商务英语听说教程下unit9Disputes and Claim.pptx

商务英语听说教程 下 主讲人： ContentsContents Unit 1Unit 1 Customer Service Unit 2 Unit 2 Promotion Unit 3Unit 3 Trade Fair Unit Unit 4 4 Trade Negotiation Unit Unit 5 5 Quality,Quantity and Packaging Unit 6Unit 6 Payment Unit Unit 7 7 Transportation Unit Unit 8 8 Insurance Unit Unit 9 9 Disputes and Claim Unit 10 Unit 10 Trade Forms Pre-listeningPre-listening ListeningListening Part A Part B Further Practice ActivitiesFurther Practice Activities *Unit 9 Disputes and Claim *Pre-listening How to understand the term “dispute”? What about “claim”? A dispute is a serious argument or disagreement between people or groups. A claim is a demand for something that you think you have a right to. When and why would the buyer lodge a claim against the seller? If problems concerning weight shortage, inferior quality or wrong shipment are found and attributed to the seller. When and why would the seller lodge a claim against the buyer? If the buyer is late in opening the Letter of Credit or making the payment to the seller. For what reason would the owner of the goods lodge a claim against the insurance company? If the loss or damage is due to the risks in transit and has been covered by the insurance. For what reason would the owner of the goods lodge a claim against the shipping company? If the loss of or damage to the goods is found to be caused by the negligence of the shipping company. *Listening Part A - Task 1 Conversation A:Mr.Smith,I have to to you for the of the goods. B:Im sorry to hear that. Whats the matter? A:The goods arrived two weeks later than the time .You know what? We lost a wonderful opportunity of sales because of it! B:Thats so unfortunate! How can that be? A:This is just what I want to ask and complain. B:I apologize for the that the delay has caused you. But I think must be responsible for the delay. A:Anyway,our contract is based on DEQ term, which means that you should regarding the goods until they are placed at the port of destination on time. Therefore, we have to ask you to make us corresponding to our loss. make a complaintdelay stipulated in the contract inconvenience the shipping company bear all the risks allowance Part A - Task 2 Conversation 1.Listen to the conversation once and answer the following question. The buyer requests an indemnity from the seller because of . 2.Listen again and decide whether the following statements are true or false. Write T for True and F for False. ( )20% of the 200 cases of canned pears were found damaged. ( ) The seller pointed out that the damage of the tin cans took place during transit. ( ) The seller has not discovered the exact causes of the damage. ( ) The goods were sold on CIF Boston basis. ( )The tin cans were broken through careless handling while being unloaded from the ship at the port of Boston. ( ) The buyer will never purchase canned fruits from the seller any more. ( ) The buyer needs to send the seller a confirming letter as regards this case. T F F F F T F Part A - Task 2 Conversation Useful Sentences or Expressions Below are useful sentences or expressions which can be used in disputes and claim. Lodging a claim Our customers complain that the goods are much inferior in quality to our samples. The goods have been discolored and heavily saturated by rain. Upon examination we find that each cases weight is short by about 6 kg. As regards inferior quality of your goods, we claim a compensation of US50,000. We hope you would compensate us for the loss. Please give our claims your favorable consideration. We filed / lodged a claim against you for the delayed shipment last month. We may consider withdrawing / waiving the claim. We insist that you should send acceptable goods to replace the defective ones. We have something really unpleasant to talk over to you. After re-inspection, we found that the quality of the goods was not in conformity with the contract stipulations. The goods submitted do not correspond with the sample sent to us. The last batch we received from you was faulty. Part A - Task 2 Conversation Settling a claim We are not liable for the damage. It is a case of force majeure which is beyond our control. It is clearly a case for which the underwriters should take responsibilities. The claim should be referred to the ship owner. We are sorry we cant entertain your claim. We regret our inability to accommodate your claim. According to the contract, a minor discrepancy in colors is permissible. After making a thorough investigation, we have decided to accept your claim. We will compensate for your loss if we were responsible for it. We hope this unfortunate incident will not affect the relationship between us. The claim is not well supported by facts. The claim is unfounded. We can assure you that such a thing will not happen again in future deliveries. Im afraid we cant accept your return because the guarantee has expired. Part A - Task 3 Follow-up Participants: Mrs.Yang: the purchasing manager of Shanghai Handicrafts Import and Export Company. Mr.White: the sales manager of a foreign company. Event: After the goods arrived at the port of destination, Shanghai Handicrafts Import and Export Company found that there were 3 bales short in quantity. The buyer wanted to file a claim against the seller. The seller argued that the loss of the goods must have taken place during transportation and asked the buyer to contact the insurance company for compensation. Make a conversation with your partner following the pattern of Task 2 conversation. You may use the sentences or expressions above. Part B - Task 1 Vocabulary Building Match the English word or phrase with its Chinese translation. Part B - Task 2 Conversation 1.Listen to the conversation once and answer the following questions. Why does the buyer file a claim against the seller? 150 sets of the medical instruments delivered under contract No. PY 20131213 were terribly rusty. Can the buyer get any compensation from the seller? No. Because the rust occurred during transit and the seller was not responsible for it. 2. Listen to the conversation again and fill in the missing information. The buyer complained that sets of the medical instruments delivered got terrible rust stains. Disputes arose between the two parties after performing Contract No. . The goods were bought on basis. It was the buyer who booked and had the goods . It seems that the buyer has to the claim against the seller. 150 PY-20131213 FOB the shipping spaceinsured waive Part B - Task 3 Conversation 1.Listen to the conversation once and answer the following questions. 2.Listen again and match the following words or phrases with their definitions based on the context of the conversation, and make a sentence of your own using each word or phrase. What is the problem with the goods? The bikes were found rusty when they were unpacked. Who should be responsible for the case? The manufacturers. How will the seller settle the claim? The seller will replace the defective bikes with new ones. *Further Practice Activities Task 1 Reading Read the following passage and then discuss the questions below. By what means do you think the exporter and the importer can settle any disputes that might occur after performance of the contract? Which means would you prefer? Why? Task 2 Role-play Discuss this case in small groups and answer the following question. The seller exported 1000 cases of foods on CIF Rotterdam basis with payment in sight L/C. After shipment of the goods, the seller collected payment from the bank against clean on board Bill of Lading and the insurance policy covering All Risks and War Risk. Upon the goods arriving at the port of destination and being re-inspected, the buyer found out the following situations: The buyer actually received only 998 cases of the goods, with 2 cases lost; 15 cases were apparently in good conditions and order, but the goods were short of 60 kg. Question for discussion: In each of the above situations, who should the buyer lodge a claim against? Offer reasons for your judgment. Settlement of Disputes Sometimes complaints or claims inevitably arise in spite of the careful performance of contract by the exporter and the importer. Breach of contract means the refusal or failure by one party of a contract to fulfill an obligation imposed on him under that contract. In international trade practice, the main reasons for disputes can be concluded into three categories: breach of contract by the seller, breach of contract by the buyer and breach of contract by both the seller and the buyer. As the sales contract has a legal binding force upon both contracting parties, any party who has violated the contract shall be legally held responsible for the breach, and the injured party is entitled to remedies according to the stipulations of the contract or the relevant laws. In international trade, most of the claims are made by the importer. Therefore, upon inspection of the goods at the destination should any problem arise, the importer would reserve the right to reject the goods totally or lodge a claim against the relevant party. If problems concerning weight shortage, inferior quality or wrong shipment are found and attributed to the exporter, the importer should lodge claims against the exporter. However, if the loss of or damage to the goods is found to be caused by the