7.1 Introduction

In international business, claims do not happen in every transaction but often occur. Sometimes when the loss is not serious, the party suffered the loss may not lodge a claim for compensation. Instead he writes a complaint to call the other party's attention to avoiding this matter happening again. Claims are usually raised by buyers for great loss, for example: loss caused by non-delivery or delay of delivery, short weight or shortage of quantity, inferior quality and improper packing, breach of contract, etc. However, sellers may also raise claims against buyer for non-establishment of L/C or breach of contract, etc.

7.2 Samples 例文

Letter 1

Claim for Inferior Quality 对质量低劣提出的索赔

Dear Sirs,

Re:Claim for 10,000 pcs. of Valves

We are enclosing a copy of the Inspection Certificate No. (04)204 issued by the Shanghai Commodity Inspection Bureau. The certificate proved that the above goods we received on May 5 are much inferior in quality to your previous samples.

As this lot of goods is of no use at all to us, we require you refund the invoice amount and inspection fee of the goods amounting to US $...

We trust you will promptly settle this claim. As soon as the settlement is accomplished, we will send the goods back to you. All the expenses will be for your account.

Yours faithfully,

Encl. as stated

Letter2 Reply for Settlement 关于理赔的回复

Investigating of the Matter调查事因

Dear Sirs,

Your Claim on 10,000 pcs of Valves

We have received your fax of May 10, with enclosure, claiming inferior quality on the consignment of 10,000 pieces of valves.

In order to settle the claim, we will immediately send a representative to investigate this matter. If our party was at fault, the compensation will be made at once.

We apologize for the trouble caused to you and assure you that will give you a satisfactory answer.

Yours faithfully,

Letter3

Settling the Claim 理赔

Dear Sirs,

Your Claim for 10,000 pcs of Valves

Further to our fax of May 16, we are writing to tell you that our representative has looked into the matter and found that it was a mistake by our staff at the warehouse. We are, therefore, going to settle the claim.

But our proposal of settlement is that we will immediately send to you replacements of which the quality is guaranteed. As to the valves you received, we will be highly appreciate it if you will try to sell for us in your market at our quoted price, i.e. US $ ... per piece including your ...% commission. If you agree with our proposal, please inform us by fax.

We feel greatly regretful for the inconvenience you have sustained and would like to assure you that all possible steps will be taken to avoid such mistakes happening again.

Yours faithfully,

Notes:

1.claim n． 索賠，赔偿要求

表示索赔的原因，一般接介词for，如claim for damage；

表示索赔的金额，一般接介词for，如claim for US$10，000；

表示对某批货物索赔，一般接介词on，如claim on the goods；

表示向某人索赔，一般接介词against，如claim against the underwriters．

现将常用的词组列下：

claim against a person 向某人索赔

claim arising from a breach of the contract 违约所引起的赔偿要求

claim arising from a defect of the goods 货物瑕疵所引起的索赔

claim arising on a bill of lading 有关提单引起的索赔

claim barred by reason of limitation 受时效限制的索赔

claim based on lack of conformity of the goods 货物不符产生的索赔

claim based on physical loss damage 货物灭失所产生的索赔

claim for compensation of damages 损害赔偿的诉权

claim for contribution in general average 要求分摊共同海损

claim for damage 由于损坏而索赔

claim for financial loss 关于经济损失的诉权

claim for general average 共同海损分担的诉权

claim for inferior quality 由于品质低劣而索赔

claim for payment 要求付款的诉权

claim for proceeds 要求赔偿货款

为某事向某人提出索赔的常用句型是：lodge a claim against (间用 with 或 on或upon)sb．for sth．

说“提出”索赔，除lodge外，较常用的动词还有raise，file和put in；还可用make，issue，lay，register，render，enter, bring up, set up等． We shall lodge a claim against the Insurance Company for the goods damaged during transit. 对于货物在运输途中损坏，我们将向保险公司提出索赔。

We file a claim against you for the short delivery of 145 lbs．我们向你方提出短交145磅的索赔。

下面是claim和其他动词搭配的部分常见短语：

accept a claim 同意索赔 admit a claim 同意索赔

entertain a claim 受理索赔 dismiss a claim 驳回索赔

reject a claim 拒绝索赔 relinquish a claim 撤回索赔

settle a claim 解决索赔 waive a claim 放弃索赔

withdraw a claim 撤回索赔

claim v． 索赔，要求赔偿

通常作及物动词，宾语为索赔的金额或compensation，amount等名词；

间或作不及物动词．以下为部分常用短语，注意介词的一般用法：

to claim US$10,000 索赔美元一万元

to claim a compensation of US$10,000 要求赔偿美元一万元

to claim US$10,000 for damage 因损坏赔偿美元一万元

to claim US$10,000 on the goods 对该货索赔美元一万元

to claim US$10,000 from the underwriters 向保险公司索赔美元一万元

2.

valve n.

