Project 11Project 11Project 11Project 11

Complaints and Claims

1. Make Complaints

2. Settle Complaints

3. Make Claims

4. Four Ways of Settling claims

5. Declining claims

Main & Difficult Points

The claim usually happens in the followingsituations :

1. the seller’s failure to deliver the goods2. late deliver or shipment of the goods3. the goods’ inconformity with the contract

stipulation4. incomplete documentation 5. damages caused by improper packing6. the buyer refuse or delays opening an L/C7. delaying sending a vessel to carry the goods under

FOB terms8. refusing to take delivery of the goods

HOW?HOW?

A letter aiming at claims ad settlement usually consists of following steps:

1. notification your client what happened to the goods;

2. notification why this problem happened and what kind of trouble was made;

3. Lodging a claim ;

Writing StepsWriting Steps

2-2 Sample Letters2-2 Sample Letters

• 2-2-1 Layout of claim

Dear Sirs,

Our Order No. 5789

We have just received the Survey Report from Beijing Commodity Inspection Quarantine Bureau evidencing that the captioned goods unloaded here yesterday was short-weight 2,000 kg.

A thorough examination showed that the short weight was due to

1. 称呼

2. 事由 : Order No.57893. 正文 :告知对方所发生的问题和该问题发生的原因以及带来很大的不便，提出索赔。

the improper packing, for which the supplier should be definitely responsible.

On the basis of the Beijing Commodity Inspection Quarantine Bureau’s Report, wehereby register a claim with you for USD250 in all.

We are enclosing the Survey Report No.225 and look forward to settlement at an early date.

Yours faithfully,

John Smith 5. 结束敬语

6. 签 名

1. Survey Report 检验报告

2. Commodity Inspection Quarantine Bureau 商品检验检疫局

3. evidence v. 证明

4. short weight 重量不足，分量不够，缺斤短两

5. due to 由于，因为 This is due to the fact that with so many orders coming in from abroad, we are running short of stocks at present.

Language Points

6. register (lodge, file, raise, make, put in…) a claim against sb. for sth.

为某事（物）向某人提出索赔 For only a relative small premium, the seller would be able to l

odge a claim against the liable party.

7. improper packing 包装不当

• 2-2-2 Sample Letters

Claim for inferior Quality

Dear Sirs,

The Bisect Five-Color Printer under Order No.AB-90 reached us on March 2, but by the end of March, the machine has broken down five times.

We enclose Survey Report No. 2236 issued by the Guangzhou Commodity Inspection Bureau certifying that the quality of the above goods is much inferior to the standard.

Apparently, the machine is defective. We bought

Sample Letter 1

the machine on the basis of your company’s reputation for quality. Now we can not permit the interruptions caused by repeated breakdowns. We want you to replace it with a new one.

We trust you will settle this claim promptly and please inform us when we can expect delivery of the replacement.

Yours faithfully,

XXX

1. certify v. 证明

2. be inferior to 比某物劣等1) 你方发的第三批订单质量要低于第一批订单 The quality of the goods you shipped against our third order is muc

h inferior to that of the goods of the first order.

3. defective adj. 有瑕疵的

4. reputation n. 声誉1 ）我方相信商业信用良好的供应商 We are convinced of the commercial reputation of the supplier.

Language Points

5. Interruption n. 中断，打断

6. repeated breakdown 持续的故障

7. settle a claim 理赔

Settlement of the Above Claim

Dear Sirs,

We have received your letter of April 5, and must apologize for sending you goods inferior quality. You have mentioned you bought the machine on the basis of our company’s reputation for quality, and we appreciate it. In fact we have always prided that our quality control is second to none, however, we certainly seem to have slipped badly with your consignment.

To put the matter right, we will send replacement on board S.S. “Taihe”, which is sailing directly to London

Sample Letter 2

on April 25.

We apologize for the trouble caused to you and assure you that all possible steps will be taken to avoid such mistakes happening again.

Yours faithfully,

XXX

1. pride vt. 使自豪 pride oneself upon/on1 ）我方以我们产品的高质量感到骄傲。 We pride ourselves on the superior quality of our products.

