Chapter 9 Complaints, Claims and Settlement（课件）《外贸英文函电》（电子工业出版社）

Chapter 9 Complaints, Claims and Settlement Business Letters 主讲：XXX 1 Introduction 01. Specimen Letters 02. Useful Expressions 03. Content Exercises 04. 2 Chapter 9 Complaints, Claims and Settlement 3 Complaints, Claims and Settlement When dissatisfaction is experienced with the performance of sales contracts in international trade, letters of complaint, claim and settlement are commonly written between the importers and exporters. Learning Objectives To know the essential reasons of letters of complaints and claims; To know the principles of handling claims; To comprehend the essential content of letters of complaints and claims; To master some relevant and useful expressions. Chapter 9 Complaints, Claims and Settlement 4 Step 01 Step 02 A complaint is an expression of dissatisfaction in the performance of the contract, while a claim is a request for compensation for the loss. A settlement letter, in reply to a claim, makes clear explanation or promises to take actions. 3.1 Introduction Chapter 9 Complaints, Claims and Settlement 5 It is common for the importer to express dissatisfaction to the exporter. Such letters are called “complaints”. If such complaints fails to be dealt with satisfactorily, the importers can raise “claims” on the goods for compensation for their losses as the injured party. In international trade, complains and claims may sometimes occur no matter how well we have planned and how carefully we have worked to carry out the sales contract , so it is very important for us to learn the comprehension and writing of complains, claims and settlement. 9.1.1 Complaints and Claims Chapter 9 Complaints, Claims and Settlement 6 When writing letters of complaint or claim, we should be prompt, specific and courteous and choose the wording carefully. The following content are usually covered: expression of regret with specific information of the order; statement of the problem(s); explanation of possible causes of the problem(s); description of the loss or inconvenience caused by the problem(s); proposed action(s) to take or compensation to make. 9.1.1 Complaints and Claims Chapter 9 Complaints, Claims and Settlement 7 In the light of different reasons, complaints and claims generally include(but are not limited to) the following: wrong delivery of goods; inferior quality of goods; short delivery of goods; damage of goods; late delivery. 9.1.1 Complaints and Claims Chapter 9 Complaints, Claims and Settlement 8 Requirements that can be made in letters of claim can be generally classified into 4 types as follows: compensation for the loss; replacement of the wrong or defective goods; discount on the invoiced cost; price reduction in future deals; refund of the purchase price. 9.1.1 Complaints and Claims Chapter 9 Complaints, Claims and Settlement 9 When we receive a claim letter, it is crucial to make careful and detailed investigations into the matter to identify the real cause(s) of the problem and whose responsibility it is. Only after that can we make certain whether the claim is justified or not, and decide best way of settlement. Replies to claim letters should follow the principle of “on the first ground, to our advantage and with restraint”. Since there are both justified and unjustified claims, we should give positive replies to the former, and negative replies to the latter, and both should be done in a clear, courteous and fair way. 9.1.2 Principles of Handling Claims Chapter 9 Complaints, Claims and Settlement 10 Accepting a Justified Claim Express our regret; Give factual explanations of the reason(s); Promise to take steps to settle the matter; Express our sincere apology and our hope for forgiveness or further cooperation. Rejecting an Unjustified Claim Express our regret; Give factual explanations of the reason(s); Reject the claim and explain why in a tactful and courteous way; Express our sympathy for the loss again. Chapter 9 Complaints, Claims and Settlement 11 Complaints and claims about Wrong Goods Delivery Complaints and Claims for Non-conformity Quality Claims for Short Delivery Chapter 9 Complaints, Claims and Settlement 9.2 Specimen Letters Compensation Negotiations Application for Deferred Compensation Claims for Poor Packing Rejection of a Claim Acceptance of a Claim Claims for Short Weight Application for Compensation Installment Compensation Alternatives 12 Letter 1 Wrong Delivery of Kids’ Boots 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement Dear Sirs, Thank you for your prompt fulfillment of our order No. 678 of 2,000 Snow Boots. The goods arrived on 21 October. Everything appears to be correct and in good condition except Case No. 3. On examining the goods, we were surprised to find that Case No. 3 contained Kids’ Boots which we have not ordered. We can only presume that a mistake was made in assembling the order and the contents of this case were for another order. As customers are still waiting for our deliveries, we must ask you to arrange for the dispatch of replacements at once. We attached the contract of our order and please recheck soonest. In the meantime, we are keeping the above-mentioned case at your disposal, and please let us know what you wish us to do with it. Yours faithfully, Yours sincerely, (Signature) 13 Language points： 1. fulfillment n. 