Claim and settlement商务索赔和理赔

1、LOGO“ Add your company slogan ”资料搜集：PPT制作：speaker：Introduction of Claims123SettlementUseful Expressions1.1 Definition of Claim 1.2 Reasons of Claim 1.3 Responsibility 1.4 Parts of A Letter and Writing Skills1.1 Definition of ClaimClaim means that in international trade, one party breaks the contract

2、 and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses .买方索赔：买方索赔：品质低劣( Inferior Quality )；品质差异( Different in Quality )；包装不善( Deficient in Packing )；数量短缺( Insufficient Quantity )；运输延迟( Delayed Delivery )。 卖方索赔：卖方索赔：买方迟开、拒开

3、信用证；不按时付款赎单，无理拒收货物；(FOB)不按时派船或签订运输合同、指定交货地点。 如货物损失属轮船公司或保险公司责任范围，则受损方应及时提出索赔。 1.2 Reasons of Claim1.3 Responsibility(a) Claims against the seller. A claim may be filed by the buyer against the seller where the seller fails to make timely delivery or refuses to make delivery; where the goods delivere

4、d by the seller is not in accordance with the contracted quantity, quality, specification; and the goods are damaged due to improper packing etc. (b) Claims against the shipping company. The shipping company is responsible for the relevant losses and damages where shipping company is responsible for

5、 circumstances such as: the quantity of the goods is less than that stated in the relevant B/L; the goods have traces of damages under a clean B/L. (c) Claims against the insurance company. Under circumstances such as: goods in transit incur losses or damages that are caused by natural calamities, a

6、ccidents and other events that are within the coverage of insurance, then the insurance company shall be responsible for the losses and damages. 索赔信函的写作步骤及常见表达方式：3. Parts of A Letter and Writing Skills2. Settlement 指在进出口交易中，因一方违反合同规定，直 接或间接地给另一方造成损失，受损方向违约方提出赔偿要求，以弥补其所受损失。一方对另一方提出的索赔进行处理，则是理赔（Claim

7、Settlement） the claim is reasonable the claim is unreasonable回复索赔信函（索赔合理的情况下）的写作步骤及常见表达方式：回复索赔信函（索赔合理的情况下）的写作步骤及常见表达方式： 回复索赔信函（索赔不合理的情况下）的写作步骤及常见表达方式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。3. Useful ExpressionsWords:Claim 索赔，赔偿要求N. To state that something is true, ev

8、en though it has not been proved表示索赔的原因，接介词for,如claim for damage;表示索赔的金额，接介词for, claim for us10,000;表示对某批货物索赔，接介词on,如claim on the goods;表示向某人索赔，接介词against/with/on/upon,如claim against the underwriters表示提出索赔用到的动词除lodge外，较常用的动词还有raise,file和put in;此外，还可用make, issue,lay,register,render,enter,bring up set

9、 up 等。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.如：We file a claim against you for the short delivery of 145 pieces.我们向你方提出短交145件的索赔。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

10、 a claim 放弃索赔Withdraw a claim撤回索赔Claim和其他动词搭配的部分常见短语和其他动词搭配的部分常见短语:replace v. be or provide a substitute for 提供代替品, 替换句式：replace A with (by) B replace A A be replaced with B B replace A replace with (by) Be.g. 请立即寄来我们所需要的商品来代替在运输途中受损的商品Please send the goods we need to replace those damaged during tr

11、ansit. n.replacement 代替或被代替的行为或过程;替换替换货物 make replacement with B make replacement of A 2. inspection n. the act of checking, examining 检验,检查commodity inspection 商品检验Inspection Certificate 检验证书 v. inspect 检验,检查 e.g. 货物到达我方港口, 我们立即重新检验了货物 Upon arrival of the goods at our port we had them immediately r

12、einspected. survey n. a detailed inspection or investigation 检验,检查 v. inspect carefully investigate 调查,检查e.g.货物一装运马上进行了检验The goods were surveyed immediately after loading. e.g.根据调查报告,货物装运时完好无损。 According to the survey report, the goods were in good condition when shipped. (1)Giving the details of pr

13、oblem typical expressions Poor packingWe regret to inform you that Case No.36 is broken. The contents are seriously damaged owing to improper packing.很遗憾地通知你方,36号箱子破了 由于包装不当,里面货物严重受损We found 8 cartons were torn and 4 cartons were broken. 我们发现8箱散了,4箱破了Poor qualityTo our surprise we found them far bel

14、ow the standard and didnt meet the sample.使我们吃惊的是,我们发现货物远达不到标准,比样品差远了We found the quality is not in conformity with what we stated in the contract. 我们发现货物质量与合同规定的不一致Useful sentences：ShortageWe feel it regrettable that only 97 cases were received by us. 很遗憾我们只收到97箱After inspection of the above shipme

15、nt we found. boxes missing.经检验发现箱货物丢失Wrong goodsEverything appears to be correct and in good condition except in Case No. 40.除40号箱外其他货物正常,状况良好When we opened this case we found it contained completely different articles. 打开这个箱子,我方发现里面的货物完全不对 2) Making a complaint or lodging a claim, asking for settle

16、ment, typical expressions Your last shipment is so disappointing that we cannot but lodge a claim against you.你方上次的货物太令人失望了,我方不得不向你方提出索赔We must ask you to arrange for the dispatch of replacements at once.我方要求你方立即安排发运替换品 3) Expecting typical expressions Please let us know what you wish us to do with

17、it. 请让我们知道你们想怎样处理Your early clarification and settlement of the case will be appreciated. 如你方能尽早澄清此事,及早解决,我们将不胜感激 4) Reply to such letters shall also be handled with care and written in amicable way. Typical expressions to help you in the settlement are: Notice of complaint or claimWe were glad to k

18、now that the consignment was delivered promptly but it was with much regret that we heard Case No.40 did not contain the goods you ordered.很高兴得知,货物按时运到了,但很遗憾得知40号箱所装货物不是你方订购的货We are in receipt of your letter of May 1 claiming for short weight on the consignment of.收到你方5月1日来信,向我方索赔的短重Acceptance of co

19、mplaint or claimWe regret for the losses you have suffered and agree to compensate you by USD15,000.对你方所遭受的损失我方深表遗憾,同意赔偿15,00We are prepared to compensate you by 10% of the total invoice value.我们打算赔偿你方发票价值的10%Rejection of complaint or claimYour claim should be referred to the insurance company.你方应向保

20、险公司索赔We looked into the matter and found that our.was properly weighed at the time of loading.我们调查了此事,认为装运时货物的重量是正确的The goods in question were in first-class condition when they left here, as was evidenced by the Bill of Lading. 该货物离开这里时状况良好,这有提单为证 Sample 1: Dear Sirs, RE:CLAIM FOR SHORT WEIGHT 1500

21、 cartons of canned mushroom under the contract No. FA1770854 have been shipped to Antwerp by YONGFENG“ steamer on 10th Sept. When taking the delivery,145 cartons have been found missing. We were told by the shipping company that only 1355 cartons had been shipped on the steamer. Because the weight i

22、s short in large quantities, please make up a deficiency of 145 cartons of the missing goods when you deliver the last three items. You are kindly requested to check whether these 1500 cartons of mushroom were loaded on ship in whole at the port of shipment. Please reply by cable. Yours truly, 敬启者: 事由:由于短重而引起的索赔 第FA1770854号销售确认书项下1500箱蘑菇罐头，由永丰轮于9月10