2. second to none 首屈一指1 ）我们产品质量控制首屈一指 Our quality control is second to none.

3. slip with sth. 对某事物犯错误1 ）很抱歉，在处理首批货物上，我们出现了失误。 We are regretted that we have slipped badly with the first shipment.

Language Points

4. put … right 纠正…错误，使…恢复正常1 ） 我方将尽最大的努力纠正错误 We shall do all we can to put matters right.

5. take steps 采取措施 1 ）我方将采取措施补偿损失 We will take steps to compensate the caused losses.

6. per S.S. Abbr. steam ship 蒸汽船，货船1) 这批货由东方号 3 月 23 号装运。 The shipment have effected per S.S. “Eastern Star” on Mar.

23.

Claim for Improper Packing

Dear Sirs,

We regret to inform you that Glass-Sheet covering our Order No.9690 reached us yesterday in an unsatisfactory condition that we have to claim against you. On examination we have found that the packages had been broken. It was obviously attributed to improper packing. As to details, we refer you to the Survey Report No.790 enclosed.

We have to repack them before delivery to our customers, which resulted in extra expense amount to USD 550. We expect compensation from you for this

Sample Letter 3

and should like to take this opportunity to suggest that special care should be taken in your further deliveries. Yours faithfully,

XXX

1. attribute to 由于，归因于1) 在这个事件中，我们认为货物受损是由恶劣天气引起的。 In this case, we have to attribute to deterioration to our goods to the bad weather.

2. as to 关于1) 关于支付方式，我们可以晚一点讨论。 As to the payment terms, we will discuss it lately.

3. amount to 共计1 ）额外的保险费共计 10 ， 000 美元。 Additional premium will amount to USD10,000.

4. compensation 赔偿

Language Points

Settlement of the Above Claim

Dear Sirs,

We have received your letter of May 27, informing us that the Glass-Sheets we shipped to you were damaged on account of improper packing.

Upon receipt of your letter, we have given to this matter our immediate attention. After studying your Survey Report, we believe that the damage was owing to rough handling. We are not responsible for the damage. We think you claim on the steamship company.

Yours faithfully,

XXX

Sample Letter 4

1. On account of 由于1) 由于我方的忽视，在开立信用证时出了一些错误。 On account of our oversight, we have made some mistakes in the establishment of the letter of credit.

2. rough handling 粗暴搬运

3. be responsible for 对…负责1) 我方对这次由于我们忽视引起的损失负责。 We will be responsible for your losses caused by our oversight.

Language Points

Claim against a Insurance Company

Dear Sirs,

We are holders of Insurance Policy No.5678 issued by your company on 1,000 cases of toys valued at USD15, 600. The ship encountered heavy weather, and 150 cases were damaged by sea water. We are enclosing the Survey Report, also the Policy, which is against W.P.A.

Your prompt attention will be appreciated. Yours faithfully,

XXX

Sample Letter 5

1. value at 价值为1) 整批货价值 15 ， 000 ， 000 美元 The whole shipment is valued at USD 15,000,000.

2. encounter 遭遇1 ）黄河号几天之前遭遇了暴风雨。 S.S. “Yellow River” encountered the storm several days.

Language Points

Claim against a Shipping Company

Dear Sirs,

1,000 sets of Color Televisions under Order No. 2267 per S.S. “Yellow River” on June 12 arrived here yesterday.

On examination, we have found that many of the Color Televisions are severely damaged.

Considering this damage was due to improper packing by the exporter, we claimed on them for recovery of the loss; but an investigation made by the surveyor has revealed the fact that the damage is attributable to the rough handling. For further particulars, we refer you to the surveyor’s report

Sample Letter 1

enclosed.

We are therefore, compelled to claim on you to compensate us for the loss, US$80,000, which we have sustained by the damage to the goods.

We trust that you will be kind enough to accept this claim.

Yours faithfully,

XXX

1. recovery n. 恢复1 ）赔偿工作已经全面开展。 All the steps are taken for recovery of the losses.

2. attributable adj. 可归因于，可归属于1 ）货物受损是由于不当包装造成的。 The damage is attributable to improper packing.