履行；完成 e.g. Order fulfillment is relatively fast in some retail settings, as products are presented and bought at a point-of-sale terminal, and are taken home by customers immediately after payment. 订单的履行在一些零售环境中相对较快，因为产品在销售点终端提供和购买，并且顾客一付款就会将产品带回家。 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement 14 Language points： 2. in…condition 处于……状态 e.g. The goods have arrived in apparently good condition. 商品已运到，外观完好。 常用搭配： in perfect condition 状态完好无损 in poor condition 状况糟糕 in a damaged condition 有损坏情况 in rotten condition 有发霉情况 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement 15 Language points： 3. on examining… 检查以后，（马上）就…… on/upon doing 表示“一做某事，就……”，相当于after doing。变体是on/upon+动作的名词形式。 e.g. On examining the paper, we regret that we cannot entertain such a claim. 我方仔细查看了文件，很遗憾我方无法接受这样的索赔。 On comparing the goods we received with the samples, we found they were not of the color. 将收到的货物与样品一比较，我们就发现颜色不同。 Upon the examination of Case No.1, a shortage of 5 M/T was found. 1号货箱经检查，发现短重了50吨。 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement 16 Language points： 4. presume v.（不肯定地）认为；假定；推测 e.g. The contract presumes that both buyers and sellers are rational. 这个合同假定买卖双方都是在理性的状态下签订的。 5. assemble v. 装配，组装；收集，配齐 e.g. We have assembled all the materials you need. 我方已配齐你方需要的所有材料。 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement 17 Language points： 6. dispatch n. 发货；发送 e.g. We have 90 cartons of goods ready for dispatch to Mombasa, Kenya. 我方有90箱货品准备运往肯尼亚的蒙巴萨。 常用搭配：arrange for the dispatch of sth. 安排发送某货物 其他用法：dispatch v. 发出；发送 7. at one’s disposal 听候某人安排；由某人处理 e.g. Shall we return the case of wrong goods to you or keep it at your disposal? 我方是退回这箱错发的货品？还是保留货品由贵方来处理？ 9.2.1 Complaints and Claims about Wrong Goods Delivery Chapter 9 Complaints, Claims and Settlement 18 Letter 2 Inferior Quality of Wireless Solar Speakers 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement Dear Sir, We are pleased that the shipment of Model F403 wireless solar speakers of our order No. 345 of 3 August has duly arrived. Much to our regret, we have to inform you that the quality of your shipment is not up to the standard of our customers’ expectation. The Model F403 wireless solar speakers that you delivered was poorly finished with inferior quality. Such goods are unsaleable in our market. Under such circumstances, we would like you to refund the money we paid for this shipment. Alternatively, if this is unacceptable, we should be prepared to accept Model F503 wireless solar speakers at the same price. We look forward to your early reply. Yours faithfully, (Signature) 19 Language points： 1. duly adv. 正如预期地；适时地；及时地 e.g. We trust you will duly insure the goods at your end. 我方相信你方将如期在你地为货物投保。 相关词语：due adj. 预定到达的；到期限的；预期的 overdue adj. 到期未付的；拖欠的；逾期的 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement 20 Language points： 2. much to one’s regret 令某人非常遗憾的是…… e.g. Much to our regret, it is difficult for us to accept your price as it is out of line with the market level. 十分遗憾，由于你方价格与市场行情不符，我方恐难接受。 To one’s+表情感的名词，在句子中作评论性状语，表示某人因某事的发生唤起了内心的某种情感，通常翻译为“令某人感到……是”。 例如： 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement to one’s surprise（吃惊） to one’s disappointment（失望） to one’s horror（恐惧） to one’s relief（放心） to one’s embarrassment（尴尬） to one’s annoyance（烦心） 21 Language points： 2. much to one’s regret 令某人非常遗憾的是…… e.g. To our annoyance, the delivery of the goods was once again delayed. 让我们不快的是，货物的交付再次被延误了。 注意：和修饰谓语的状语不同，评论性状语修饰的是整个句子，一般表明的是对话语的看法或态度；结构上，通常位于句首，常用逗号与句子的其他部分隔开。 如果想要强调这种情感的程度，可以在to前加上much修饰整个状语，或者在情感名词前加deep、great、utter、much等。 例如，much to one’s delight （欣喜），to one’s great satisfaction （满意） 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement 22 Language points： 3. up to the standard 达到标准，符合标准 e.g. The spare parts we received are not up to standard of the samples you sent us. 我方收到的备件不符合你方寄来的样品的标准。 相关表达：below the standard 低于标准，不如标准 4. poorly finished 做工粗糙的 e.g. Products which are obsolete or poorly finished will not fetch high prices on the market. 过时或者粗制滥造的商品在市场上卖不了高价。 相似表达： 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement poorly made 质量低劣的 poorly designed 设计糟糕的 poorly packed 包装不良的 23 Language points： 5. inferior quality 劣质，次品 e.g. You must have received the samples of the goods with inferior quality. 你们一定已经收到了劣质商品的样品。 相似表达：poor quality 相关表达： 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement good quality 优质 high quality 高质量 top quality 上乘品质 24 Language points： 6. unsaleable adj. 无法销售的，没有销路的 e.g. The snow boots of such small sizes are almost unsaleable in our country. 这么小尺码的雪地靴在我们国家几乎卖不出去。 相关词语：saleable adj. 适合销售的；有销路的 7. alternatively adv. 或者，要不然 e.g. We would need a credit from you if you want us to keep the products; alternatively, you could replace them with products of the right quality. 