1. UNIT 13 Complaint and Claim

2. I. Introduction

3. 1. Definition of Complaint and Claim Claim refers to the situation where the injured party claims for compensation for losses in case the contract is breached. Sometimes when the loss is not serious, the party suffering the loss may not lodge a claim for compensation. Instead he writes a letter of complaint or makes a call to attract the other party’s attention to avoid this matter happening again. Claim refers to the situation where the injured party claims for compensation for losses in case the contract is breached. Sometimes when the loss is not serious, the party suffering the loss may not lodge a claim for compensation. Instead he writes a letter of complaint or makes a call to attract the other party’s attention to avoid this matter happening again.

4. 2. Kinds of Complaints or Claims 2. Kinds of Complaints or Claims According to their nature, there are the two main kinds of complaints or claims made by buyers. According to their nature, there are the two main kinds of complaints or claims made by buyers. (1) Genuine complaint or claim, which arises from such situations as the following: (1) Genuine complaint or claim, which arises from such situations as the following: ① The wrong goods may have been delivered; ② The quality may have been found unsatisfactory; ③ The shipment may have been found damaged, short, missing or late; ④ The prices charged may be excessive or not as agreed.

5. (2) False complaint or claim, which is made by buyers who find fault with the goods as an excuse to escape from the contract, either because they no longer want the goods or because they have found that they can get them cheaper elsewhere. (2) False complaint or claim, which is made by buyers who find fault with the goods as an excuse to escape from the contract, either because they no longer want the goods or because they have found that they can get them cheaper elsewhere. If a complaint or claim is made by the buyer, the matter should be investigated in detail and these details should be laid before the party charged. If a complaint or claim is made by the buyer, the matter should be investigated in detail and these details should be laid before the party charged.

6. 3. Contents of Letters about a Complaint or Claim Letters about a complaint or claim include the complaints or claims letters and reply letters to complaints or claims.

7. 3.1 Complaints or Claims Letters Usually a complaint or claim letter should follow the following outline: Usually a complaint or claim letter should follow the following outline: (1) State the complaint or claim with regret, mention the date of the order, the date of delivery and the goods complained about or claim for and give exact details of damage, breakage or loss, etc.; (1) State the complaint or claim with regret, mention the date of the order, the date of delivery and the goods complained about or claim for and give exact details of damage, breakage or loss, etc.; (2) Tell why and how you are inconvenienced, including explain the reason of your complaint or claim and provide evidence of damage or loss, in order to state your reasons for being dissatisfied and ask for an explanation; (2) Tell why and how you are inconvenienced, including explain the reason of your complaint or claim and provide evidence of damage or loss, in order to state your reasons for being dissatisfied and ask for an explanation; (3) State what you want to be done, such as expressing your wish for a prompt settlement and suggesting the reasonable demand to satisfy your complaint or claim. (3) State what you want to be done, such as expressing your wish for a prompt settlement and suggesting the reasonable demand to satisfy your complaint or claim.

8. 3.2 Replies to Complaints or Claims A reply to a complaint or claim should always be courteous, even if the complaint or claim is unfounded; the sellers should not say so until they have good and reliable grounds on which to repudiate the claim. A reply to a complaint or claim should always be courteous, even if the complaint or claim is unfounded; the sellers should not say so until they have good and reliable grounds on which to repudiate the claim.

9. Following rules should be followed by the seller when replying to a complaint or claim: (1) Express regretful for receiving the complaint or claim letter; (2) If the complaint or claim is justified, the seller should admit it readily, express his regret and state what he will do to settle the matter or agree to the buyer’s request. If the complaint or claim is not justified, point it out and explain the reasons politely in an agreeable manner. It would be a wrong policy to reject the customer’s request without any explanation;

10. (3) If the complaint or claim is justified, apologize once again for the inconvenience caused and make assurance that no similar circumstances will occur in the future. If the complaint or claim is not justified, show sympathy for the inconvenience caused. If the seller cannot deal with a complaint or claim promptly, acknowledge it at once; explain that the matter is being investigated and a full reply will be sent later.

11. Letter 1 A Complaint about Non-Delivery

12. Language Points: non-delivery: 未交付货物， stress: vt. emphasis on sth. 着重；强调 look into: investigate or examine sth 调查；过 问

13. Letter 2 Complaint Concerning Quality

14. Language Points: serge: 斜纹哔叽布料 batch: n. number of people or things dealt with as a group 一批，一宗，一束，一组，一群 shrinkable: 会缩水的 fast: adj. not likely to fade or run 耐久的；不 褪色的

15. Letter 3 A Specific Claim about Short Weight

16. Language Points: responsible 有责任的, 应负责任的 e.g. We are not responsible for the delay. e.g. We are not responsible for the delay. responsibility n. 责任 responsibility n. 责任 on the strength of 依靠, 依据 e.g. You may draw a clean draft on us on the strength of e.g. You may draw a clean draft on us on the strength of our written instructions dated the 15th March. our written instructions dated the 15th March. HNCIB: Hunan Commodity Inspection Bureau 湖南商品检 验局

17. Letter 4 A Reply to a Complaint (Accepting Responsibility)

18. Language Points: call on: formally visit, or request sb. to 访问；指名 要 ( 某人 ) 去干 ( 某事 ) ；请求，要求；号召 faulty: adj. having a fault or faults; imperfect 有缺点 的；有错误的；不完善的 inferior to: low(er) in rank, quality, etc. ( 身份 ) 低下 的，下级的； ( 质量等 ) 低劣的，次的，差的， 劣势的

