爱华网按：浙江某某机械制造有限公司向印度某公司出口机械设备产品，但浙江公司交货后，对方却迟迟未付款，理由是其中某单产品存在质量问题。本人作为该公司常年法律顾问，了解案情后，向印度某公司发出律师函，有理有据地摆事实，讲道理。后经协商，印度公司向浙江某公司支付了大部分货款。下面是本人就该案所发的律师函。
Legal Letter
To: **India Private Limited
Please be advised that this firm representsXXX EQUIPEMETN MANUFACTURING CO., LTD. (hereinafter referred to asXXX for short).
According to our Client, XXX madea contract and sold theequipments to your company,pursuant to the terms and conditions of the contract, XXXdeliveried the equipments toyour company in Mar. andJuly, 2007,issuing four invoicesas follows:
Invoice# | Invoice Date | Due Date | Invoice Amount | PO No. |
#353 | Mar.12,2007 | Sep. 11, 2008 | $18,275.35 | LI1044/01/01 |
#357 | Mar. 13, 2007 | Sep. 12, 2008 | $26,432.40 | LI/1044/01/03 |
#379 | Jul. 9, 2007 | Jan. 8, 2008 | $14,593.30 | LI/1047/01/02 |
#385 | Jul. 30, 2007 | Jan.29, 2008 | $10,943.75 | LI1052/01/01 |
|
| Total | $70,244.80 |
|
But your company failed topay $70,244.80 to XXX ,telling XXX in 2010 thatthe equipement ( LI/1044/01/01)was defective and asked XXX topay USD43,759 as the fee forrepairing.
We hereby notify officially the following:
It was agreed in thecontract by XXX and yourcompany that the Warranty shall remainvalid for 18months from thedate of deliveried,of the lastconsignment. During thewarranty period, XXX shall, at its ownexpenses,repair ,modify or replacedefects,deficiencies,or damages,whicharise or existin any part ofthe equipment. Now ithas beyond thewarranty period,so it is unfairand unacceptable forXXX to repairtheequipentswithout any costs to your company or bear the feefor repairing.There are total4 overdue invoices.Even if there aresome problems on the equipment under invoice#353,your company shall arrangethe payment to the invoices #357, #379 and #385which are mutuallyindependent.
So,you shall, within 15 days of receiving this letter, contactwith XXX promptly and pay $70,244.80 toXXX,otherwise XXX will not hesitate to file a lawsuit to askyou to paythe money which is owing ,includingthe interest .This firm will be on behalf ofXXX to solve the problem through litigation. We hope it would besolved in the best way. As it would cost you more to solve theproblem through litigation.
We look forward to hearing from you soon..
Regards
Lawyer Shuxing Zhu
Zhejiang Nanhu Law Firm
Contact:
Lawyer: Mr. AdamZhu,e-mail:tx-zsx@163.com
（作者：朱树兴律师，浙江南湖律师事务所合伙人，专注于涉外法律服务。手机：13819413928。）
