1、,Unit 12 Claim and Settlement 索赔及理赔,,Basic Knowledge Concerned,Letter-writing Guide,Other Commonly Used Expressions and Sentences,Sample Letters,Practical Training,Part One,Part Two,Part Three,Part Four,Part Five,Contents,http:/,,Part One,The party making complaints aims at either the improvement of
2、 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 promi
3、ses to deliver a better job in the future.,1. The Purpose of Making Complaints,,Part 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 aga
4、inst 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),,Part One,The trade claim is based on a sales contract between the two parties and is lodged by one party
5、 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),,Part One,3.
6、 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.,,Part Tw
7、o,,Part Two,,Part Two,,Part Two,,Part Two,,Part Two,,Part Two,,Part Three,Expressions (1),1. put in/lodge/file/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
8、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. 因为/凭借 8. on arrival of. 在到达后 9. replacement goods 替换品 10. cannot but 只得,,Part Three,Expressions (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. impr
9、oper 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 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,,Part Three,Typical Sentences (1),1. The claim is to be lodged within
10、45 days after the arrival of the consignment at the destination port. 2. The claim must be accompanied by a survey report for 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 a
11、t least 30% of the invoice value for inferior quality against the exporter. 5. Short weight is what the claim is for.,,Part Three,Typical Sentences (2),The goods you are claiming damaged were in perfect condition when they left the loading port, as can be evidenced by the B/L in which is printed the
12、 word “Clean”. The discrepancy between the goods shipped and the original sample is unacceptable since the S/C stipulated the term 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
13、not in conformity with the sample you sent to us.,,Part Three,Typical Sentences (3),10. We insist that you compensate the sum of 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 c
14、laim as stipulated in the contract No.123. 12. We hope you can understand that we would not have lodged the claim if we could afford to carry the loss. 13. If the claim is not resolved in the near future we will be compelled to resort to a lawsuit.,,Part Four,Sample 1,Lodge an Insurance Claim,Dear S
15、irs,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 representative.On the strength of3 the survey report it was evidenced th
16、at 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 have lost a great deal of quality. Such loss is due to the bad weather in transit, which we have
17、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 the survey report and the statement of the shipping companys representative, which will be es
18、sential 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 faithfully,,Part Four,Dear Sirs,Your letter of requesting us to claim against the underwriter1 on the shirts spoiled by sea water has been noted and
19、 we are willing to do it immediately.According to the survey report and the statement of the carriers agent the loss was caused 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 com
20、pensation demand. We are going to register a claim with the Guangzhou Branch of the PICC by tomorrow, June 18, 2007. We shall keep you informed should any progress of the claim be made.Yours faithfully,Reply to the Letter of Sample 1,Sample 2,,Part Four,Dear Sirs,The shipment of our order No.231 for
21、 the whole set of equipment for recording used for a professional recording studio1 has been duly received. Thanks for your prompt 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 o
22、ur regret, due to the negligent packing3, 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 workable
23、, we must request your immediate replacement of it.Awaiting your favorable reply as soon as possible at your earliest convenience.Yours faithfully,Sample 3,Importer Requesting Replacement of Damaged Goods,,Part Four,Dear Sirs,We acknowledge with thanks the receipt of your letter asking for the repla
24、cement of the damaged sound mixer. After going 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 negligence and have already dispatched a new mixer to you this morning with the hope that the installati
25、on of the recording system in your studio will not be delayed too much. We apologize again for the inconvenience incurred and would like to assure you that the recurrence2 of similar mistakes will be avoided in the handling of your future orders.Yours faithfully,Sample 4,Reply to the Letter of Sampl
26、e 3,,Notes,Sample 1,1. “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:it 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“be
27、cause 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 advice. 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 interna
28、tional 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,,Notes,Sample 2,1. “underwriter”即“insurer” (保险人) 2. “heavy weather”意为“恶劣气候”,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 3,1. 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
29、 3. negligent packing 包装方面的疏忽,Sample 4,1. distracted mind 走神,不专心 2. recurrence n. 重复发生,再次发生,,Part Five,1. Put the following 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,,Part Five,1. Put the foll
30、owing English into Chinese. (2),(5) a qualified surveyor,(6) file a claim against the insurer,(7) request the exporter to dispatch 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,,Part Five,1.
31、 Put the following English into Chinese. (3),(10) settle/adjust a claim,(11) We regret to inform you that there is an obvious 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。
32、,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。,,Part Five,1. Put the following English 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
33、) We apologize for any inconvenience incurred and have decided to entertain your claim as per your proposal.,(16) The responsibility for the claim should be burdened by either the carrieror 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
34、运人或保险人，而不是我方。,,Part Five,1. Put the following English into Chinese. (5),(17) The clean on board B/L has indicated the perfect condition 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
35、 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。,,Part Five,1. Put the following English into Chinese. (6),(19) The goods are of good quality and in attract
36、ive designs, though they are not the very ones you ordered, and we think you will have little difficulty in disposing of them at 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
37、 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。,,Part Five,2. Read the following letters and fill in the blanks with one of the prepositions given.,to; upon; of; without; in; for; by; plus; on; up,Letter 1,Dear Sirs,Thanks for your pr
38、ompt execution (1) our order No.432.We regret having to inform you that (2) checking, we found that the shipment was 200kg short delivered 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
39、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 cooperation.Yours faithfully,to,_,against,_,upon/on,_,by,_,of,_,,Part Five,Letter 2,Dear Sirs,We are (1) receipt of your letter of July 10 and regret to note your complaint
40、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 goods 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 compla
41、ined (3) must have taken place in transit. In the circumstances, we are apparently not liable (4) the damage and would advise you to claim (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 ple
42、ased to take the matter up on your behalf with the shipping company concerned.Yours faithfully,in,_,down,_,for,_,about,_,against,_,to; upon; of; without; in; for; by; plus; on; up,,Part Five,Intermediate Training,1. Put the following Chinese into English. (1),(1) 短装,(2) 短重,(3) 提出索赔,(4) 接受索赔,short de
43、livery,short weight,lodge a claim,accept a claim,,Part Five,1. 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,product of inferior quality,discrepancy between the goods delivered and the samples,settle a claim,(9) 货物完好,in perfect condition,,Part Five,
44、1. 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 insurer,lose a lot of quality,settle a dispute through arbitration,(13) 调查此事,investigate the matter,,Part Five,1. 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
45、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.,,Part
46、Five,1. 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 dispute by negotiation before resorting to a lawsuit.,It is obvious that you have chosen a wrong party to place a claim against. It is the carrier that you are supposed to have the claim with, not us.,
