新编外经贸英语函电与谈判课件Unit-09

1、 Unit NineClaims and Arbitrations Correspondence InRe: Claim on TeanWe are holders of Policy No. 54321 issued by your agents on 1,000 cases of tea valued at Stg. 25,500. The ship encountered heavy weather, and 252 cases were damaged by sea water. We are enclosing the certificate of survey, also the

2、Policy, which is against F.P.A.nYour prompt attention is appreciated.nWe are holders of Policy No. 54321 issued by your agents on 1,000 cases of tea valued at Stg. 25,500. n我公司为第54321号保单的持有者。该保单1000箱价值25，500英镑茶叶，由贵方代理商签发。 nThe ship encountered heavy weather, and 252 cases were damaged by sea water.

3、n货船遇到了恶劣天气，252箱茶叶被海水损坏。 nWe are enclosing the certificate of survey, also the Policy, which is against F.P.A.n现随函附上检验报告及保平安险的保单各一份。 nYour prompt attention is appreciated.n贵方如能迅速办理，将不胜感激。n Correspondence IInRe: Claim on Table Clothesnper S.S. “Taching”nUnder Policy No. SH/ZX 10897nWe sent you a preli

4、minary notice of the captioned claim on August 17, 2001, and hereby file a detailed claim for $ 1,700.00nPlease acknowledge receipt of this letter and settle the claim as soon as possible.nSincerely,nEncls. : Statement of Claimn Certificate of Insurancen Invoicen Survey Reportn Packing Listn Letter

5、of Carrier(Copy)nRe: Claim on Table Clothes nper S.S. “Taching” nUnder Policy No. SH/ZX 10897n事由：有关（对）第SH/ZX10897号保单项下由“Taching”号轮运送的台布的索赔nWe sent you a preliminary notice of the captioned claim on August 17, 2001, and hereby file a detailed claim for $ 1,700.00n我方已于2001年8月17日向贵方寄去一份标题所示索赔的初步通知，现提出价

6、值1700美元的具体索赔。nWe need a few facts about the claim you recently filed with us.n关于贵方最近向我方提出的索赔，请提供一些情况。nThis fault of yours caused our clients to file complaints against us.n贵方这一错误已引起我方客户向我方提出责难。nPlease acknowledge receipt of this letter and settle the claim as soon as possible.n收到此函时，请告知我方并尽快办理索赔事宜。

7、nacknowledge v. 告知收到nPlease acknowledge this cheque as soon as you receive it.n收到该支票后，请立即告知。nWe send you by separate mail a copy of Certificate of Quality No. 123, please acknowledge receipt.n现另邮寄去第123号品质证明书副本一份，请确认收到。nEncls. : n附件：n Statement of Claimn 索赔说明书n Certificate of Insurancen 保险证书n Invoice

8、n 发票n Survey Reportn 调查报告n Packing Listn 包装单n Letter of Carrier ( Copy )n 承运人信函（副本）nSTATEMENT OF CLAIMn索赔说明书nVessel: Tachingn船名： nVoyage: Shanghai/New Yorkn运输路线：上海至纽约nDate of Arrival: August 15, 2001n抵达日期：2001年8月15日nShipper: China Ocean Shipping Companyn承运人：中国远洋运输公司nCommodity: 150 cartons of Table C

9、lothsn品名：150箱台布nInvoice: SH-251, valued at $ 25,000.00n发票：SH251号，价值25，000美元nInsurance Certificate: SH/ZX 10897, covering All Risksn保险证书：SH/ZX10897号，投保综合险nInsurance Amount: $30,677.00n投保金额：3，0677美元nNature of Claim: Sea Water Damage, Nondeliveryn索赔原因：海水损坏，不能交货n(3)nDear:nRe: Claim on Sewing MachinesnTh

10、e captioned goods you shipped per S.S. “Yellow River” on May 14 arrived here yesterday.nOn examination, we have found that many of the sewing machines are severely damaged, though the cases themselves show no trace of damage.nConsidering this damage was due to the rough handling by the steamship com

11、pany, we claimed on them for recovery of the loss; but an investigation made by the surveyor has revealed the fact that the damage is attributable to improper packing. For further particulars, we refer you to the surveyors report enclosed.nWe are therefore, compelled to claim on you to compensate us

12、 for the loss, $27,500, which we have sustained by the damage to the goods.nWe trust that you will be kind enough to accept this claim and deduct the sum claimed the amount of you next invoice to us.nSincerely,nThe captioned goods you shipped per S.S. “Yellow River” on May 14 arrived here yesterday.