如果贵方希望我方留下商品，那么我方需要贵方予以部分退款；或者，贵方也可以用正确质量的商品进行换货。 相关词语：alternative n. 另一种（可供替代的）选择 adj. 备选的 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement 25 Language points： 8. unacceptable adj. 难以接受的，无法接受的 e.g. I’m afraid your offer is unacceptable unless the price is reduced by 5%. 我方无法接受贵方的报价，除非减价5%。 相关词语：acceptable adj. 可以接受的 accept v. 接受 9.2.2 Complaints and Claims for Non-conformity Quality Chapter 9 Complaints, Claims and Settlement 26 Letter 3 Reply by a manufacturer 9.2.3 Claims for Short Delivery Chapter 9 Complaints, Claims and Settlement Dear Sirs, The shipment under Order S/C No. YYDS2468 arrived at Port Amsterdam on 6 November. All the outer packages of each carton are in good condition. To our regret, we noticed that there was a short delivery in one of the cartons. According to the packing list, carton No.12 should have contained 40 dozen leather wallets and 30 dozen leather hand bags. But there were, in fact, only 40 dozen leather wallets in it. It means a shortage of 30 dozen leather hand bags. As our customers have stressed the importance of delivery not later than the end of this month, we hope this shortage can be resolved at once. Looking forward to your early reply. Yours faithfully, (Signature) 27 Language points： 1. outer package 外包装，运输包装 e.g. The outer package should be strong enough for ocean transportation. 外包装应该足够坚固，适合海运。 相似表达：transport/shipping package 外包装，运输包装 inner/sales package 内包装，销售包装 2. should have contained… 本来应该装有…… e.g. The goods should have been delivered last Friday. 本来上周五就应该交货了。 Should have done sth. (should+动词完成体)是虚拟语气的用法，可表示本来应该做某事，但事实上却没有做。与之相反的是shouldn’t have done sth.，表示本来不应该做某事，但事实上却做了。两者都含有认为实际的做法并不可取或与预期相悖的评价，常带有责备意味。 9.2.3 Claims for Short Delivery Chapter 9 Complaints, Claims and Settlement 28 Language points： 3. shortage n. 缺少，（数量或重量）不足 e.g. Please send us the goods to make up for the shortage at once. 请立即将货物寄给我们以弥补短缺。 常用搭配：a shortage of 缺乏…… 相关词语：short adj. 缺少的；（数量或重量）不足的 常用搭配： 9.2.3 Claims for Short Delivery Chapter 9 Complaints, Claims and Settlement short delivery n. 短交 short shipment n. 短装 short-loaded adj. 短装的 short-landed adj. 短卸的 short-paid adj. 少付的 short weight n. 短重 short-delivered adj. 短交的 short-weight n. 短重；adj. 短重的 short-invoiced adj. 发票少开的 be short of 缺乏…… 29 Language points： 4. not later than 不迟于 e.g. Documents must be presented not later than the expiry date of the Credit. 单据必须在不迟于信用证到期之日提交。 9.2.3 Claims for Short Delivery Chapter 9 Complaints, Claims and Settlement 30 Letter 4 Poor Packing of Sewing Machines 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement Dear Sirs, The sewing machines under our Order No. 987 shipped per M.V. “Cosco Shanghai” arrived at Port Liverpool on 18 January. Much to our regret, on examination, we found many of the inner packages deformed and the contents damaged, though the cases themselves showed no trace of damage. Considering this damage was due to rough handling by the steamship company, we claimed with them for the loss involved. But after having qualified surveyors look into the cases, we discovered that the damage was due to improper packing. For further particulars, we refer you to the report enclosed. We are, therefore, compelled to claim on you for compensation for the loss of $19, 800, which we have sustained by the damage to the goods. We believe that you will be kind enough to accept this claim and deduct the sum claimed from the amount of your next invoice to us. Yours faithfully, (Signature) 31 Language points： 1. deform v. 变形；使（某物）变形 e.g. This material deforms easily at high temperature. 这种材料在高温下容易变形。 相关词语：deformed adj. 变形的 相似词语：damaged, broken, shattered, cracked, scratched 2. trace n. 痕迹；迹象 e.g. Traces of rust should be removed from the surface of the metal before applying paint. 涂漆前，应该先清除金属表面的锈迹。 3. be due to 是由……造成的，是由于…… e.g. The loss, evidently, is due to the delay of shipment. 显然，损失是由于装运延误所致。 相似表达：be caused by; be attributable to 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement 32 Language points： 4. claim with sb. for sth. 因某事向某人索赔 (1) claim v. 索赔 e.g. We claim with you for grade unconformity on the 20,000M/T of iron ore. 我方就2万吨铁矿石的品位不符向贵方提出索赔。 常用搭配： 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement claim against/with sb. 向（某人）提出索赔 claim on 对（某货物或某人）提出索赔 claim for sth. 因（某原因）提出索赔 33 Language points： 4. claim with sb. for sth. 因某事向某人索赔 (2) claim n. 索赔（作名词时，也可与上述介词搭配） e.g. The insurance company did not entertain our claim, because the FPA does not cover loss of the nature of particular average. 保险公司没有受理我们的索赔，因为平安险不承保单独海损性质的损失。 常用搭配： 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement withdraw one’s claim 撤回索赔 waive one’s claim 放弃索赔 settle one’s claim 处理索赔 reject one’s claim 拒绝索赔要求 entertain/ accept/accommodate one’s claim 满足索赔要求 lodge/file/make/register/submit/raise/forward/bring up/put in a claim 提出索赔 34 Language points： 5. loss n. 损失 e.g. Such mistakes will cause both direct and indirect losses to us. 这种错误将给我们造成直接和间接的损失。 其他用法：lose v. 失去 6. qualified surveyor 有资质的商检机构，合格的商检员 e.g. The survey results should be recorded by the same qualified surveyor. 