3. for further particular 为了解详情3 ）详情请参见 1234 号合同的详细条款。 For further particular, you can refer to special provision on Contract No.1234.

Language Points

4. compel v. 强迫，迫使1) 任何事情都不能阻止我方与你方建立业务关系。 Nothing can compel us to give up developing business relations with you.

5. compensate v. 偿还，补偿，付报酬1)如果货物受损是在承保范围之内，那么投保人就可以向保险公司提 索赔。 In the event that loss of damage occurs due to an insured risk, then the insured will e properly compensated by the insurance company.

6. sustain v.遭受，蒙受1 ）我方不得不要求你方为我们所受损失负责。 We have to hold you responsible for the loss we have been made to sustain.

Dear Sirs, Re:With reference to your order of 2000 metric tons of sugar under our S/C No.134, we take pleasure in informing you that

Please see to it that

Please effect insurance in compliance with our request and we await your shipping advice.Yours faithfully,John Smith

•2-3 Simulation of Writing Letters

1. 称呼2. 事由 :S/C No.1343. 正文 : 关于你方 S/C No.134 的 2000公吨糖，现通知你方：我们已向新加坡中国银行开立了保兑的、不可撤销的第 798 号信用证，金额为 12,000,000 美元，有效期至 7 月 25日为止。请注意货物必须在 7 月 25日前装运，保险必须按发票额的 120%投一切险。按照你们的惯例 , 你们只按发票额另加 10%投保，因此额外保费由我方负担。

4. 结束礼词

5. 签名

we have established the confirmed, irrevocable L/C No.798 with China of Bank in Singapore for USD12 million, remaining valid until July 25th. the shipment should be

effected before July 25th, and covered against all risks for 120% of the invoice value. And as your usual terms, you will only insure for 10% plus the invoice value, therefore, all the additional premium will be on our accounts.

S/C No.134

• 4-5-5 Practicing

Part1 Words and ExpressionsThis part is to practice your ability to use words andphrases correctly

Ex1. Translate the following terms and expressions

A． into Chinese

1 survey report2 unexpected events3 certificate of quality4 Entry-Exit Inspection and Quarantine Bureau5 convey their apologies6 complain about7 take up8 application for Arbitration9 declaration form10 take delivery of

1. 检验报告2. 意外事件3. 质检书4. 出入境检验疫局5. 传达他们的谦意6. 抱怨7. 着手处理8. 仲裁申请书9. 申报单10.提货

B. into English

1 向某人索赔2 给某人造成很大麻烦3 投入正常使用期4 索赔表5 纠正 ...... 错误6 检验人员7 承担全部责任8 接受索赔9 质量差10 弥补损失

1. lodge a claim against sb.2. put sb. in no small trouble3. put into regular service 4. claim form5. put......right6. surveyor7. accept full responsible for 8. accept a claim9. inferior quality10.cover the loss

Ex2. Fill in the blanks with the words or phrases given in the box

1. We have been transacting _____ John Smith &Co. for more than 30 years. 2. We should be pleased to finalize the first transaction with you but you shoul

d help us ______bringing down your price.3. The inferior quality of your shipment causes us to ____the claim 4. As there is no direct sailing to your port, the shipment has to be delayed ___

_next month.5. We cannot bear the responsibility for late delivery and you should submit y

our _______to the shipping company.6. Our customers prefer Art. No.468________Art. NO.469 as the former is sellin

g quickly here.7. Amicable _________ of a dispute is preferable to a law suit.8. We have no_________ but to ask for compensation to cover our loss.9. We regret that we cannot reach an agreement on our claim and therefore ca

nnot but______ the case to arbitration.10. Though the insurance is effected by us, please raise your claim to the PIC

C’s agents at your end who will _____ to the matter.

settlement, claim, refer, with, to, lodge, alternative,

compensation, attend, until with

bylodge

until

claimto

settlement

alternative

refer

attend

Ex3. Choose the best answer to complete each of the following sentences

1. The packing are insufficient and the ____leak out considerably. A inside B material C goods D contents 2. A close inspection and a careful test by Shanghai Entry-Exit Inspect

ion and Quarantine Bureau showed that some amplifiers( 扩音器 ) are ____damaged.