19. Letter 5 A Reply to a Claim (Refusing to Taking Responsibility)

20. Language Points: look up: check, examine 检查；查找；寻找 in question: in doubt, be doubted by 可怀疑，被争 论，成为问题的 in question: in doubt, be doubted by 可怀疑，被争 论，成为问题的 Bill of Lading: 提单 Bill of Lading: 提单 at any rate: whatever may happen, in any case 总而 言之，无论如何 at any rate: whatever may happen, in any case 总而 言之，无论如何

21. 1. Complete the following sentences by translating the part in Chinese into English. (1) It appears that the cargo was damaged in transit ( 运 输途中 ) from New York. (2) The damage was caused by poor packaging ( 不良包装 ) 造成的. (3) We enclose a copy of the survey report for your reference ( 供您参考 ). (4) In order to compensate you for the trouble we brought ( 补偿我们给贵方带来的麻烦 ), we are prepared to offer a special discount. (5) We will ship the replacement at the earliest possible date ( 尽早 ). Answer of Exercises

22. 2. Read the following sentences and try to find out the mistakes and make corrections (There is one mistake in each sentence.). (1) We cannot accept responsibility of breach of contract of → for of → for (2) The goods were in perfect condition on leaving the warehouse and the damage has evidently occurred on transit. on → in on → in

23. (3) The delay in your part now places us in a very awkward position. in→ on in→ on (4) The cause of delay was beyond our control. of → for of → for (5) Upon examination we find out of the contents staining. staining →stained staining →stained

24. 3. Translate the following sentences. Part I Translate the following sentences into English. (1) 这批货在质量上与样品不符。 The goods do not agree with the original samples in quality. The goods do not agree with the original samples in quality. (2) 开包之后，发现颜色不令人满意。 When unpacking the case, we found the color unsatisfactory. When unpacking the case, we found the color unsatisfactory.

25. (3) 我方最近收到很多顾客对你方钢笔的投诉。 We have received lots of complaints about your pens from many customers. We have received lots of complaints about your pens from many customers. (4) 今就我公司昨天收到运动衫一事向你方提出申 诉。 We are writing to complain about the shipment of sweaters arriving here yesterday. We are writing to complain about the shipment of sweaters arriving here yesterday. (5) 请将所有货物退还我方，我方将请船运公司来 检查损失，以便他们安排赔偿。 Please return the whole consignment to us, and we will ask the shipping company to inspect the damage so that they can arrange compensation. Please return the whole consignment to us, and we will ask the shipping company to inspect the damage so that they can arrange compensation.

26. Part II Translate the following sentences into Chinese. (1) As the shipping company is liable for the damage, your claim, in our opinion, should be referred to them for settlement. (1) As the shipping company is liable for the damage, your claim, in our opinion, should be referred to them for settlement. 我方认为，由于货运公司对损失负有责任，你 方应向他们提出索赔。 我方认为，由于货运公司对损失负有责任，你 方应向他们提出索赔。 (2) We regret to return these goods, and shall be glad if you will substitute the right goods for them as early as possible. (2) We regret to return these goods, and shall be glad if you will substitute the right goods for them as early as possible. 很遗憾，我方不得不退货，希望你方尽快为我 方替换所退之货。 很遗憾，我方不得不退货，希望你方尽快为我 方替换所退之货。

27. (3) We have to ask for a compensation to cover the loss incurred as a result of the inferior quality of the goods concerned. (3) We have to ask for a compensation to cover the loss incurred as a result of the inferior quality of the goods concerned. 我方不得不向你方提出索赔，以弥补由于货物 质量差而招致的损失。 我方不得不向你方提出索赔，以弥补由于货物 质量差而招致的损失。 (4) We find that the case shows a shortage in weight. 我方发现此箱重量短少。 我方发现此箱重量短少。 (5) We regret to inform you that the goods are not according to the order. 非常遗憾地告知到货与订购之货不同。 非常遗憾地告知到货与订购之货不同。

28. 4. Translate the following letters into English: Dear Sirs, Thank you for your delivery of the suits which we ordered on October 19. However, we wish to invite your attention to the following points: a. The colors of the cloth are dissimilar to your original sample; b. The green belt supplied does not match the suit. We are returning two of these by separate mail, and would ask you to replace the whole in correct color. Concerning the airfreight, we agree to pay extra costs for airfreight. However, your costs for packing and insurance must have been lower for air cargo, and we request you to take this fact into consideration and to bear part of the airfreight charges. Please let us know immediately your opinion on these matters. Yours faithfully,

29. Dear Sirs, We have received 5 cases of goods under our Order No.230 on July 20. Upon examination, we discovered shortage of Toy Animals and Toy Pianos shipped to us. We ordered 100 dozen of Toy Animals and 100 dozen of Toy Pianos, but we received 86 dozen and 80 dozen respectively. The cases are intact, bearing no evidence of having been damaged in transit. Apparently, the shortage is due to oversight in packing. Please look into the matter and forward the short-delivered goods to make up the quantity we ordered as soon as possible. Yours faithfully,

30. 5. Write a complaint letter covering the following contents: Dear Sirs, The goods we received on June 5 were found not to match our order. The goods we ordered were Item No. 234, whereas the goods received were Item No.235. We have decided to ship the goods back to your company at your expense and we ask that you refund the RMB¥ 12,000 which we have already paid you. Please note that we hereby also reserve the right to claim any damages arising out of your wrong shipment. A quick refund will be highly appreciated. Yours faithfully,