13、n贵方5月14日通过“黄河”号轮运送的标题所示货物于昨日抵达本地。nOn examination, we have found that many of the sewing machines are severely damaged, though the cases themselves show no trace of damage.n在检查时，我方发现许多缝纫机损坏严重，可是货箱本身没有损坏的痕迹。nConsidering this damage was due to the rough handling by the steamship company, we claimed on

14、them for recovery of the loss;n考虑到损坏是由于船运公司的野蛮装卸所致，所以为了补偿损失，我方向船运公司提出索赔；n but an investigation made by the surveyor has revealed the fact that the damage is attributable to improper packing. n但一份由检验人出具的调查报告揭示了这样的事实，即损坏是由于不恰当的包装所致。 nFor further particulars, we refer you to the surveyors report enclos

15、ed.n详情请见随函附上的检验人报告。nclaim on向提出索赔nWe claimed on the shipping company for the recovery of the loss.n我方向船运公司提出了索赔以弥补损失。nWould you please return the broken items so that we can claim from our insurance company.n请退回破损的货品以便我方能向保险公司索赔。nbe attributable to 因于nThe accident is attributable to the effects of t

16、he wet weather during the long sea voyage.n事故归咎于长期海洋航程中潮湿天气的作用。nrefer sb. to sth.请某人查阅某事nWe refer you to our letter of March 15.n请参阅我方3月15日去函。nWe refer you to your insurance company for recovery of this fee.n请与贵方保险公司商洽，要求赔偿这笔费用。nWe are therefore, compelled to claim on you to compensate us for the lo

17、ss, $27,500, which we have sustained by the damage to the goods.n因此，我方被迫向贵方提出索赔，来补偿我方由于货物受损而遭受的27500美元损失。ncompensate sb. for sth. 为赔偿某人nMany factories compensate their workers if they are hurt at work.n对工人工伤，许多工厂都抚恤赔偿。nThe insurance company will undertake to compensate you for the losses according t

18、o the risks covered.n保险公司将按照投保险别负责赔偿损失。ncompensate for赔偿，补偿nYour prices are slightly higher than we had expected but as the quality was also higher than we had expected, then the one thing compensates for the other.n贵方价格比我方预料的要高一点，不过质量也比我方预料的要好，因此失之一方由另一方得到补偿。nsustain v. 遭受nWe demand a compensation

19、for the loss we have thus sustained.n我方要求贵方赔偿我方由此而遭受的损失。nThe sellers shall be fully responsible for the dead freight, demurrage and all other losses thus sustained.n对于空舱费、滞期费以及由此而遭受的一切其他损失，卖方应完全负责n是指租船人向船东或租船经纪人在租船人所装载货物少于租约约定时支付的赔偿金数额。空舱费通常按全运费率支付，但如果运输费包括装卸费，则要减去装卸费。 n在租船合同中，当船舶装货或卸货延期超过装卸货时间时，由租船

20、人向船东所支付的约定款项。 nsustain v. 证实，证明nOur products have long enjoyed a reputation for fine workmanship, and the present shipment will be found to sustain our claim.n我方产品工艺精良，久享盛誉，这批到货即可证明我方所言正确。nWe trust that you will be kind enough to accept this claim and deduct the sum claimed from the amount of you ne

21、xt invoice to us.n我方相信贵方会接受这一索赔并把索赔的款项从贵方下次寄来的发票金额中扣除。ndeductfrom(an amount)从中扣除nIn your copy invoice No. 100 to our customers, we notice that you have deducted our commission of 3% from the value of the shipment.n从贵方给我方客户的100号发票副本中，得知贵方已将我方佣金3%自货价中扣除。n(4)nDear:nWe have received your letter of 15th

