国际商务函电Unit12claimandsettlement

1、LOGOUnit 12 Claim and Settlement索赔及理赔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.我们遗憾地说我们要对索赔We really dont want but it is necessary to make a claim for the huge losses we suffered against sb.我们真的不想,但面对所遭受的这么大的损失我们只

8、得向索赔 Much to our regret that we need to file a claim against you for.我们不得不很遗憾地向贵方就提出索赔LOGOPart TwoSteps/ContentsTypical Expressions2. Clarifying the reasonsThe survey report issued by. evidences that.由出具的检验报告证明了We have invited licensed surveyors to check the consignment of. and discovered that. 我们请了

9、有资格的检验员来检验了这批,结果发现The goods supplied do not match the samples you sent to us.贵方所供的货与你们之前寄来的样品并不吻合The products are not of the quality we ordered.这些产品的质量并没有达到我们所订产品的质量标准LOGOPart TwoSteps/ContentsTypical Expressions3. Proposing how to settle the claimOn the strength of the survey report we hereby lay a

10、 claim for. 根据检验报告,我方在此就提出索赔We must request the immediate replacement of the cargo.我们必须要求马上换货We cannot help filing a claim against you for the invoice value and inspection charges.我们只能向贵方提出索赔,索赔额为发票金额加上检验费用We look forward to your early settlement.我方希望你们能早日理赔Please inform us of your decision on how t

11、o settle the claim. 请把贵方打算如何处理此次索赔的想法告诉我们LOGOPart TwoSteps/ContentsTypical Expressions4. Expressing your expectationWe hope that this matter can be resolved as soon as possible. 我方希望能尽快解决此事We trust that you will take the said issue into serious consideration and favor us with a prompt solution. 我方希望

12、贵方能认真考虑此事,尽快提出一个好的解决方法For letters in reply to the letters raising claimsThank you for your letter of. and it is much to our regret that we hear. 感谢贵方的来函,从函中我们很遗憾地得知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. 关于贵方日的来信,我们对信中提及的这一不幸事件深表遗憾We have received your letter of. with great regret learning that. 贵方的来函已收悉,我们非常遗憾地获悉After going into the matter we find that. 在深入调查事件后我们发现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.在立刻展开调查后,我们相信这次损失是由造成的The findings that are provided by the staff checking the damaged goods show that.对受损货物进行检查的工作人员提交了检查结果,结果显示We are arranging the

15、 replacement of. as soon as possible.我们将尽快给贵方寄去的替代品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.我们会负责对贵方的索赔进行偿付,马上付的赔偿款Therefore we find no grounds to compens

16、ate you for the loss. 因此本方认为我们没有理由赔偿贵方的此项损失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. 这个责任不应由我方,而应由承运人或保险人来承担,如果贵方需要,我方可代你们向他们提出索赔LOGOPart ThreeExpressions (1)1. put in/lodge/fi

17、le/register/make/lay/raise a claim against sb. 向某人索赔2. claim. (a certain amount of money) from. (sb.) for . (sth.) 向就索赔金额3. make a claim against. (sb.) for. (a certain amount of money) for. 向就(原因)索赔金额4. entertain/accept a claim 接受索赔5. settle a claim 理赔;进行赔偿6. survey report 检验报告7. on the strength of.

18、 因为/凭借8. on arrival of. 在到达后9. replacement goods 替换品10. cannot but 只得LOGOPart ThreeExpressions (2)11. short delivery 短量;货少运了12. short weight 短重;货不够秤13. inferior quality 质量低劣14. improper packing 不适当的包装15. A is attributable to B A是由B引起/导致的16. the time limit for claim 索赔期限17. within. days after arrival

19、 of the goods 货物到达后天内18. go into the matter 调查此事19. the survey charges 检验费20. total amount of claim 索赔总额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 .” 相当于“we noticed that .” 之所以用被动语态有两点考虑,其一是突出客观性,其二是不一味地使用主动语态以增加表达的多样性 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”意为“当着的面”或“在在场的情况下”3. on the strength of (1)一般意为“because of ”,“因为;根据;凭借”,本文中即为此意 e.g. I chose the shipping company and the insurance company on the strength of the importers a

37、dvice. 我根据进口商的意见选择了船运和保险公司 (2)有时又意为“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. 因国际买家可能会来询盘,我先了解了一下本地供应商的价格信息 LOGONotes返回Sample 21. “underwriter”即“insurer” (保险人)2. “heavy weather”意为“恶劣气候”,

38、在保险术语中指八级以上的风(即飓风) 三米以上的大浪 用 这个短语比用“bad weather”更专业 更清晰些Sample 31. the whole set of equipment for recording used for a professional recording studio 职业 摄录专用的成套录音设备2. sound mixer 混音器3. negligent packing 包装方面的疏忽Sample 41. distracted mind 走神,不专心2. recurrence n. 重复发生,再次发生LOGOPart Five1. Put the followin

39、g English into Chinese. (1)Beginning Training索赔 (1) lodge a claim(2) decline/reject a claim 拒绝赔偿 (3) survey report 检验报告 (4) on the strength of 因为/凭借 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 有资质的检验员 向保险公司索赔 要求出口方发运替换货物 运来的货物与样品不符 检验费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. 理赔 我们遗憾地通知贵方，运来的货物明显与样品不符。 由于这批货短量，我们要对卖方提出索赔。 (13) Looking forward to your early settlement of the claim.盼望你们能早日理赔。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. 兹收到贵方来函，函中要求我方对由于我们不当包装而在运输途中被弄脏了的服装进行赔偿。我方对因此事引起的不便道歉，并决定按你们的提议进行理赔。 此次索赔的对象应是承运人或保险人，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. 这份已装船清洁提单说明了当我方把货

45、物交给承运人时货物是完好无损的，因此我方没有理由接受贵方的索赔要求。 经过检验，我们惊奇地发现所有货物的质量比订货的样品要差。 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. 尽管这批货物与贵方所订的货物不完全一致，但它们质量很好，设计也吸引人，我们觉得贵方把它们处理掉并不难。53号箱的装箱单与贵方发票有差异：发票上清楚地显示了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) 短装(2) 短重 (3) 提出索赔 (4) 接受索赔short deliveryshort weightlodge a claim accept a claimLOGOPart Five1. Put the following Chinese into English. (2)(5) 检验报告 (6) 劣质产品(7) 所交之货与样品不符(8) 理赔survey report

53、 product of inferior qualitydiscrepancy between the goods delivered and the samples settle a claim(9) 货物完好in perfect conditionLOGOPart Five1. Put the following Chinese into English. (3)(10) 通过仲裁予以解决(11) 向保险公司索赔(12) 质量大受影响claim against the insurerlose a lot of qualitysettle a dispute through arbitrat

54、ion(13) 调查此事 investigate the matterLOGOPart Five1. Put the following Chinese into English. (4)(14) 提出索赔时须注意及时性原则(15) 过了索赔期限就会错失得到赔偿的机会 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) 我方向贵方就少运的300公斤茶叶提出3000美元的索赔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) 我们主张在诉诸法律之前还是尽量争取用协商的方式来解决此项争议(18) 贵方显然搞错了索赔对象,你们应向船东而不是向我们索赔 We maintain that we try to settle the