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1、Unit 12Unit 12 Complaints,Claims and SettlementComplaints,Claims and Settlement申诉、抱怨与索赔、理赔申诉、抱怨与索赔、理赔大连理工大学电子音像出版社世纪商务英语 外贸函电Basic Knowledge ConcernedLetter-writing GuideOther Commonly Used Expressions and Sentences Sample Letters Practical TrainingContentsContentsPart OnePart One The party making c
2、omplaints aims at either the improvement 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 t
3、he compensation request but also promises to deliver a better job in the future.Of course,the one who makes complaints does not always have reasonable grounds and sometimes will exaggerate the seriousness of a minor problem.Therefore the one who faces complaints needs to analyze the legitimacy of th
4、e charges using rational thinking of both business and ethics,and then respond in an appropriate manner.1.The Purpose of Making ComplaintsPart OnePart One Generally there are three types of claims,namely,the trade claim,the transportation claim and the insurance claim.The trade claim is based on a s
5、ales contract between the two parties and is lodged by one party who suffers losses due to another partys violation of the contract.The buyer is likely to file a claim against the seller for the latters delivery of goods of inferior quality.And the seller might also claim the compensation from the b
6、uyer for the latters failure of opening an L/C before a contracted date or for not booking the vessel timely in FOB term.The transportation claim is raised by the shipper/consignor or owner of the shipped goods against the carrier.When,for instance,the cargo shipped is found with damages or imperfec
7、tions after its arrival at the port of destination while the original Bill of Lading issued by the carrier indicates the word of“Clean”,such a claim will then be lodged.Another typical reason for this kind of claim is the shortage of goods compared with the volume in the B/L.2.The Different Types of
8、 Claims (1)Part OnePart One The insurance claim takes place after the insured goods are damaged or lost due to the factors,which are called risks when they have not been turned into reality,that the insurer promises to insure against.Under such circumstances,the insured should contact,without delay,
9、the insurance company,submitting evidence and the required documents,and make a claim.The insurer would generally go into an investigation and then decide how to settle the claim based on the findings.2.The Different Types of Claims (2)Part OnePart One Being timely is the Number 1 principle of makin
10、g a claim by letter.It is usually stipulated in a contract that a claim should be made within a certain time limit or it will be viewed as invalid.As to transportation and insurance claims,relevant laws and rules have the similar regulations.Being courteous is important.Strong emotion does not help
11、in making your claims acceptable.Your firm attitude furnished with appropriate tone and wording of courtesy will definitely help reach the settlement without putting others into embarrassment or even anger.Being specific is also essential in writing such a letter.The writer needs to be specific in t
12、he facts of damage or losses,the reasons why the receiver of the letter should be responsible,as well as the proposed settlements.Meanwhile,being accurate in citing the supporting materials e.g.words in the contracts signed or documents related,goes hand in hand with the above principle.Even minor m
13、istakes in quotation will make your statements inconsistent and unnecessarily put yourself into an unfavorable position.3.The Principles of Writing a Letter for ClaimPart TwoPart TwoSteps/ContentsTypical ExpressionsFor letters raising claims1.Lodging a claim with regret.We regret to say that we need
14、 a claim on (我们遗憾地说我们要对货物索赔。)We really dont want but it is necessary to make a claim for the huge losses we suffered against (我们真的不想，但面对所遭受的这么大的损失我们只得向索赔。)Much to our regret,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。)2.Clarifying the reasons.The survey report issued by evidences that
15、 (由出具的检验报告证明了)We have invited licensed surveyors to check the consignment of and discovered that (我们请了有资质的检验员来检验了这批货，结果发现)Part TwoPart TwoSteps/ContentsTypical ExpressionsThe goods supplied do not match the samples you sent to us.(你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.