22、July, informing us that the sewing machines we shipped to you arrived damaged on account of imperfectness of our packing.nUpon receipt of your letter, we have given this matter our immediate attention. We have studied your surveyors report very carefully.nWe are convinced that the present damage was

23、 due to extraordinary circumstances under which they are transported to you. We are therefore not responsible for the damage; but as we do not think that it would be fair to have you bear the loss alone, we suggest that the loss be divided between both of us, to which we hope you will agree.nSincere

24、ly,nWe have received your letter of 15th July, informing us that the sewing machines we shipped to you arrived damaged on account of imperfectness of our packing.n贵方7月15日来函已收到。从中得知我方运给贵方的缝纫机抵达时已损坏，原因是由于我方包装不理想。non account of 由于，因为nWe have to cancel the order on account of your failure to ship the go

25、ods within the specific time.n由于贵方未曾在规定期限内装货，我方不得不撤销定单。nUpon receipt of your letter, we have given this matter our immediate attention. We have studied your surveyors report very carefully.n一收到此函，我方立即处理此事，仔细地研究了贵方检验人的报告。nWe are convinced that the present damage was due to extraordinary circumstances

26、 under which they are transported to you. n我方确信目前这种损坏是由于货物在运往贵方途中所处的异常环境所致。 nWe are therefore not responsible for the damage; n因此，我方对此次损坏不负责任；n but as we do not think that it would be fair to have you bear the loss alone, we suggest that the loss be divided between both of us, to which we hope you w

27、ill agree.n但由于我方认为单由贵方承担损失有失公平，建议损失由贵我双方平摊，希望贵方能够同意。nbe convinced 相信nWe are convinced of the commercial integrity of the supplier.n我方相信该供应商的商业信誉。nWe are convinced that we are offering you machines which cannot be obtained elsewhere at the price.n我方相信，我方现在报盘的机器，从别处用同样的价格是买不来的。nTake the letters as sam

28、ples to analyze and illustrate the structure of letters on claim.n1.写明已经收到所订货物，并注明该货物是通过哪条船装运，于何时抵达的。n2.写明索赔的原因。n3.提出索赔的要求，希望对方能够接受。nSentence PatternsnI. Make complaintsn1.to make (lodge, lay, file) a complaint with a department about sth.因某事向某部门抱怨nThe customers made complaints about the quality of

29、the radios supplied by you.nThe importer has filed a complaint with our Corporation about poor packing of the goods.n2. to complain to sb.of (about) sth.向某人抱怨nWe have to complain to you about the delay in shipment which has caused us much trouble.nThe buyers complain to the sellers of the breakage o

30、f the goods.n3. to be of the quality是的质量nWe regret to complain that your consignment of cotton piece goods shipped by M.V. “Taching” is not of the quality and color of the sample piece.n4. to be not up to达不到nWe are sorry to learn that the quality of your shipment is not up to the agreed specificatio

31、ns.nYour goods are not up to the standards commonly accepted.n5. to correspond with (to be in conformity with)与一致nOn examination we find that the consignment does not correspond with the original example.n6. to be short by短少nOn opening the container we found that the goods were short by 20 cases and

32、 we hope you will do your utmost to remedy it.n7. to be (found) short weight by短重nYour shipment of our Order No. 630 has been found short weight by 220 kilos.n8. to findmissing发现丢失nMuch to our regret, after inspection of the consignment we found Art. No. A63 missing.n9. to be damaged被损坏nOn opening t

33、he cases we found that 25 sets of video recorders had been damaged by sea-water, and seem to be a complete write-off（报废）.nII. Lodging claims1. to lodge (file, make, raise, submit, register, put forward, place) a claim提出索赔nWe have to lodge a claim against you on this shipment for $2,100 on account of

34、 short weight.nOn the basis of the Survey Report from the Commodity Inspection Bureau, we hereby register our claim with you against this cargo in respect of quality.nClaim for perishable goods （易损、易腐物品）are to be put forward immediately after arrival of the goods at destination.n2. to claimfor为提出索赔n

