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Unit 14 Claim and Settlement 索赔与理赔. 14.1 Introduction (简介) 目的:掌握在发生损失时,如何进行索赔和理赔信函的处理。 在合同的执行过程中,签约双方应该严格履行合同义务。任何一方如果不能履 约就会给另一方带来麻烦,有时还会使另一方遭受经济损失。一旦发生这种.

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Presentation on theme: "Unit 14 Claim and Settlement 索赔与理赔. 14.1 Introduction (简介) 目的:掌握在发生损失时,如何进行索赔和理赔信函的处理。 在合同的执行过程中,签约双方应该严格履行合同义务。任何一方如果不能履 约就会给另一方带来麻烦,有时还会使另一方遭受经济损失。一旦发生这种."— Presentation transcript:

1 Unit 14 Claim and Settlement 索赔与理赔

2 14.1 Introduction (简介) 目的:掌握在发生损失时,如何进行索赔和理赔信函的处理。 在合同的执行过程中,签约双方应该严格履行合同义务。任何一方如果不能履 约就会给另一方带来麻烦,有时还会使另一方遭受经济损失。一旦发生这种 情况,受损方有权根据合同规定要求责任方赔偿或是采取补救措施。受损方 所采取的这种行动称之为 “ 索赔 ” ( Claim );责任方就受损失一方提出的要求 进行处理,叫做 “ 理赔 ” ( Settlement )。 在书写索赔及理赔信函时,应注意以下几点: ( 1 )迅速及时。 ( 2 )详细明确。 ( 3 )语气婉转。

3 14.2 Writing Skills (写作技巧) 索赔信函的写作步骤及常见表达方式: 写作步骤表达方式 ( 1 )对货 物提出索赔, 并表示遗憾 Much to our regret, about… (对提出 …… 表示遗 憾。) We regret to say that … (我们很遗憾地告 知 …… 。) ( 2 )说明 要求索赔的 原因 We have just received the Survey Report from…evidencing that… (我们已经收到由 …… 开来的检验报告,证明 …… 。) We immediately invited qualified surveyors to the spot to look into the case, and their findings show that … (我们立即邀请专业检验人员到现 场检查,结果表明 …… 。)

4 ( 3 )说明由 此而造成的不 便,并请求对 方解决 The inferior quality of…causes us considerable difficulty and it is hard for us to dispose of it. (该货物品质不良给我们带来相 当大的困难,使得我们很难处理。) ( 4 )提出解 决索赔的建议、 办法或要求 We must ask you to arrange for the dispatch of replacements at once. (我们要求你方必 须立即替换货物。) We think we can reserve the right to lodge a claim against you for the loss we have suffered. (我方保留对你方给我们造成的损 失提出索赔的权利。) On the basis of the Survey Report, we hereby register a claim with you for…in all. (以检验报告为依据,我们在此向你方提出 总金额为 …… 的赔偿要求。)

5 ( 5 )表示 希望对方及 时解决或告 知处理办法 We are awaiting your prompt reply. (盼即复。) We are enclosing the Survey Report and look forward to settlement at an early date. (我们随 函附寄了检验报告,希望你方能够尽快解决。) We would like you to inform us of what you decide to do regarding our losses. (对于我方的 损失,请贵公司告知你方的处理办法。)

6 回复索赔信函(索赔有理由情况下)的写作步骤及常见表达方式: 写作步骤表达方式 ( 1 )对该索赔 事件表示遗憾 Thank you for your letter of…, but it was with great regret that we heard … (感谢贵公 司 …… 日来函,我们对 …… 事件深表遗憾。) With reference to your claim for…, we wish to express our much regret over the unfortunate incident. (对于你方就 …… 问题的索赔,我们 对此不幸事件表示十分遗憾。) ( 2 )说明正在 对索赔事件进行 调查 On going into the matter we find that … (经对 此事件的调查,我们发现 …… 。) After a check-up by our staff, it was found that…, thus resulting in…, for which we tender our apologies. (经过我方人员的核查 后发现由于 …… 问题而导致 …… ,对此我们致 以歉意。)