16、(这些产品的质量并没有达到我们所订产品的质量标准。)3.Proposing how to settle the claim.On the strength of the survey report we hereby lay a 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.(
17、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。)4.Expressing your expectation.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 to settle the claim.(请把贵方打算如何处理此次索赔的想法告诉我们。)Part TwoPart TwoSteps/ContentsTypical ExpressionsWe hope that this matter can be resolved as soon as p
18、ossible.(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.(我方希望贵方能认真考虑此事，尽快提出一个好的解决方法。)For letters in reply1.Acknowledging the receipt of the incoming letter and expressing your regrets for what being complained about.Thank you fo
19、r your letter of and it is much to our regret that we hear(感谢你方日的来函，从函中我们很遗憾地得知)With 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 (贵方日的来函已收悉,我们非常遗憾地获悉)Part TwoPart TwoSte
20、ps/ContentsTypical Expressions2.Talking about the results of the investigation.After going into the matter we find that (在深入调查事件后我们发现)Based 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
21、 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)3.Indicating the solution of settling the claim.We are arranging the replacement of as soon as possible.(我们将尽快给贵方寄去货物的替代品。)We shall be responsible for the compensation you claimed and make payment to you for at once.(我们会负责对你方的索赔进行偿付，会马上付金额的赔偿款。)Pa
22、rt TwoPart TwoSteps/ContentsTypical ExpressionsTherefore we find no grounds to compensate 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
23、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。)Part ThreePart ThreeExpressions (1)1.lodge/file/register/make/lay/raise a claim against/with/on sb.向某人索赔 make a claim against sb.for (money)for；claim (money)from sb.for sth.就原因向某人索赔金额2.resort to a lawsuit 诉诸法律，提出诉讼3.entertain/accept/meet/a claim 接受索赔4.decline/r
24、eject a claim 拒绝索赔5.settle/adjust a claim 理赔；进行赔偿6.survey report 检验报告7.on the strength of 因为，凭借8.on arrival of 在（货物）到达后9.replacement goods 替换品10.make up th loss 弥补损失Part ThreePart ThreeExpressions (2)11.short delivery 短量；短货，货量不够 short weight；shortage in weight 短重；货不够秤12.inferior quality 质量低劣13.impro
25、per packing 不适当的包装，不良包装14.A is attributable to B；attribute A to B A是由B引起/导致的15.the time limit for claim 索赔期限16.licensed surveyor；qualified surveyor 有资质的检验员17.go into/look into/investigate the matter 调查此事18.the survey charges；inspection charges/fee 检验费19.total amount of claim 索赔总额20.in perfect condit
26、ion (货物)状态良好Part ThreePart ThreeTypical Sentences (1)1.Sentences used for raising complaints or claims (用以提出申诉或索赔的句子用以提出申诉或索赔的句子)(1)After inspection the goods shipped are found not in conformity with the sample you sent to us.(2)The discrepancy between the goods shipped and the original sample is un
27、acceptable since the S/C stipulated the term of“sales by sample”.(3)The packing inside the case was too loose with the result that there was some shifting of the contents and several cups and plates have been broken.The attached list will give you details.(4)We are entitled to register a claim for a
28、t least 30%of the invoice value for inferior quality against the exporter.(5)Short weight is what the claim is for.We have no choice but to fine a claim on you,which we hope will receive your prompt attention.Part ThreePart ThreeTypical Sentences (2)(6)We insist that you compensate the sum of our lo
29、sses which were due to your improper packing.(7)We hope you can understand that we would not have lodged the claim if we could afford to carry the loss.If the claim is not resolved in the near future we will be compelled to resort to a lawsuit.(8)We regret that we have to cancel our order because of
30、 the inferior quality of your products.We ask you to cover any loss which might be caused as a result of the cancellation of the order.(9)Your shipment of our Order No.298 has found short-weight by 1,000 kgs.,for which we must file a claim amounting to$800 plus inspection fee.(10)Upon examining the
31、goods,we discovered to our surprise that they were altogether inferior in quality to the samples on which basis we placed the order.Part ThreePart ThreeTypical Sentences (3)2.Sentences used for replying to complaints or claims(用以答复申诉或索赔的句子用以答复申诉或索赔的句子)(1)We were very sorry to receive your complaint
32、that the material you received was not of the quality expected.(2)After looking into the matter,the surveyors find that the damage was caused by rough handling at the dock.(3)The goods you are claiming damaged were in perfect condition when they left the loading port,as can be evidenced by the B/L i
