course, the human factor is always the place to be. I’m sure You as the owner of the company (as I do) do not think that it is correctly and honestly words and actions of Eric Lin. In my opinion, everything is obvious, but just in case, I will let you know my arguments, so you will haven`t any doubts about my position and my opinion on this matter:

– Before ordering of the goods from you between us it was not agreed that it is actually are possible that you will leave our Deposit, even for whatever reason – whether as compensation of any costs and so on. It’s just against the rules of international trade. Even if you were have faced with some troubles you should duly informed us about your intention beforehand only, and after our confirmation only, you could be able have a right to leave for yourself our Deposit. It is absolutely clear.- And exact plan of shipments was not agreed between us. In the Proforma invoice are indicated “Shipment plan should be discussed”.

– If there is any problem which cannot be solved at the Manager level, the matter should be addressed to the Head Management level of the company – your Manager should to send me personally an e-mail or Fax. It is the standard of business relations.

– Between the old partners should be honest relationship.
– Russian Governments Regulation, Currency Control Authority Regulation very strict to foreign currency transactions, especially when payment is made for goods, and the goods are not shipped and no refund. This matter already under control of it`s authority.

Thus, I would like to receive Your offer how it is convenient for You to return me these 76010,40 dollars officially. Of course, I’ll be glad to continue our cooperation and to cover by this amount as an advance payment for the new goods (the most important of course that the price and quality should met of our expectations). Thank You in advance for Your early reply.

User Recommendations:
No need to pay too big amount at front and for a big time period. And be in a contact with the owner of a company and need to be for sure that that is a really an owner.


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