國際商務(wù)函電Unit12claimandsettlement

1、LOGOUnit 12 Claim and Settlement索賠及理賠LOGOBasic Knowledge ConcernedLetter-writing GuideOther Commonly Used Expressions and Sentences Sample Letters Practical Training Part One Part Two Part Three Part Four Part FiveContentshttp:/LOGOPart One The party making complaints aims at either the improvement

2、of current products /services of their business partner, e.g. a supplier or a carrier, or the compensation for the losses caused by the wrongdoings of the business partner. Sometimes the two goals are combined when the party receiving complaints not only accepts the compensation request but also pro

3、mises to deliver a better job in the future.1. The Purpose of Making ComplaintsLOGOPart One Generally there are three types of claims, namely, the trade claim, the transportation claim and the insurance claim. The transportation claim is raised by the shipper/consignor or owner of the shipped goods

4、against the carrier. When, for instance, the cargo shipped is found with damage or imperfection after its arrival at the port, such a claim will then be lodged. 2. The Different Types of Claims (1)LOGOPart One The trade claim is based on a sales contract between the two parties and is lodged by one

5、party who suffers losses due to another partys violation of the contract. The insurance claim takes place after the insured goods are damaged or lost due to the risks when they have not been turned into reality that the insurer promises to insure against. 2. The Different Types of Claims (2)LOGOPart

6、 One3. The Principles of Claim Letter 1) Being timely is the No.1 principle of making a claim by letter. 2) Being courteous is important. 3) Being specific is also essential in writing such a letter. 4) Being accurate in citing the supporting materials, goes hand in hand with the above principle. LO

7、GOPart TwoSteps/ContentsTypical ExpressionsFor letters raising claims against the receiver1. Lodging a claim with regret We regret to say that we need a claim on sth.我們遺憾地說我們要對索賠We really dont want but it is necessary to make a claim for the huge losses we suffered against sb.我們真的不想,但面對所遭受的這么大的損失我們只

8、得向索賠 Much to our regret that we need to file a claim against you for.我們不得不很遺憾地向貴方就提出索賠LOGOPart TwoSteps/ContentsTypical Expressions2. Clarifying the reasonsThe survey report issued by. evidences that.由出具的檢驗報告證明了We have invited licensed surveyors to check the consignment of. and discovered that. 我們請了

9、有資格的檢驗員來檢驗了這批,結(jié)果發(fā)現(xiàn)The goods supplied do not match the samples you sent to us.貴方所供的貨與你們之前寄來的樣品并不吻合The products are not of the quality we ordered.這些產(chǎn)品的質(zhì)量并沒有達(dá)到我們所訂產(chǎn)品的質(zhì)量標(biāo)準(zhǔn)LOGOPart TwoSteps/ContentsTypical Expressions3. Proposing how to settle the claimOn the strength of the survey report we hereby lay a

10、 claim for. 根據(jù)檢驗報告,我方在此就提出索賠We must request the immediate replacement of the cargo.我們必須要求馬上換貨We cannot help filing a claim against you for the invoice value and inspection charges.我們只能向貴方提出索賠,索賠額為發(fā)票金額加上檢驗費用We look forward to your early settlement.我方希望你們能早日理賠Please inform us of your decision on how t

11、o settle the claim. 請把貴方打算如何處理此次索賠的想法告訴我們LOGOPart TwoSteps/ContentsTypical Expressions4. Expressing your expectationWe hope that this matter can be resolved as soon as possible. 我方希望能盡快解決此事We trust that you will take the said issue into serious consideration and favor us with a prompt solution. 我方希望

12、貴方能認(rèn)真考慮此事,盡快提出一個好的解決方法For letters in reply to the letters raising claimsThank you for your letter of. and it is much to our regret that we hear. 感謝貴方的來函,從函中我們很遺憾地得知LOGOPart TwoSteps/ContentsTypical Expressions1. Acknowledging the receipt of the incoming letter and expressing your regrets for what be

13、ing complained aboutWith reference to your letter dated. we are deeply sorry over the unfortunate incident. 關(guān)于貴方日的來信,我們對信中提及的這一不幸事件深表遺憾We have received your letter of. with great regret learning that. 貴方的來函已收悉,我們非常遺憾地獲悉After going into the matter we find that. 在深入調(diào)查事件后我們發(fā)現(xiàn)LOGOPart TwoSteps/ContentsT

14、ypical Expressions2. Talking about the results of the investigationBased on the immediate investigation we made，it is believed that the loss is due to.在立刻展開調(diào)查后,我們相信這次損失是由造成的The findings that are provided by the staff checking the damaged goods show that.對受損貨物進(jìn)行檢查的工作人員提交了檢查結(jié)果,結(jié)果顯示W(wǎng)e are arranging the