调查结果应由同一位合格的商检员记录。 7. improper adj. 不恰当的，不正确的 e.g. Please observe the operating instructions to avoid damage to the machine due to improper use. 请遵守操作说明，避免因使用不当而损坏机器。 反义词：proper adj. 恰当的 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement 35 Language points： 8. be compelled to… 觉得必须（做）……，有必要（做）……，不得不（做）…… e.g. We are compelled to improve our services to enhance our reputation. 我们觉得有必要改进服务来提高我们的声誉。 相似表达：be obliged to… 不得不（做）……，有责任（做）…… 9. compensation n. 补偿，赔偿金 e.g. Compensation shall be made according to the actual loss in case of a missing parcel. 丢失包裹按实际损失赔偿。 常用搭配：as compensation for… 作为对……的补偿 相关词语：compensate v. 补偿，赔偿 常用搭配：compensate sb. for sth. 因某事补偿某人 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement 36 Language points： 10. sustain v. 遭受（损伤），蒙受（损失） e.g. We do not accept liability for any damage sustained as a result of software viruses. 对于因软件病毒而遭受的任何损害，我们不承担任何责任。 11. deduct 扣除，减去 e.g. Personal income tax will be deducted from your salary. 个人所得税将从你的工资中扣除。 常用搭配：deduct…from… 将……从……中扣除 相关词语：deduction n. 扣除额 9.2.4 Claims for Poor Packing Chapter 9 Complaints, Claims and Settlement 37 Letter 5 Short Weight and Survey Report 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement Dear Sirs, Further to our email dated 12 March reading: 42 bags of Milk Power have been broken, which caused the Power irretrievably lost. The short weight is about 1,680 pounds. We are waiting for the survey report. We have just received the Survey Report from the Tianjin Commodity Inspection Bureau evidencing that the breakage was due to poor packing. Such being the case, the supplier should be held responsible. On the strength of the TCIB’s Survey Report, we hereby lodge our claim with you as follows: We are enclosing the Survey Report No. TE (96) 707 and look forward to your settlement at an early date. Encl. Yours faithfully, (Signature) claim on the short-delivered quantity plus survey charges total amount of claim RMB 3370.00 RMB 210.00 RMB 3580.00 38 Language points： 1. irretrievably adv. 无法挽救地，无法补救地 e.g. The local ecosystem will be irretrievably damaged if the factory is built here. 如果工厂建在这里，当地的生态系统将受到无法挽回的破坏。 相关词语：retrieve v. 找回，收回；挽救，挽回 2. survey report 检验报告，鉴定证明 相关表达：Survey Report on Weight 重量检验报告 Survey Report on Quality 品质检验报告 3. evidence v. 证明；显示 e.g. The goods fit in well with market demand, as evidenced by the rapidly expanding scale of transactions. 这些货品非常符合市场需求，交易规模的迅速扩大证明了这一点。 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement 39 Language points： 4. breakage n. 破损 e.g. The insurance policy doesn’t cover breakage and damage during removals. 这份保险单不保搬运过程中的破损和毁坏。 相关词语：break v. 打破，损坏 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement 40 Language points： 5. responsible adj. 负有责任的，应承担责任的 e.g. We are both partly responsible for this unfortunate incident. 我们双方都对这一不幸的事件负有一部分责任。 常用搭配：be responsible for sth. 对某事负责 hold sb. responsible for sth. 要求某人对某事负责 相关词语：responsibility n. 责任 常用搭配：bear/accept/take responsibility 承担责任 responsibility falls on/rests with/lies with sb. 责任在于某人 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement 41 Language points： 6. on the strength of sth. 凭借某事物；在某事物的影响下 e.g. Chinese phone manufacturer Xiaomi Inc. has become one of the best-selling brands in China's highly competitive smartphone market, on the strength of its high specs and low prices. 中国手机制造商小米公司成为中国竞争激烈的智能手机市场上最畅销的品牌之一，凭借的是高配置与低价格。 相似表达：on the basis of sth.根据，鉴于 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement 42 Language points： 7. charge n.（商品和服务所需的）费用，收费 e.g. We may accept your requirements for special packing for the goods if you agree to pay an extra charge. 如果你方同意支付额外费用，我方可以接受你方对货物特殊包装的要求。 相似词语：fee, cost 常用搭配：customs clearance charge 清关费 loading charge 装货费 storage charge 仓储费 document charge 单证费 insurance agent charge 保险代理费 9.2.5 Claims for Short Weight Chapter 9 Complaints, Claims and Settlement 43 Letter 6 Immediate Remittance 9.2.6 Acceptance of a Claim Chapter 9 Complaints, Claims and Settlement Dear Sirs, Re: Your Claim on Down Jackets Under Order No. F-123 We have received your email of 4 February, in which you put in a claim for a short delivery of 44 dozen Down Jackets. On checking with the manufacturers, we found that a mistake was made in packing. It occurred as a result of staff shortage during the busy season and the fact that the number of goods have not been counted carefully. We wish to express our deepest regret over the serious mistake. 44 dozen of Down Jackets have been dispatched by airmail today. Furthermore, as requested we have paid our remittance of US$ 950 by T/T to compensate you for your loss. We believe our settlement of the claim will satisfy you to the full. We assure you that we will take all necessary steps to prevent recurrence of such incidents and offer you better service in future. Yours faithfully, (Signature) 44 Language points： 1. check with sb. 与某人联系；跟某人确认；向某人核实 e.g. I’ll have to check with our manager about the price. 我必须与我们经理确认一下价格。 2. as a result of sth. 由于某事 e.g. We are not able to fill your order as a result of shortage of power. 