3.

refund vt. 归还；偿还 n. 归还额，偿还额

refund the excess on a tax 归还多收的税款

refund the goods to the seller 把货物归还卖方

obtain a refund of a deposit 获得保证金的退款

refundable adj． 可归还的，可偿还的

The bid bond is refundable to those bidders who are not the winner． 对于不中标者，投标保证金予以退还。

4．

accomplish vt． 完成

accomplish a task完成一项任务

compensation 补偿，赔偿，补偿物，赔偿费

make compensation for sb’s losses 补偿某人的损失

5.

compensation trade 补偿贸易

compensate vt. 补偿，赔偿

You should compensate US for the loss caused by the late delivery． 你方必须向我方赔偿因迟交货物所引起的损失．

6.

further to 继……

Further to our telex of July 15, we have today sent you our latest pricelist for your consideration 继我方7月15日电传，今日寄去我方最新价目单

供参考．

7.

look into 调查；观察 look into a problem 调查研究问题

8.

sustain vt． 蒙受，遭受

You should be entirely responsible for the losses we sustained owing to improper packing． 因不良包装使我方遭受的损失，你方应负完全责任。

7.3 Supplement：Some Useful Sentences 实用句子的补充

Concerning Delay in Shipment 关于迟交货物

(1)We are still without your Advice of Dispatch of the cameras, while we are receiving urgent request from customers and you will understand that this delay places US in an awkward position． 我方仍未收到你方照相机的装运通知，但连续接到我方客户的催促，你方谅必能理解，这次延误使我方处于困境。

(2)For some time past we have been urging you for an immediate dispatch of these goods，and unless this order is already on the way, it will arrive too late for the season, and so be of no use to us．在过去的一段时间里我们一直在催促你方立即交货。除非这批定货已经在运输途中，否则当货物到达时会过了季节，对我方毫无用处。

(3)The articles have just been received after a delay of a fortnight，for which no explanation has yet been given to US．货物延误两周后才到货，你方至今尚未对延误作任何解释。

Concerning Poor Packing 关于不良包装

(1) We have just received the 50 cases of chinaware shipped S.S. "N N" on our Order No. 134, but regret to inform you that cases Nos． 13 & 26 are broken and their contents badly damaged through faulty packing． 我们刚收到由“××”轮装来的50箱瓷器，系我方134号定单所定购。但遗憾地通知你方，第13号和第26号箱破裂，并且由于包装错误，箱内瓷器损坏严重。

(2)The packing inside the case was too loose(was insufficient) with the result that there was some shifting of the contents and several cups and plates have been broken． The attached list will give you details． 箱内包装垫料太松(不足)，结果箱中物品摇晃，部分杯碟破碎，详见所附清单。

(3)We have had the case and contents examined by the insurance surveyor，but as you will see from the enclosed copy of his report，he maintains that the damage was due to insecure packing and not to any unduly rough handling of the case． 我们已请保险公司检验人员检验了木箱和箱内货物。从随附的检验报告副本中，你方将注意到，他认为损坏是由于包装不牢固，并非搬运不当所致。

(4)We regret to inform you that one of the cases of your consignment arrived in a badly damaged condition．It is BF／46 containing spare parts．The lid was broken and the case with its contents crushed．It looks as if the case was not strong enough to stand the voyage．We have examined the contents and find that 1 5 pieces were

missing and the rest unfit for use． 兹遗憾地通知，来货中有一箱，内装零件，损坏严重，其箱号为BF／46。箱盖破裂，箱子及箱内物品均被压碎。看来木箱不够牢固，经不起运输。经检查，发现缺货15件，其余物品都已无法使用。

(5)It was disappointing to learn that so many of the articles sent in our consignment were damaged and we are sorry that you should have missed the opportunity of including them in your January sales.得悉发运给你方的定货中货物损坏颇多，令人失望，使你们失去一月份出售时机，致歉。

Concerning Poor Quality有关质量低劣

(1)The goods delivered is not up to the standard of samples. The pattern is uneven in places and the coloring varies． 所交货未达到样品的质量标准，多处花样不匀，颜色各异。

(2)Upon examination, we found that many of the goods were severely damaged，though the cases themselves show no trace of damage． 经检验，我们发现虽然箱子本身并无损坏迹象，但很多货物已严重损坏。

(3) We cannot possibly deliver the merchandise in this condition to our customers, but might accept the lot at a reduction of 20% on the contract price. 我们不能接受将这样的货物交给客户，但如按合同价削减20%，也许可以接受。

(4) We regret these faulty sets of equipment were sent to you, and have today sent a replacement of 12 sets. We hope you will be pleased with the new lot.将有缺陷的设备运交给你们，致歉。今天另运出12台替换设备，希望你们能对这批新货满意。

(5) The goods have not turned out to our satisfaction, the quality being so poor as to render them unsuitable for the requirements of this market. As the whole parcel is quite useless to us, we must ask you to refund us the invoiced value and the inspection fee as per the statement of claim enclosed. We trust that our claim will have your prompt attention, and as soon as settlement is made, we shall return

the goods to you at your expense. 该货不能令我方满意，质量如此低劣，以致不合此市场需要。由于全部货物对我方毫无用处，务请你方退赔发票金额和检验费，详见所附索赔清单，希望你方立即处理我方索赔，一旦解决，我们就退回货物，费用由你方负担。

Concerning Shortage 有关短重 :

(1) We regret to point out that a shortage in weight of 210 lbs. was noticed when the goods arrived. 遗憾地指出，货物到达时发现短重210磅。

(2) There is a discrepancy between the packing list of case No. 15 and your invoice: 3 dozen Tea Services are correctly entered on the invoice but there were only 2 dozen in the case. 第 15 号箱的装箱单与发票不符，发票所列3打茶具是正确的，而箱内只装了两打。

(3) Carton 17 was found to be 5 packages short. As the carton was in good shape and does not appear to have been tampered with, we surmise that they must have been shortshipped. (Please do not trouble to send a replacement, but adjust your invoice.) 第17号箱短少5包。由于箱子完好，似未遭撬动，推测是短装。（请不必另行补货，只修改发票即可。）

Concerning Wrong Goods Delivered 有关发错货物:

(1) Evidently some mistake was made and the goods have been wrongly delivered. 显然发生了差错，以致错发了货。

(2) The wrong pieces may be returned per next available steamer for our account, but it is preferable if you can sell them out at our price in your market. 错发的货请由下一班轮运来，费用由我方负担。但如能在你当地市场按我方价格出售是所至盼。

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