15、 replacement of. as soon as possible.我們將盡快給貴方寄去的替代品LOGOPart TwoSteps/ContentsTypical Expressions3. Indicating the solution of settling the claimWe shall be responsible for the compensation you claimed and make payment to you for. at once.我們會負(fù)責(zé)對貴方的索賠進(jìn)行償付,馬上付的賠償款Therefore we find no grounds to compens

16、ate you for the loss. 因此本方認(rèn)為我們沒有理由賠償貴方的此項損失The responsibility should rest with either the carrier or the insurer instead of us, and if you need, we would like to lodge, on behalf of you, a claim against them. 這個責(zé)任不應(yīng)由我方,而應(yīng)由承運人或保險人來承擔(dān),如果貴方需要,我方可代你們向他們提出索賠LOGOPart ThreeExpressions (1)1. put in/lodge/fi

17、le/register/make/lay/raise a claim against sb. 向某人索賠2. claim. (a certain amount of money) from. (sb.) for . (sth.) 向就索賠金額3. make a claim against. (sb.) for. (a certain amount of money) for. 向就(原因)索賠金額4. entertain/accept a claim 接受索賠5. settle a claim 理賠;進(jìn)行賠償6. survey report 檢驗報告7. on the strength of.

18、 因為/憑借8. on arrival of. 在到達(dá)后9. replacement goods 替換品10. cannot but 只得LOGOPart ThreeExpressions (2)11. short delivery 短量;貨少運了12. short weight 短重;貨不夠秤13. inferior quality 質(zhì)量低劣14. improper packing 不適當(dāng)?shù)陌b15. A is attributable to B A是由B引起/導(dǎo)致的16. the time limit for claim 索賠期限17. within. days after arrival

19、 of the goods 貨物到達(dá)后天內(nèi)18. go into the matter 調(diào)查此事19. the survey charges 檢驗費20. total amount of claim 索賠總額LOGOPart ThreeTypical Sentences (1)1. The claim is to be lodged within 45 days after the arrival of the consignment at the destination port. 2. The claim must be accompanied by a survey report for

20、 sellers reference. 3. After looking into the matter, the surveyors find that the damage was caused by rough handling at the dock. 4. We are entitled to register a claim for at least 30% of the invoice value for inferior quality against the exporter. 5. Short weight is what the claim is for. LOGOPar

21、t ThreeTypical Sentences (2)The goods you are claiming damaged were in perfectcondition when they left the loading port, as can be evidencedby the B/L in which is printed the word “Clean”.The discrepancy between the goods shipped and theoriginal sample is unacceptable since the S/C stipulated theter

22、m of “sales by sample”. 8. We have no choice but to file a claim on you, which we hope will receive your prompt attention.9. After inspection the goods shipped are found not in conformity with the sample you sent to us. LOGOPart ThreeTypical Sentences (3)10. We insist that you compensate the sum of

23、our losses which were due to your improper packing. 11. Your claim is not acceptable because the date, July 31, 2007, when you raised it, has passed the time limit for a claim as stipulated in the contract No.123. 12. We hope you can understand that we would not have lodged the claim if we could aff

24、ord to carry the loss. 13. If the claim is not resolved in the near future we will be compelled to resort to a lawsuit.LOGOPart Four Sample 1 Lodge an Insurance ClaimDear Sirs,The shipment of mens shirts arrived yesterday and it was noticed that1 part of the cartons were wet. We immediately had all

25、the consignments examined by a local qualified surveyor with the presence of2 the shipping companys representative.On the strength of3 the survey report it was evidenced that 6 out of 10 cartons were totally wet from sea water. Each carton was invoiced containing 10 dozen plastic bags with each wrap

26、ping a shirt.4 Therefore 60 dozen shirts have been soaked by sea water and have lost a great deal of quality. Such loss is due to the bad weather in transit, which we have insured against, and should be compensated for by the insurer. Since the insurance policy is in your hand now, would you please

27、file a claim against the insurer at once Enclosed with this letter please find the survey report and the statement of the shipping companys representative, which will be essential proof for the claim.We hope the process of the claim will be smooth. Thanks in advance for your handling of this situati

28、on on our behalf.Yours faithfully,LOGOPart FourDear Sirs,Your letter of requesting us to claim against the underwriter1 on the shirts spoiled by sea water has been noted and we are willing to do it immediately.According to the survey report and the statement of the carriers agent the loss was caused

29、 by heavy weather2 in transit, which lies exactly within the responsibilities of WPA against which we have insured the shirts. Therefore we have adequate grounds for the compensation demand. We are going to register a claim with the Guangzhou Branch of the PICC by tomorrow, June 18, 2007. We shall k