由于电力短缺，我们现在无法满足您的订单。 相似表达：due to, because of 9.2.6 Acceptance of a Claim Chapter 9 Complaints, Claims and Settlement 45 Language points： 3. the busy season 旺季，高峰时期 e.g. Since we need to queue for the available shipping space in the busy season, please make your decision as soon as possible to avoid further delay. 由于在旺季我们需要排队等待可用舱位，请尽早做决定，避免进一步延迟。 The company is critically behind on delivery for an order to its biggest customer during this busy selling season. 在这个繁忙的销售季，这家公司严重滞后于向其最大的客户交付订单。 相关表达：the high/peak season 旺季 the low/off/slack season 淡季 9.2.6 Acceptance of a Claim Chapter 9 Complaints, Claims and Settlement 46 Language points： 4. remittance n.（一笔）汇款；汇付 e.g. Our last payment will be paid by remittance. 我们最后一次付款将以汇款方式支付。 相关词语：remit v. 汇（款） 5. by T/T 通过电汇 e.g. We will remit you the full amount by T/ T when the goods are ready for shipment. 我们将在货物备齐准备装运时电汇全部金额。 6. satisfy you to the full 让您完全满意 e.g. We will offer you high-quality service and high-quality products, which we believe will satisfy you to the full. 我们将为您提供优质的服务和高质量的产品，我们相信会让您十分满意。 9.2.6 Acceptance of a Claim Chapter 9 Complaints, Claims and Settlement 47 Language points： 7. take…steps 采取……措施 e.g. Party B agrees to take all necessary steps to prevent confidential information from being disclosed to third parties. 乙方同意采取所有的必要步骤阻止机密信息披露给第三方。 相似表达：take measures 8. recurrence of such incidents 类似事件的再次发生 e.g. Compensation should be made and measures should be taken to prevent recurrence of such incidents in future. 应该赔偿受害者并采取相应措施以防止类似事件在今后再次发生。 9.2.6 Acceptance of a Claim Chapter 9 Complaints, Claims and Settlement 48 Letter 7 Clean B/L 9.2.7 Rejection of a Claim Chapter 9 Complaints, Claims and Settlement Dear Sirs, Re: Your S/C No. 456 We are sorry that the 200 porcelain vases under the above S/C by M.V. MAYA26 arrived at Port Melbourne on 8 July with 10% of the packages damaged, as mentioned in your letter of June 4, 2018. As a matter of fact, our company has been selling porcelain vases overseas in a large number of markets for more than a decade, and none of our customers have ever made complaints about our packing. Each of our package is carefully examined and each shipment is strictly inspected before loading. And individual packages were marked with “HANDLE WITH CARE”, “FRAGILE” and other necessary care marks. We assure you that the goods were in perfect condition when they left the warehouse. The clean B/L supports the facts. We therefore estimate that the damage may be due to rough handling in transit or during loading and unloading. And we consider the responsibility should rest with the shipping company or the insurers who have covered you on the consignment in question against Risk of Breakage. It is a matter for you to take up with either of these parties concerned. Therefore, we find no ground to compensate you for the loss. But we will be most willing to provide you with any evidence that may help you recover your losses. At the same time, please remit the remaining 20% to our account at your earliest convenience. Look forward to your early reply. Yours faithfully, (Signature) 49 Language points： 1. unload v. 卸（货） e.g. With our product, cargo weighing can be automatically done in the operation of cargo loading and unloading. 使用我们的产品，可以在货物装卸操作中自动完成货物称重。 2. HANDLE WITH CARE 小心轻放 e.g. “Handle With Care” and other indicative marks have been stenciled on the outer packages. 外包装上印有“小心轻放”和其他指示性标记。 相关表达：FRAGILE 易碎 KEEP DRY 保持干燥 USE NO HOOK 请勿用钩 9.2.7 Rejection of a Claim Chapter 9 Complaints, Claims and Settlement 50 Language points： 3. take up sth. with sb. 向某人提出某事以进行商讨 e.g. Quality vs price, that’s a problem you will have to take up with the customers. 质量与价格，这是一个你必须和顾客进行讨论的问题。 4. insurer n. 保险公司 e.g. The insurer will not bear any responsibilities for grade unconformity because it is not included in the coverage of All Risks. 保险人对等级不符不承担任何责任，因为它不包括在“一切险”的承保范围内。 相关表达： 9.2.7 Rejection of a Claim Chapter 9 Complaints, Claims and Settlement All Risks 一切险 FPA（Free from Particular Average）平安险 WPA（With Particular Average）水渍险 Special Additional Risks 特殊附加险 如: War Risk，战争险 General Additional Risks 一般附加险 如: Risk of Breakage，破碎险； Risk of Shortage，短量险 51 Language points： 5. ground n. 理由 e.g. We have no ground to entertain your request for a full refund. 我方没有理由接受你方全额退款的要求。 常用搭配：find no ground 找不到理由 have no ground 没有理由 on grounds of… 因……的原因 6. recover v.（全额）收回；追回 e.g. We recovered our invested money in the first year. 我们在第一年就把投资收回来了。 相关词语：recovery n. 全额收回 9.2.7 9.2.7 Rejection of a Claim Chapter 9 Complaints, Claims and Settlement 52 Letter 8 On Sharing Responsibility 9.2.8 Compensation Negotiations Chapter 9 Complaints, Claims and Settlement Dear Sirs, We deeply regret to hear in your letter of 19 January that the sewing machines delivered to you arrived in a damaged condition on account of imperfectness of our packing. On looking into the matter and studying your survey report very carefully, we are convinced that the present damage was due to extraordinary circumstances under which they were transported to you. I don’t think the responsibility should rest with us. However, in view of our long-standing business relations, 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. Look forward to your early reply. Yours faithfully, (Signature) 53 Language points： 1. imperfectness n. 