35、We cannot but claim on you for the recovery of the loss.nWe reserve the right to claim compensation from you for any damage.n3. to ask sb.to ship (dispatch) replacement (or: to ask for replacement)要求某人发运或更换货物nAs you see in our survey report stating 50 TV sets severely damaged, we ask you to ship the

36、 replacement for the broken goods as soon as possible.nWe ask for replacement by the correct number in the nearest future.n4. to ask for (demand) compensation要求赔偿nIn order to settle the problem, we ask for compensation for the loss we suffered.nWe have to demand a compensation from you for the sum i

37、ndicated above.nIII. Acceptance of claimsn1. to accept (entertain) a claim接受索赔nWe are sorry to learn of your complaints about the quality of the goods and are prepared to accept your claim.n2. in settlement of解决nOn going into the matter we find that a mistake was indeed made in the packing through a

38、 confusion of numbers, and we have arranged for the replacement goods to be dispatched to you at once in settlement of your claim.nThough we find no difference between the shipping sample and the original sample in our hands, we will meet you half way by offering a discount of 10% in settlement of t

39、he dispute.3. to be liable for 对负责nAccording to the contract stipulations, we are not liable for the damage. But in view of our long business relation with you, we agree to the extra 2% discount on this occasion.nIV. Rejection of claimsn1. to be without foundation没有根据nWe regret we cannot entertain y

40、our claim, which is without any foundation.n2. to refer sth.to sb.提交某人处理某事nAs the goods have been insured, you may refer the matter to the insurance company or their agents at your end.nAs the shipping company is liable for the damage, your claim, in our opinion, should be referred to them for settl

41、ement.n3. to repudiate ones liability for sth.拒绝对某事负责nWe must repudiate our liability for the claim on account of lack of evidence.n4. to be normal是正常的nSuch color deviation existing between the products and the samples is normal and permissible, therefore, the claim for compensation is unacceptable.

42、n5. to settle by arbitration通过仲裁来解决nThis is the maximum concession we can afford. Should you not agree to accept our proposal, we would like to settle by arbitration.Contentsn1.Brief introductionn2.Claims and arbitrationsn3.Useful words & expressions n4.Basic Expressions5.Substitution Drills6.Wr

43、iting strategies7.Practicen8. Summary 9.Assignment1.Brief introductionnIn 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 ca

44、ll the other partys 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, sell

45、ers may also raise claims against buyer for non-establishment of L/C or breach of contract.1.Brief introductionn在执行合同的过程中，签约双方都应该严格履行合同义务。任何一方如果不能严格履行，就会给另一方带来麻烦。在这种情况下，受损失的一方有权根据合同规定要求责任方赔偿损失或采取其他补救措施。受损失的一方采取的这种行动称之为“索赔”，而责任方就受损失一方提出的要求进行处理，叫做“理赔”。 在业务中常见的是买方向卖方提出索赔，如卖方拒不交货、逾期装运、数量短缺、货物的品质规格与合同不符、

46、错发错运、包装不妥、随船单证不全或漏填错发等致使买方遭受损失时，买方可向卖方提出索赔。但是在某些情况下，卖方也向买方提出索赔要求，如买方拒开或迟开信用证、不按时派船、无理毁约等致使卖方遭受损失时，卖方也会向买方提出索赔。2.Claims and Arbitrationsn9.3.1 ClaimsnIn international trade, when the seller fails to deliver his goods, or the buyer fails to fulfill his payment obligation，or the two parties have differ

47、ent understandings, or one of the parties intentionally creates disputes, the party which sustains the loss will lodge a claim. When you make a claim to the other party, you must notice the object of claim including shipper, carrier and insurance company, and at the same time,you must notice the cau

48、se of claim, amount of claim and validity of claim. which are connected with many factors, such as, kinds of goods and characteristic of goods and so on. Claim must be accompanied by claim list, invoice, packing list, insurance policy, survey reports of recognized public surveyors agreed to by the s

49、ellers and so on. If both parties couldnt arrive at a concerted opinion and result in a dispute, they would settle their dispute by an appropriate approach. 2.Claims and Arbitrationsn9.3.2 ArbitrationsnSimilar to domestic trade, disputes are inevitable in international trade; there are a number of 4