30、eep you informed should any progress of the claim be made.Yours faithfully,Reply to the Letter of Sample 1Sample 2 LOGOPart FourDear Sirs,The shipment of our order No.231 for the whole set of equipment for recording used for a professional recording studio1 has been duly received. Thanks for your pr

31、ompt delivery.Everything seemed perfect and amicable before the case No.23 was unpacked. This case contained a sound mixer2, the essential part of the whole system. Much to our regret, due to the negligent packing3, the mixer was damaged to such an extent that it is totally unusable. We hereby enclo

32、se the photos of its present appearance together with a survey report of a qualified surveyor. Regarding the importance of the sound mixer in making the whole system workable, we must request your immediate replacement of it.Awaiting your favorable reply as soon as possible at your earliest convenie

33、nce.Yours faithfully,Sample 3 Importer Requesting Replacement of Damaged GoodsLOGOPart FourDear Sirs,We acknowledge with thanks the receipt of your letter asking for the replacement of the damaged sound mixer. After going into the matter quickly it was determined that the error was from the distract

34、ed mind1 of a certain staff packing the goods. We regret the operation negligence and have already dispatched a new mixer to you this morning with the hope that the installation of the recording system in your studio will not be delayed too much. We apologize again for the inconvenience incurred and

35、 would like to assure you that the recurrence2 of similar mistakes will be avoided in the handling of your future orders.Yours faithfully,Sample 4Reply to the Letter of Sample 3LOGONotes返回Sample 11. “it was noticed that .” 相當(dāng)于“we noticed that .” 之所以用被動語態(tài)有兩點考慮,其一是突出客觀性,其二是不一味地使用主動語態(tài)以增加表達(dá)的多樣性 常用的例子有:i

36、t is/was found out that . ; it is/was heard that . ; it is/was revealed that . 以及it is known that . 等2. “with the presence of”意為“當(dāng)著的面”或“在在場的情況下”3. on the strength of (1)一般意為“because of ”,“因為;根據(jù);憑借”,本文中即為此意 e.g. I chose the shipping company and the insurance company on the strength of the importers a

37、dvice. 我根據(jù)進(jìn)口商的意見選擇了船運和保險公司 (2)有時又意為“in the likelihood of ”,“因可能” e.g. I searched some price information of local suppliers on the strength of the possible inquiries from international buyers. 因國際買家可能會來詢盤,我先了解了一下本地供應(yīng)商的價格信息 LOGONotes返回Sample 21. “underwriter”即“insurer” (保險人)2. “heavy weather”意為“惡劣氣候”,

38、在保險術(shù)語中指八級以上的風(fēng)(即颶風(fēng)) 三米以上的大浪 用 這個短語比用“bad weather”更專業(yè) 更清晰些Sample 31. the whole set of equipment for recording used for a professional recording studio 職業(yè) 攝錄專用的成套錄音設(shè)備2. sound mixer 混音器3. negligent packing 包裝方面的疏忽Sample 41. distracted mind 走神,不專心2. recurrence n. 重復(fù)發(fā)生,再次發(fā)生LOGOPart Five1. Put the followin

39、g English into Chinese. (1)Beginning Training索賠 (1) lodge a claim(2) decline/reject a claim 拒絕賠償 (3) survey report 檢驗報告 (4) on the strength of 因為/憑借 LOGOPart Five1. Put the following English into Chinese. (2)(5) a qualified surveyor (6) file a claim against the insurer(7) request the exporter to dis

40、patch the replacement of the goods(8) the discrepancy between the goods shipped and the sample (9) inspection charges 有資質(zhì)的檢驗員 向保險公司索賠 要求出口方發(fā)運替換貨物 運來的貨物與樣品不符 檢驗費LOGOPart Five1. Put the following English into Chinese. (3)(10) settle/adjust a claim (11) We regret to inform you that there is an obvious

41、discrepancy between the goods shipped and the sample. (12) We would like to lodge a claim against the seller for short delivery of the consignment. 理賠 我們遺憾地通知貴方，運來的貨物明顯與樣品不符。 由于這批貨短量，我們要對賣方提出索賠。 (13) Looking forward to your early settlement of the claim.盼望你們能早日理賠。LOGOPart Five1. Put the following En

42、glish into Chinese. (4)(14) This is to acknowledge the receipt of your letter demanding our compe- nsation for the spoiled clothes shipped to you due to improper packing.(15) We apologize for any inconvenience incurred and have decided to entertain your claim as per your proposal. (16) The responsib