不完善 e.g. Due to the virtual nature of the Internet and imperfectness of credit system, we need electronic authentication to confirm the identity of the electronic signature. 由于互联网的虚拟性和信用体系的不完善性，我们需要电子认证来确认电子签名的身份。 相关词语：imperfect adj. 不完美的 perfect adj. 完美的 2. be convinced that… v. 确信，坚信 e.g. We are convinced that the business between us will continue to develop in years to come. 我们坚信我们之间的业务在未来几年将继续向前发展。 相关词语：convince v. 使……确信 9.2.8 Compensation Negotiations Chapter 9 Complaints, Claims and Settlement 54 Language points： 3. extraordinary circumstances 特殊情况 e.g. The rule can be adjusted when the person cannot be expected to conform to it due to extraordinary circumstances. 当由于特殊情况而无法期望该人员遵守该规则时，可对该规则进行调整。 4. be divided between 由……分担 e.g. The expenses will be equally divided between us. 费用将由我们平分。 相关词语：divide v. 分配；分担 9.2.8 Compensation Negotiations Chapter 9 Complaints, Claims and Settlement 55 Letter 9 Compensation in 3 Installments 9.2.9 Application for Compensation Installment Chapter 9 Complaints, Claims and Settlement Dear Mr. Mehairi, Thank you for your letter of 7 October informing that there was a short delivery in two cases. After going into the matter quickly, we found that the error was due to negligence in packing. We shall be liable for it and compensate for your loss. We will wire transfer the compensation you claimed (USD 8,580) into your account, but the payment will be spread over the month—USD 5,580 deducted from the sum of your invoice to us and the remaining USD 3,000 paid in 3 weekly installments. We apologize again for the inconvenience incurred and assure you that we will do a better job in future. Yours faithfully, (Signature) 56 Language points： 1. negligence n. 疏忽；失职；过失 e.g. The error was caused by medical negligence of the doctor. 这个错误是由于医生的医疗过失造成的。 相似表达：oversight疏忽; disregard漠视; slip of attention失误 相关词语：neglect v. 疏忽，忽视 2. wire transfer 电汇 e.g. You can pay by check, wire transfer or credit card. 你可以用支票、电汇或信用卡付款。 9.2.9 Application for Compensation Installment Chapter 9 Complaints, Claims and Settlement 57 Language points： 3. spread v. 分若干次进行，分期做 e.g. An alternative is to spread the cost of your apartment and pay monthly. 另一种方法是分期支付你的公寓费用，按月还款。 4. installment (instalment) n. （分期付款的）一期付款 e.g. I hope you will agree to accept payment by installments. 我方希望你方同意接受分期付款。 常用搭配： 9.2.9 Application for Compensation Installment Chapter 9 Complaints, Claims and Settlement pay by installments 以分期的方式付款 in annual/monthly/weekly installments 按年/月/周分期 the first/second/last installment 第一期/第二期/最后一期付款 58 Language points： 5. inconvenience n. 不便，麻烦 e.g. We are deeply sorry for any inconvenience it may have caused. 对于由此造成的不便，我们深表歉意。 相关词语： 6. incur v. 引起，带来 e.g. Any expenses incurred will be reimbursed. 产生的任何费用将予以报销。 相似词语：sustain; suffer; experience; induce 常用搭配： 9.2.9 Application for Compensation Installment Chapter 9 Complaints, Claims and Settlement convenient adj. 方便的 inconvenient adj. 不方便的 convenience n. 方便 incur charges/ expenses 产生费用 incur damages/ losses 带来损失 59 Letter 10 Deferred Settlement 9.2.10 Application for Deferred Compensation Chapter 9 Complaints, Claims and Settlement Dear Mr. Mehairi, We are sorry to know in your letter of 11 December that 10% of the ovens delivered to you were broken. We have given this matter our immediate attention and took an internal investigation. According to the investigation results, the damage was mainly due to the inferior quality of outer cartons. We assure you that we will be more careful in dealing with our vendors and stricter in quality control in future. We therefore propose a 10% deduction for the damaged goods from your balance payment. Furthermore, we could also pay for your margin loss on these items. Is it possible to settle USD 5,000 as compensation? Our big boss has confirmed the amount and would settle them after 90 days. I will keep you posted on progress from this end. Yours faithfully, (Signature) 60 Language points： 1. internal investigation 内部调查 e.g. The company has fired some of its employees and released an internal investigation. 该公司开除了几名员工，并开始了一项内部调查。 2. vendor n. 卖家，供应商 e.g. The vendor shall deliver the goods to the vendee within 14 days. 卖家应在14天内向买家交付货物。 3. quality control 质量控制 e.g. The product fails our initial quality control checks. 该产品未通过我们初步的质量控制检查。 9.2.10 Application for Deferred Compensation Chapter 9 Complaints, Claims and Settlement 61 Language points： 4. balance payment 尾款，未付余款 e.g. We will remit the balance payment in two days through our local bank. 我们将在两天内通过我们当地的银行汇出余款。 5. margin loss 利润损失；保证金损失 e.g. The increased number of units sold can make up for the margin loss caused by the reduction of the selling price. 销售数量的增加可以弥补因销售价格下降而造成的利润损失。 9.2.10 Application for Deferred Compensation Chapter 9 Complaints, Claims and Settlement 62 Language points： 6. settle v. 