50、 alternative ways to settle a dispute in international transactions, including conciliation, mediation, arbitration , and litigation. In addition to amicable settlement and conciliation, arbitration is one of the several ways of settling an international trade dispute. It is a means of settling disp

51、utes between the two parties through the medium of a third party who is not partial to either of the parties to the dispute, and whose decision on the dispute is final and binding. Arbitration refers to a dispute settlement , process where the parties to the dispute, before or after the dispute aris

52、es, enter a written arbitration agreement to submit their dispute, based upon their own choice, to a third party to decide on their dispute. “conciliation” 和“ mediationn英文中“conciliation” 和“ mediation” 翻译成中文，都叫“调解”，但二者存在区别。在英国和欧洲一些国家，“Conciliation”重在体现调解员对双方分别做工作，或召集当事人自行协商，促成当事人达成和解，类似国际法上的“斡旋”；而“Me

53、diation”，则体现出调解员直接主持当事人之间的谈判，并提出建议作为谈判的基础，类似国际法上的“调停”。3.Useful words & expressions claim n. v. 索赔 nclaim for damage (poor packing)n因破损（包装不良）提出索赔 nclaim on / against somebodyn向提出索赔 nto lodge a claim against somebody for short-weight on somethingn因货物短重而向提出索赔 naccept a claimn接受索赔 nsettle a claimn解决

54、索赔 nentertain a claimn受理索赔 nadmit a claimn同意索赔 ndismiss a claimn驳回索赔 3.Useful words & expressionsnwithdraw a claimn撤回索赔 nreject a claimn拒绝索赔 nclaim on account of damagen因损坏而索赔 nclaim for damagen由于损坏而索赔 nclaim for financial lossn要求经济损失的索赔 nclaim for inferior qualityn因质量低劣而索赔 3.Useful words &

55、expressionsnBuyers have lodged a claim on this shipment for RMB￥1,300 for short weight. n因短重买方对这批货物提出人民币一千三百元的索赔。nAs regards inferior quality of your goods, we claim a compensation of $15,000. n关于你方产品质量低劣的问题，我方要求你方赔偿一万五千美元。 nWe shall lodge a claim for all the losses incurred as a consequence of your

56、 failure to ship our order in time. n由于你方未能按时交货，我方将向你方提出由此而遭受的全部损失的索赔。 3.Useful words & expressionsnassurance n.保证；把握；承诺 nassure v.使确信；使放心 nassured adj.确定的；有保证的；感到放心的 nYou may have our assurance that we will do our best to expedite shipment. n我们答应你方尽全力加速装运。 nThey assured us that they are one of

57、the leading dealers in machinery in this area. n他们向我方保证他们是这一地区主要的机械设备主要经营商之一。n We are assured that they will settle their accounts with us on time. n我们保证他们会按时与我方结账。 3.Useful words & expressionsndischarge v. n.卸货；履行 ndischarge cargo from a ship n从船上卸下货物 ndischarge a ship of the cargo n把货卸下船 ndisc

58、harge ones debt n清偿债务 ndischarge receipt n卸货收据 nport of dischargen卸货港 3.Useful words & expressionsnshort 短；少nWe have to lodge a claim against you for a short-weight of 5 tons. n由于短重五吨，我们必须向你们提出索赔。 nOur commission on this order is short-calculated. n本次订货的佣金少算了。 nThe short-delivered goods you alle

59、ged might have occurred during transit, and that is a matter over which we cannot exercise control. n你方提出的货物短交问题，可能发生在运输途中，而这是我方无法控制的。 nYour L/C is short-opened to the amount of $125. n你方信用证少开了一百二十五美元。 nThe shipment is short-invoiced by $315. n此批货物的发票少开了三百一十五美元。 3.Useful words & expressionsnsett

60、lement n.解决；清偿 nsettle v. 解决；清偿 nsettlement by amicable arrangement n以友好的办法解决 nsettlement by arbitrationn以仲裁方式解决 nsettlement of balancen结清余额 nsettlement of claims n解决索赔nPlease settle this long outstanding account without further delay. n请清偿这笔长期未清的账目，勿再拖延。 nWe enclose a check in settlement of all commissions owing. n我们附上支票一纸清偿所