43、ility for the claim should be burdened by either the carrier or the insurer, instead of us. 茲收到貴方來函，函中要求我方對由于我們不當(dāng)包裝而在運輸途中被弄臟了的服裝進(jìn)行賠償。我方對因此事引起的不便道歉，并決定按你們的提議進(jìn)行理賠。 此次索賠的對象應(yīng)是承運人或保險人，而不是我方。LOGOPart Five1. Put the following English into Chinese. (5)(17) The clean on board B/L has indicated the perfect co

44、ndition of the goods when they were transferred from us to the carrier and we therefore find no reason to accept your claim. (18) Upon examining the goods, we discovered to our surprise that they were altogether inferior in quality to the samples on which basis we placed the order. 這份已裝船清潔提單說明了當(dāng)我方把貨

45、物交給承運人時貨物是完好無損的，因此我方?jīng)]有理由接受貴方的索賠要求。 經(jīng)過檢驗，我們驚奇地發(fā)現(xiàn)所有貨物的質(zhì)量比訂貨的樣品要差。 LOGOPart Five1. Put the following English into Chinese. (6)(19) The goods are of good quality and in attractive designs, though they are not the very ones you ordered, and we think you will have little difficulty in disposing of them at

46、 our price. (20) There is a discrepancy between the packing list of case No.53 and your invoice, 3 dozen Tea Sets are correctly entered on the invoice but there were only 2 dozen in the case. 盡管這批貨物與貴方所訂的貨物不完全一致，但它們質(zhì)量很好，設(shè)計也吸引人，我們覺得貴方把它們處理掉并不難。53號箱的裝箱單與貴方發(fā)票有差異：發(fā)票上清楚地顯示了3打茶具而箱子里只有2打。 LOGOPart Five2. R

47、ead the following letters and fill in the blanks with one of the prepositions given. to; upon; of; without; in; for; by; plus; on; upLetter 1Dear Sirs,Thanks for your prompt execution (1) our order No.432.We regret having to inform you that (2) checking, we found that the shipment was 200kg short de

48、livered which can be evidenced (3) the survey report enclosed.As the sales season is coming very soon, please send us the short-shipped goods without delay. At the same time please accept our claim (4) you for our loss amounting (5) US$2 000 plus the inspection fee.Thank you in advance for your coop

49、eration.Yours faithfully,to_against_upon/on_by_of_LOGOPart FiveLetter 2Dear Sirs,We are (1) receipt of your letter of July 10 and regret to note your complaint respecting the Woolen Goods we sent you by S. S. “Dongfeng”.We have booked (2) the matter in our records, and so far as we can find, the goo

50、ds in question were in first-class condition when they left here, as was evidenced by the bill of lading. It is, therefore, quite obvious that the damage complained (3) must have taken place in transit. In the circumstances, we are apparently not liable (4) the damage and would advise you to claim (

51、5) the shipping company who should be held responsible.At any rate, we thank you for bringing this to our attention and if you feel it necessary we shall be pleased to take the matter up on your behalf with the shipping company concerned.Yours faithfullyin_down_for_about_against_to; upon; of; withou

52、t; in; for; by; plus; on; upLOGOPart FiveIntermediate Training1. Put the following Chinese into English. (1)(1) 短裝(2) 短重 (3) 提出索賠 (4) 接受索賠short deliveryshort weightlodge a claim accept a claimLOGOPart Five1. Put the following Chinese into English. (2)(5) 檢驗報告 (6) 劣質(zhì)產(chǎn)品(7) 所交之貨與樣品不符(8) 理賠survey report

53、 product of inferior qualitydiscrepancy between the goods delivered and the samples settle a claim(9) 貨物完好in perfect conditionLOGOPart Five1. Put the following Chinese into English. (3)(10) 通過仲裁予以解決(11) 向保險公司索賠(12) 質(zhì)量大受影響claim against the insurerlose a lot of qualitysettle a dispute through arbitrat

54、ion(13) 調(diào)查此事 investigate the matterLOGOPart Five1. Put the following Chinese into English. (4)(14) 提出索賠時須注意及時性原則(15) 過了索賠期限就會錯失得到賠償?shù)臋C(jī)會 The principle of punctuality should be noticed when a claim is lodged.The chance of getting compensation might be missed if the deadline of a valid claim period is passed. (16) 我方向貴方就少運的300公斤茶葉提出3000美元的索賠We lodge a claim with you for US$3,000 on the short-delivered 300 kilograms of tea.LOGOPart Five1. Put the following Chinese into English. (5)(17) 我們主張在訴諸法律之前還是盡量爭取用協(xié)商的方式來解決此項爭議(18) 貴方顯然搞錯了索賠對象,你們應(yīng)向船東而不是向我們索賠 We maintain that we try to settle the