解决 e.g. Apple paid 60 million U.S. dollars to settle the dispute. 苹果公司支付了6000万美元以了解此案。 相关词语：settlement n. 解决 7. keep sb. posted 随时告知某人（某事的进展） e.g. Keep me posted about the sales. 随时向我通报销售情况。 相似表达： 9.2.10 Application for Deferred Compensation Chapter 9 Complaints, Claims and Settlement keep us informed of sth. keep us advised of of sth. 63 Letter 11 Keeping the Wrong Goods 9.2.11 Compensation Alternatives Chapter 9 Complaints, Claims and Settlement Dear Sirs, We are very sorry that the goods delivered to you were not the 6-hp motors you wanted, and I guess the mistake lies with both of us. Your order (photocopy enclosed) lists the 7.5-hp motors along with its stock number, yet the price indicated is that of the 6-hp motor. Considering that you’ve been regularly ordering 7.5, we assumed that 7.5 was what you really wanted and thus proceeded the shipment of 7.5 as usual. We should have checked with you, and I’m sorry we didn’t. We can arrange for the dispatch of the nine 6-hp motors you wanted at any time. Since our products have been selling well in your market, do you think it is possible for you to keep and sell the 7.5s? You can still return them to us, of course, if they don’t sell. In any case, we’ll pay the shipping charges. What’s your opinion about that? Yours faithfully, (Signature) 64 Language points： 1. lie with（过错或问题）在于，是……的责任 e.g. To be honest, the problem clearly lies with the shipping company. 老实说，问题显然出在船运公司身上。 2. stock number 库存编号，货号 We will arrange for the shipment of your order as soon as we know the correct stock number. 我方一知道正确的库存号就会安排装运你方订单。 3. assume v. 以为；假定 e.g. In most cases, it would be safe to assume that high price means high quality. 在大多数情况下，认为高价格意味着高质量是没问题的。 We assumed that the cases would be sturdy enough for long-distance shipping. 我们以为这些箱子足够坚固，适合长途运输。 9.2.11 Compensation Alternatives Chapter 9 Complaints, Claims and Settlement 65 Language points： 4. in any case 无论如何，在任何情况下，不管怎样 e.g. In any case, we can reserve the right to register a claim against you for our losses. 不管是哪种情况，我方都有权就我方损失向你方提出索赔。 相似表达： 9.2.11 Compensation Alternatives Chapter 9 Complaints, Claims and Settlement at any rate at all events anyhow 66 Much to our regret, … We regret to say that / to inform you that... We are sorry to learn from your letter that… We feel deeply sorry that…in your letter of… （1）Expressing regret: 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement The goods were, apparently, not the ones we had ordered. We have just received the Survey Report from…evidencing that the quality of the goods is not in conformity with the agreed specification. On examination we discovered to our surprise that the goods are not up to the standard of samples/ are inferior in quality to the samples. Upon examining the goods under Order No.123, we found the color unsatisfactory. There is a discrepancy between the packing list of Case No. 123 and your invoice/ the contract. Unfortunately, we only found 400 boxes against the 450 boxes in the packing list/ with 50 boxes missing. The package was severely damaged, and the contents were scratched or even shattered to pieces. Upon examination, the insurance surveyor holds that the damage was probably caused by improper/insecure packing. We have discovered that your shipment of our Order No. 123 was short-weight by… A shortage in weight of 300kg was found after careful examination. （2）Stating the problem: 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement …causes us much inconvenience and it is hard for us to dispose of it. …are unsuited to the needs of our customers. As we are badly in need of the materials that we ordered, this error is inconvenient and annoying to us. Our customers is complaining and demanding a refund, which costs us considerable loss in business. The shortages of frequent occurrence are cutting down our small profit. （3）Describing the inconvenience or loss： 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement We have arranged for the dispatch of replacements of the faulty/wrong products. In view of our friendly/long-standing business relations, we are prepared to meet your claim for… We will remit to you an amount of …in compensation for the loss to you. We regret for the loss you have suffered and agree to compensate you by $ 500. （4）Acceptance of a claim 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement We have been supplying the same goods for some time and have received no complaints about our packing so far. We can assure you that the goods in question were in perfect condition on leaving our warehouse, as is shown by the clean B/L. The damage must have occurred in transit. *This being the case, we should like to advise you to file your claim with the insurance company concerned. I’m afraid we can hardly be expected to accommodate your claim after a lapse of over one month. We regret our inability to entertain your claim on account of lack of evidence. （5）Rejection of a claim 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement This is the maximum concession we can make. Should you not agree with our