Unit 14 Claim and Settlement 索赔与理赔

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：

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：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：

8. 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：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：

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：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：

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, 2001. 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 GBP270.00 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 USD10 000 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 USD50 000.00 to claim USD50 000.00 for damage to claim USD50 000.00 on the goods to claim USD50 000.00 from the underwriters We should claim USD2 500.00 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.