A. badly B. bad C. perfect D. well 3. Much to our astonishment ,nearly 30% of the electronic componen

ts ___water stained. A. find B. found C. were found D. have found4. The damage to the machine tools occurred ___transit, so you shou

ld lodge a claim against the insurance company. A. at B. in C. for D. with 5. Considering our good relations, we are prepared to allow you 5% _

___the original price. A. off B. reduction C. low D. lower than

D

A

C

B

A

6. We have a clean bill of lading to prove that the goods were received by the carrier in ____condition. Therefore, they must have been damaged route. A. badly B. terrible C. well D. perfect7.It would be unfair if the loss be totally imposed on as the liability rests ___both parties .But we are ready to meet you half way, i.e. to pay 50% of the loss only. A. with B. against C. for D. of 8. You can approach ___the insurance company ___the shipping company for claim ,as the liability rests with them A. neither, nor B. both, and C. either, or D. either ,nor 9. We are heavily ___at the moment, and we regret we cannot advance shipment of your order. A. committed B. crushed C. burdened D. promised10.Our goods have been weighed carefully before shipping and we have ____that full weight was delivered A. certificate B. document C. evidence D. inspection

D

A

C

A

C

Ex4. Put in the missing words

Dear Sirs,

We have just received the ______ Report fromBeijing Commodity Inspection Bureau, which_______ that the above goods unloaded here onOctober 12 was short weight 1,620KG. A thorough______ _ showed that the short weight was_______ to the improper packing, for which thesupplier should be definitely _____ __. On the______ of the BCIB’s Survey Report, we hereby ____ aclaim ______ you ______ USD 700.00 at all.

We are enclosing the Survey Report No. 2236 and lookforward to ____ _ at an early date.

Yours faithfully,

xxx

Survey

evidence

examinationdue

responsiblebasis lodge

against for

settlement

Part 2 Sentences This part is to test your ability to make sentences correctly. Ex5. Identify one error in each of the following sentences and then try to correct it.

1. After checking the goods against your invoice, we

discovered a considerate shortage in number.

2. Now neither have we received from you any opinion, nor have you execute your duty under the contract.

3. We believe that this is the most advantage solution to you.

4. As far as I know ,they are prepared to make you a compensate.

5. It would not be fair if the loss be totally imposed with us

considerable

heard

advantageous

compensation

on

6. It was found that the Case 16 had been sent to you for mistake.

7. Upon examination we found that the goods do not agree with the original samples.

8. We claim for shortage in weight and inferior quality to the consignment of wheat shipped per S.S “Peace”.

9. It is the first case in all these years when we have caused you to complain about.

10.We shall lose time in inspecting the goods from abroad at our port prior to the expiration.

by

to

on

that

no

• Ex6. Choose the correct translation for Group A from Group B

A B

1. In view of the long-standing business relations between us, we wish to settle this dispute amicably.

2.We consider that the suppliers are responsible for the short weight because 30 bags were found broken when unloading.

3.The 200 Coffee Sets supplied to the Order No.590 were delivered yesterday, but we regret that 25 sets were badly damaged.

4.We are sorry to learn from your letter of June 2 that the products we delivered are not up to the samples, and we are sure to make immediate adjustment.

5.We regret very much that it is necessary to complain about the non-delivery of the 2 ， 500 metric tons of groundnuts under Contract No.1580.

a. 我们认为供应商应该为短 负责任，因为我们在卸货

现 30 只破包。

b. 十分遗憾从你方 6 月 2 号的信

中得知，我公司所交产品与样 品不符，就此我们将立即给予 纠正。

c. 我公司第 590 号订单下的 200 套咖啡餐具昨天收到，但遗 的是其中有 25 套受损严重。

d. 鉴于你我双方长期的业务关 系，我们希望友好解决争。

e. 我们深感遗憾我们必须就第 1580 号合同下 2500 公吨花未交货一事提出申诉。

Ex7. Complete the following sentences with the expressions given.1. 合同中规定索赔要在货物到达目的地之后立即提出。 (stipulate)

2. 对于运输途中损坏的货物，我们将向保险公司索赔。 (lodge a claim)

3. 货到后我们立即进行了检验，发现短重 500 公斤。 (shortage)

4. 我公司对产品质量一向严格控制 , 因此 , 到现在为止我们还没有收到客户投诉。 (complaint)

5. 他们坚持卖方应该用完好无损的货物替换有瑕疵的货物。 (replace)

It is stipulated in the contract that claim must be raised immediately after the arrival of the goods at the destination.