7 ( 3 )表示 将对该索 赔事件采 取解决措 施 We have arranged…at once. (我们立即采取 …… 解决办法。) In view of our long-standing business relations, we will make payment for…into your account. (鉴 于我们之间长期的业务关系,我们将支付 …… 金额 款项给你方作为赔偿。) ( 4 )对于 给对方带 来的不便 表示歉意 We regret the inconvenience you have sustained. (对于你方所承受的不便,我方深表歉意。) Please accept our apologies for the trouble caused to you. (对于给贵公司带来的不便,请接 受我们的歉意。)

8 ( 5 )表示希望 此种解决方式能 让对方满意 We trust that the arrangement that we have made will satisfy you. (相信我们的 安排将会使你方感到满意。) 回复索赔信函(索赔没有理由情况下)的写作步骤 及常见表达方式: 写作步骤表达方式 ( 1 )表示收到 对方 …… 日索 赔信函感到遗 憾或惊讶 We feel deeply sorry that…in your letter of… (贵公司 …… 日来函收悉,对于 …… 事件, 我方深表遗憾。) We are sorry to learn from your letter of… (对于你方 …… 日来函,我方深表遗憾。)

9 ( 2 ) 经过调 查发现 该事件 另有原 因 After going into the matter carefully we estimate that…might be due to… (经过认真调查,我们估 计 …… 事件可能是由于 …… 原因所致。) We can assure you that the goods in question were in perfect condition when they left here. We have the clean B/L to support what we say. Maybe the damage complained of must have occurred in transportation. (我们保证该批货物发货时状况良好,有清洁提单证 明。由此,该损害可能是在运输过程中产生的。) ( 3 ) 表示该 损失应 由其他 当事人 承担 The responsibility should rest with either of the parties concerned. (对此损失应该由相关任何一方当 事人负责。) This being the case, we would like to advise you to claim on the shipping company who should be held responsible. (对此情况,我们告知你方应向船运公司 索赔,应该由其负责。)

10 ( 4 )对该损 失再次表示遗 憾或提出拒绝 赔偿 Consequently we find no ground to compensate you for the loss. (由此, 我们没有理由向你方赔付。) We think we are apparently not liable for the damage. (显然,我们不应对 此损失负责。) At any rate, we deeply regret about the unfortunate incident. (无论如何, 我们对此不幸事件深表遗憾。

11 如果未能对索赔进行及时、有效的处理,则应立即告知对方 信已收到,并说明正在调查此事,以后会给出充分的答复。 回复此类索赔信函的写作步骤及常见表达方式: 写作步骤表达方式 ( 1 )表示收到对 方 …… 日索赔函感到 遗憾或惊讶 We are very surprised to learn from… (对于 …… ,我方深表惊讶。) ( 2 )表示要对此事 件进行澄清或说明 We want to have the problem clarified without any delay. (我们希 望毫不延迟地澄清此问题。)

12 ( 3 )表示正在 调查此事 We have sent our representative to your end to investigate the matter in detail. (我 们已经派代表到你处详细调查此事。) ( 4 )表示将会 给对方合理的 答复 You may be assured that the matter will be settled in a reasonable manner to our mutual benefits. (请相信我方将以互利的方 式合理地解决此事。)

13 14.3 Specimen Letters (样函) Letter 1 : Claim on wrong goods Dear Sirs, Re: Our Order No.123 We duly received the documents and took delivery of the goods on arrival of s/s Prince at Hamburg. We thank you for your prompt execution of this order. Every thing appears to be correct and in good condition except in case No.3. Unfortunately when we opened this case we found it contained completely different articles, and we can only presume that a mistake was made and the contents of this case were for another order.