33、n which is printed the word“clean”.(4)The claim must be lodged within 45 days after the arrival of the consignment at the destination port and accompanied by a survey report for sellers reference.5.Your claim is not acceptable because the date,July 31st,2010,when you raised it has passed the time li
34、mit for a claim as stipulated in the contract Number 123.6.To settle your claim,we agree to make a reduction of 20%of the invoice value,which we think can make up your loss.Part ThreePart ThreeTypical Sentences (4)(7)We are most anxious to compensate you for the shortage in weight mentioned in your
35、letter of July 13 by offering you an allowance of 5 percent.(8)We will proceed to settle the claim by arbitration should you not accept our proposed solution,which is our maximum concession.(9)The goods are of good quality and in attractive designs,though they are not the very ones you ordered,and w
36、e think you will have little difficulty in disposing of them at our price.Part FourPart Four Sample 1 (1)The Buyer Asking the Seller to Lodge an Insurance ClaimMacdonal&Evans Co.,Ltd.58 Lawton Street,Seattle,USATel:1206-3456789 Fax:1206-2345678E-amil: July 25,2010 Wang JieGuangdong Textiles Products
37、 Import&Export Corporation123 Dongfeng Road,Guangzhou,China Dear Ms.Wang,The shipment of mens shirts arrived yesterday and it was noticed that1 part of the cartons were wet.We immediately had all the consignments examined by a local qualified surveyor with the presence of2 the shipping companys repr
38、esentative.Part FourPart Four Sample 1 (2)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 wrapping a shirt.4 Therefore 60 dozen shirts have been soaked by sea water and
39、 have lost a great deal of quality5.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 file a claim against the insurer at once?Enclosed with this letter please find
40、 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 situation on our behalf.Yours Sincerely,Oscar EricsonOscar EricksonManager Part FourPar
41、t FourGuangdong Textiles Import and Export Corporation123 East Dongfeng Road,Guangzhou,ChinaTel:020-12345678 Fax:020-23456789 E-mail July 28,2010 Macdonal&Evans Co.,Ltd.58 Lawton Street,Seattle,USADear Mr.Oscar EricksonYour letter of requesting us to claim against the underwriter on the shirts spoil
42、ed by sea water has been noted and we are willing to do it immediately.Reply to the Sample 1Sample 2(1)Part FourPart FourAccording to the survey report and the statement of the carriers agent the loss was caused by heavy weather1 in transit,which lies exactly within the responsibilities of WPA again
43、st 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,July 29th,2010.We shall keep you informed should any progress of the claim be made.Yours Sincerely,Wang JieWang JieSam
44、ple 2 (2)Part FourPart FourCarrol Machinery Trade Co.P.O.Box 657,Lagos,NigeriaTel：2341-2531457 Fax：2341-3254768 E-mail:May 18,2010Dongfang Foreign Trading Co.Ltd.32 Wuyi RoadChangsha,Hunan,ChinaDear Mr.Hu,The shipment of our order No.231 for the whole set of equipment for recording used for a profes
45、sional recording studio1 has been duly received.Thanks for your prompt delivery.Sample 3(1)Importer Requesting Replacement of Damaged GoodsPart FourPart FourEverything seemed perfect and amicable2 before the case No.23 was unpacked.This case contained a sound mixer3,the essential part of the whole s
46、ystem.Much to our regret,due to the improper packing the mixer was damaged to such an extent that it is totally unusable.We hereby enclose 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
47、 workable,we must request your immediate replacement of it.Awaiting your favorable reply as soon as possible at your earliest convenience.Yours faithfully,Gillian Reeve,Gillian ReeveSample 3 (2)Part FourPart FourDongfang Foreign Trading Co.Ltd.32 Wuyi RoadChangsha,Hunan,ChinaTel：86-0731-4567893 Fax：
48、86-0731-5332547 E-mail:May 22,2010Mr.Gillian Reeve Carrol Machinery Trade Co.P.O.Box 657,Lagos,Nigeria Dear Mr.Gillian ReeveWe acknowledge with thanks the receipt of your letter asking for the replacement of the damaged sound mixer.Sample 4 (1)Reply to the Letter of Sample 3Part FourPart FourAfter g
49、oing into the matter quickly it was determined that the error was from the distracted mind1 of a certain staff packing the goods.We regret the operation negligence2 and have already dispatched a new mixer to you this morning with the hope that the installation of the recording system in your studio
50、will not be delayed too much.We apologize again for the inconvenience incurred and would like to assure you that the recurrence3 of similar mistakes will be avoided in the handling of your future orders.Yours faithfully,Hu Xinhua,Hu XinhuaSample 4 (2)Part FivePart Five1.Put the following English int