We shall lodge a claim against the Insurance Company for the goods damaged during transit.

We had the goods inspected immediately when they arrived, and a shortage of 500kilos was found.

We always exercise strict control over the quality of our products. As a result, we have not received any complaints from our customers so far.

They insist that the sellers should send perfect goods to replace the defective goods.

Ex8. Translate the following into Chinese

1. On examination we found that the goods do not agree with the original samples.

2. Under these circumstances, we trust you will take it as a fair and reasonable solution to the matter and accept it.

3. Sellers shall not be held responsible for any delay in delivery if it is caused by Force Majeure.

4. Buyers agree to withdraw their claim on condition that you make them an offer for an equal quantity at a special price.

5. Although the quality of these goods is not up to that of our usual lines, we are prepared to accept them if you will reduce the price.

检查时我们发现商品和样品不一致。

在这种情况下，我们相信贵方会把它看作是个公平合理的解决办法并加以接受。

由于不可抗力造成的交货延误，卖方对此不承担责任。

如果你们以特别价格向他们报同样数量的盘，买方同意撤回索赔。

尽管货物质量没有达到我方已往的产品质量标准，但如果你们愿意降价，我们还会接受。

Part 3 Letters WritingThis part is to test your ability to do practical writing.

Ex9. Translate the following letterA. into Chinese

Dear Sirs,We are very sorry to know that 10 sets of washingmachines were damaged due to broken packages. However itis not our fault. Firstly, the cases we used for packing washing machines arespecially made for export, as you may see that they are all labeled“Export Packing” by the authorized surveyor. Secondly, the clean billof lading proves fully the goods in question were loaded in perfectcondition. Therefore, it is clear that the damage to the wooden caseshas been caused by rough handling on voyage or when unloading atyour port. Under such circumstances, we can not be held responsible forthe damage. As the shipment is covered against All Risks, we wouldrather advise you to file the claim with the insurance company assoon as possible. We would of course do anything on our power tohelp you in your insurance claim. Yours faithfully, xxx

致启者： 我们十分遗憾地得知有 10台洗衣机因木箱损坏而受损。可这并非我们的过错。首先 , 我们用以装运洗衣机的木箱是为出口特制的，你们可以看到箱子上有指定的检验员签发的“出口包装”的标签。其次，这批货物签发的清洁提单中完全证明装运时状况良好。因此，显而易见，木箱的损坏是由于运输途中或在你们港口卸货时的粗暴搬运所造成的。鉴于此，我们不能为此负责。由于此货投保了一切险，我们建议你方立即向保险公司提出索赔。当然 , 我们会尽力协助你们进行索赔。

某某谨上

B. into English

执事先生 : 我方第 CF203 号订单项下之罐装水果已于昨抵达。经检验我们发现质量与样品相差甚远，无食用。我方检验机构天津出入境检验检疫局立即人对货物进行了复检，并认为水果变质是由于所原料品质低劣而造成的。这给我们造成了巨大的损失，为此我方不得不向你索赔 5000美元。请尽予以赔偿并保证此类事件不再发生。 某某谨呈

Dear Sirs,

We are here to inform you that the canned fruits under our Order No.CF203 arrived us yesterday. Upon their arrival, we found that thequality is far below the samples and the fruits are no longer suitablefor consumption. We immediately had them re-inspected by oursurveyor, Tianjin Entry- Exit Inspection and Quarantine Bureau. Ourexperts are of the opinion that it was the inferior material used thatcaused the deterioration. This has caused us a great loss. Therefore,we shall ask for a compensation of US$5,000.

Please compensate it as soon as possible and guarantee that similarincidents will not occur again.

Yours faithfully ，xxx

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