14 As we need the articles we ordered to complete deliveries to our own customers, we must ask you to arrange for the dispatch of replacements at once. We attach a list of the contents of case No.3, and shall be glad if you will check this with our Order and your copy of your Invoice. In the meantime, we are holding the above-mentioned case at your disposal, and please let us know what you wish us to do with it. Yours faithfully,

15 Letter 2 : A reply to the claim on wrong goods Dear Sirs, Re: Your Order No.123 per s/s Prince Thank you for your letter of November 11. We were glad to know that the consignment was delivered promptly, but it was with great regret that we heard case No.3 did not contain the goods you ordered. On going into the matter we find that a mistake was indeed made in the packing, through a confusion of numbers, and we have arranged for the right goods to be dispatched to you at once. Relative documents will be mailed as soon as they are ready.

16 We have already cabled to inform you of this, and we enclose a copy of the telegram. We shall be grateful if you will keep case No.3 and contents until called for by the local agents of World Transport Ltd., our forwarding agents, whom we have instructed accordingly. Please accept our apologies for the trouble caused to you by the error. Yours faithfully,

17 Letter 3 : Complaint for low quality Dear Sirs, The green beans under S/C No. AB046 dispatched on November 4, 2002 have arrived at our port yesterday. The Commodity Inspection Bureau has carefully examined the quality of the beans, and we regret to say that they found it is far low the standard stipulated in the S/C. The covering Inspection Certificate is going to be airmailed to you as soon as it comes to hand. We think you will look into the matter at once and take immediate measures to correct the mistakes and ensure that nothing like this will happen in the future.

18 The inferior quality of these beans has caused considerable difficulty to us and it is hard for us to dispose of it, even at a rather low price. We think we can reserve the right to lodge a claim against you for the loss we have suffered Yours faithfully,

19 Letter 4 : A reply to the above Dear Sirs, We are very surprised to learn from your letter of December 30th, 2002 that the green beans dispatched November 4, 2002 were below the standard stipulated in the contract and that you are reserving the right to lodge a claim against us. Naturally we hope that the transaction will be concluded to your satisfaction. Now that you have found the quality of the beans do not comply with that stipulated in the contract, we want to have the problem clarified without any delay. So we have sent our representative to your end to investigate the matter in detail.

20 We would not give any comment before our representative inspects the goods. We will soon let you know the date of this visit and hope you will give him your best cooperation. You may be assured that the matter will be settled in a reasonable manner to our mutual benefits. Yours faithfully,

21 Letter 5 : Claim on the seller for the damaged goods Dear Sirs, Re: Your S/C No. 2A-667B We have been informed by our agents in Beijing that 200 Tea Sets under the above S/C by S/S Great Wall arrived at Port Amsterdam on July 8. Much to our regret, about 20% of the packages was seriously damaged with contents shattered to pieces and the outer bands broken. We immediately invited qualified surveyors to the spot to look into the case, and their findings show that this was due to poor packing. A detailed survey report will be dispatched to you subsequent to their further study of individual case.

22 In accordance with the stipulations of the above Sales Confirmation, we think the tea sets should have been packed in strong seaworthy wooden cases suitable for long distance ocean voyages. We are obliged to hold you are responsible for the damage and claim on you for the compensation for the loss thus incurred. Meanwhile our buyers are urging us to settle the case immediately. Therefore, we would like you to inform us of what you decide to do regarding our losses. We are awaiting your prompt reply. Yours faithfully,

23 Letter 6 : A reply to the above Dear Sirs, We feel deeply sorry that the 200 tea sets under the above S/C by S/S Great Wall arrived at Port Amsterdam on July 8 with 20% of the packages damaged as mentioned in your letter of October 11, You may be aware that our tea sets have been sold in a number of markets abroad for quite a long time, and all our customers have been satisfied with our packing. Each shipment of our exports is strictly inspected by our shipping departments before loading, and each package is subject to a careful examination. So we think that the goods were in perfect condition when they were shipped, and individual packages were clearly marked with Handle With Care, Fragile and other necessary care marks. The clean B/L supports these facts.

