Top Technologies, located in Sofia, Bulgaria, manufactures computer CPU cooling fans. Senegal PC, located in Dakar, Senegal,
Question:
Top Technologies, located in Sofia, Bulgaria, manufactures computer CPU cooling fans. Senegal PC, located in Dakar, Senegal, ordered 1,000 units at a cost of EUR 12,000. The procurement agreement was negotiated between the sales manager at Top Technologies and the procurement manager at Senegal PC. Senegal PC drafted the procurement contract, which consisted of agreed upon sales price, Incoterms rules and delivery schedule. Senegal PC typically orders these units from an Indian supply company, but needed a short-term supply solution, due to an unexpected customs delay for the products arriving from Delhi. When Senegal PC received the CPU fans, it discovered that they were incompatible with the units for which the fans were required. It returned the units to Top Technologies. When they arrived at the warehouse in Sofia, the units were both damaged and uninsured. Top Technologies contacted Senegal PC about this issue, and were not able to reimburse the full amount for the damaged goods. Instead, Top Technologies offered a credit of EUR 5,600 and refused to negotiate further. Senegal PC then went through their embassy in hopes of retrieving their losses. Senegal PC has hired an international trade lawyer to attempt to recoup the lost EUR 12,000. What actions can the parties take to avoid court? What lessons can they learn for future transactions?