24 After going into the matter carefully, we estimate that damage might be due to rough handling in transportation or during loading and unloading. We consider it a matter for you to take up with the shipping company or the insurers who have covered you on the said consignment against Risk of Breakage. The responsibility should rest with either of the parties concerned. Consequently, we find no ground to compensate you for the loss. Yours faithfully,

25 Letter 7 : Claim for short weight Dear Sirs, Re: Our Order No. 234 for 10 M/T Chemical Fertilizer We have just received the Survey Report from Shanghai Commodity Inspection Bureau evidencing that the captioned goods unloaded here yesterday was shortweight 1120kg. A thorough examination showed that the short weight was due to the improper packing, for which the suppliers should be definitely responsible. On the basis of the SCIB’s Survey Report, we hereby register a claim with you for GBP in all. We are enclosing the Survey Report No.(98)607 and look forward to settlement at an early date. Yours faithfully,

26 Letter 8 : The settlement of the claim for short weight Dear Sirs, Re: Your Claim No.145 With reference to your claim No.145 for a short weight of 1120kg chemical fertilizer, we wish to express our much regret over the unfortunate incident. After a check-up by our staff, it was found that 28 bags had not been packed in 5-ply strong paper bags as stipulated in the contract, thus resulting in the breakage during transit, for which we tender our apologies. In view of our long-standing business relations, we will make payment by check for GBP270.00, the amount of claim, into your account with the Bank of China, upon receipt of your agreement. We trust that the arrangement we have made will satisfy you and look forward to receiving your further orders. Yours faithfully,

27 Letter 9 : Arbitration award Dear Sirs, We are pleased to see that, regarding our disputes under Contract No.0471, both of us are satisfied with the fair and reasonable arbitration award which was rendered by the Foreign Economic and Trade Arbitration Commission of CCPIT after they had thoroughly examined every aspect of this case. The award is being carried out by both sides. What pleases us most is that our friendly relationship has not been harmed by these disputes which had to be resolved by arbitration. On the other hand, this case has deepened the mutual understanding and confidence between us. We highly appreciate your cooperation and expect further development of business between us. Yours faithfully,

28 14.4 Focal Words (焦点词汇) claim n. 索赔,赔偿要求 claim for 表示索赔原因,索赔的金额 claim for damage , claim for USD claim on 表示对某批货物索赔 claim on the goods claim against 表示向某人索赔 claim against the underwriters

29 表示 “ 提出 ” 索赔的常用动词: lodge , file , raise 和 put in 。 此外,还可用 make , issue , register , render , enter , set up 等 lodge a claim against ( with/ on/ upon ) sb. for sth. 为某 事向某人提出索赔 We shall lodge a claim against the insurance company for the goods damaged during transit. accept a claim 同意索赔 entertain a claim 受理索赔 reject a claim 拒绝索赔 settle a claim 解决索赔 waive a claim 放弃索赔 withdraw a clam 撤回索赔

30 vt. 索赔,要求赔偿 to claim USD to claim USD for damage to claim USD on the goods to claim USD from the underwriters We should claim USD from you for the loss caused by improper packing.

31 compensate vt. 补偿,赔偿 The success will compensate you for your efforts. You should compensate us for the loss caused by the late delivery. compensation n. 补偿,补偿,报酬 You will get compensation for what you have done. The buyer claimed a compensation for USD1 200 for the damage.

32 claim compensation from sb. for sth. 就某事向某人要求索 赔 We reserve the right to claim compensation from you for any damage. What compensation can you offer for my work per week? compensation trade 补偿贸易 full compensation 全额赔偿

33 complain vi. 诉苦,申诉,抱怨 complain to sb. of /about sth. (因某事而向某人表示不满) The buyers complained to the seller of the excessive moisture contained in the minerals. The buyers complained about the excessive moisture of the minerals. The buyers complained that the minerals contain too much moisture. complaint n. 抱怨,申诉,投诉 We have noted your complaint and will do our best to avoid a repetition.

34 make ( lodge / file / lay ) a complaint against sb. for sth. (因某事而向某人表示抱怨) This being the case, we have to lodge a complaint against you for the inferior quality. complaint n. 抱怨者,控告者,投诉者

35 settle vt. 解决;清偿,结算 Any dispute that may arise from under this contract shall be settled by arbitration. We will ask the Bank of China to help us settle payment. Please settle this long outstanding account without further delay. We are requested to settle your account within one week. settlement n. 解决,清偿,理赔 We hope we can reach an amicable settlement before long. For a settlement of our account of USD300, please send us your cheque. settlement of disputes 解决争端 settlement options 索赔选择权

36 arbitrate vi. & vt. 仲裁,公断,裁决 Both sides agreed to arbitrate. The two parties hereby agree to arbitrate their disputes if any. arbitration n. 仲裁 This is the maximum concession we can afford. Should you not agree to accept our proposal, we would like to settle by arbitration. When no settlement can be reached through negotiations, the disputes shall be submitted for arbitration.

37 arbitration clause 仲裁条款 arbitration award 仲裁裁决 arbitration application 仲裁申请 arbitration procedure 仲裁程序 arbitrator n. 仲裁员,仲裁人

38 refund vt. 归还,偿还 refund the excess on a tax refund the goods to the seller n. 归还额,偿还额 obtain a refund of a deposit The shipping company will give you a refund of freight if the goods are lost. refundable adj. 可归还的,可偿还的 The bid bond is refundable to those bidders who are not the winner. refundment n. 归还,偿还,退款

39 14.5 Useful Phrases and Sentences (实用语句) 1. 关于申诉 / 抱怨的用语 to make a complaint against a person to complain of something to a person to have a complaint on to receive a complaint on to repeat complaints about to report a complaints on to have a cause for complaint to have no complaint to make to have something to complain of to a person to acknowledge an error to correct an error

40 2. 关于索赔的用语 claim for indemnity to have a claim on to send in/ to enter/ to put in one’s claim for compensation to lodge/ to file one’s claim with a person for/ to submit one’s claim to a person/ to place one’s claim before a person to lay claim to to enter a claim for…with/ to file a claim for…with/ to put in a claim for…with to satisfy one’s claims to accept/ to meet / to entertain one’s claim to avoid/ to obviate a claim to withdraw/ to waive/ to abandon a claim

41 3. 关于赔偿的用语 to compensate for losses to a person with/ to compensate a person for losses with/ to recompense a person for losses with 4. 关于质量的用语 We regret to have to inform you that the tins of lobster which you sold me on 29 June have caused numerous complaints. We regret to say that a part of the goods, indeed, nearly half, have lost a good deal of their quality by wetting from sea-water.

42 5. 关于与样品不一致的用语 The goods submitted do not correspond with the sample sent. We find every bale weighs short. We greatly regret to say that the goods are not in accordance with your sample. 6. 关于包装不良的用语 With regard to the fruit, I am astonished to learn that it arrived in such a bad order, every precaution having, as I considered, been taken to insure its preservation. We regret to find on opening up 20 cases of the glass delivered here yesterday that 15% of the sheets are broken, 45% show bubbles, and nearly all are badly scratched.

43 7. 关于商品更换、退还的用语 They say they are to receive the compensation money from the company. We must ask you to replace them with good salable ones. Please let us have a marketable lot in exchange for them. 8. 关于折扣或补贴的用语 As much of this consignment will be practically useless, kindly allow me a liberal discount upon the price agreed upon. Would you kindly let me know if you will take them back, or allow me to sell them at a discount of 50%?

44 9. 关于说明与辩解的用语 It is a practical impossibility to weave such a cloth in the length you now require. Our communications of the 3rd May and 20th inst., will, we trust, remove the unfavorable opinion you appear to have formed. We have never received a bill of lading or invoice from you, and if any of your letters to us contained such documents, they must, in some way, have been miscarried.


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