proposal, we would like to settle the dispute by arbitration. As the liability rests with both parties, it would be unfair to impose all the loss on us. Therefore, we are prepared to meet you halfway, i.e. to pay 50% of the loss. The goods, though not the very ones you ordered, are of good quality and in newest designs, and will be, we believe, not difficult to be disposed of at our price. You may return the wrong goods to us per next available steamer for our account；or it is preferable if you can dispose of them in your market. （6）Adjustment of a claim 9.3 Useful Expressions Chapter 9 Complaints, Claims and Settlement 9.4 Exercises I. Translate the following words and phrases. II. Fill in the blanks with the appropriate forms of the given words. III. Fill in each blank in the letter below with a word or phrase taken from the box. IV. Identify errors in the following sentences. There is only one error in each sentence. V. Translate the following sentences into English sentences using the given words or expressions in the brackets. VI. Writing. Chapter 9 Complaints, Claims and Settlement 73 1. at your disposal 2. much to our disappointment 3. up to the standard 4. alternatively 5. be due to 6. compensate you for your losses 7. take all necessary steps 8. extraordinary circumstances 9. balance payment 10. keep us posted on progress I. Translate the following words and phrases. 1.由您处理 2.令我们感到十分失望的是 3.达到标准 4.或者 5.是由于 6.补偿你方的损失 7.采取一切必要措施 8.特殊情况 9.余款 10. 随时向我方通报进展情况 Chapter 9 Complaints, Claims and Settlement A. From English to Chinese 74 1. 有损坏情况 2. 安排发货 3. 低劣的质量 4. 因短重而向你方索赔 5. 重量检验证明 6. 承担责任 7. 装运费用 8. 旺季 9. 类似事件的再次发生 10. 内部调查 I. Translate the following words and phrases. 1. in a damaged condition 2. arrange for dispatch 3. inferior quality 4. claim on/with you for short weight 5. Survey Report on Weight 6. take/bear responsibility 7. shipping charges 8. the busy season 9. recurrence of such incidents 10. internal investigation B. From Chinese to English Chapter 9 Complaints, Claims and Settlement 75 1. On _____________ the goods we received, we found that they were not in accordance with the samples. (examine) 2. I’m afraid shoes of such small sizes are _____________ in our market. (sale) 3. There was a _____________ of 100 cartons in the shipment of Order No. 99. (short) 4. Invoices issued by the Supplier shall be payable within 15 days from the date of invoice free of expense and without _____________. (deduct) 5. We are obliged to claim compensation for our _____________ . (lose) II. Fill in the blanks with the appropriate forms of the given words. 用给出词的正确形式填空。 examining unsaleable shortage deduction loss/losses Chapter 9 Complaints, Claims and Settlement 76 6. Please _____________ the payment at your earliest convenience. (remittance) 7. According to the Survey Report, the damage was due to ______________ of packing. (perfect) 8. We apologize again for the ______________ caused by the delay of shipment. (convenient) 9. We have received your compensation in _____________ of our claim. (settle) 10. The goods under Order No. 456 arrived in a _____________ condition. (damage) II. Fill in the blanks with the appropriate forms of the given words. 用给出词的正确形式填空。 remit imperfectness inconvenience settlement damaged Chapter 9 Complaints, Claims and Settlement 77 Dear Mr. Davis, The 350 lamps under our Order No. 666 has 1. _____________ arrived at Port Mombasa. Much to our 2. _____________, about 15% of the packages was seriously 3._____________ with 4. _____________ broken. We immediately had 5. _____________ look into the case, and their findings show that this was 6. _____________ poor packing. A detailed survey report will be dispatched to you subsequent to their further study. Such being the case, we are obliged to hold you 7. _____________ for the damage and 8. _____________ on you for the compensation for the loss thus 9. _____________. Meanwhile our buyers are urging us to settle the case immediately. Therefore, we would like you to inform us what you decide to do regarding our 10. _____________. We are awaiting your prompt reply. Yours faithfully, III. Fill in each blank in the letter below with a word or phrase taken from the box. 用方框中的词或短语填空。 duly regret deformed contents qualified surveyors due to responsible claim incurred losses Chapter 9 Complaints, Claims and Settlement responsible claim qualified surveyors deformed losses regret duly due to contents incurred 78 1. Please arrange for the dispatch of replace as soon as possible. 2. The products are poor finished and are not suitable to sell in our market. 3. I will be spread the payment of the loan over 2 years. 4. We are therefore obliged to entertain a claim with you for compensation for our losses. 5. You should checked with us when you discovered the error in the order. 6. The charging for special packing is not included in the contract price. 7. The wrong delivery was as a result of negligence of the staff. 8. We convinced that the responsibility should lie with the shipping company. 9. I hope you can keep us posting on progress at your end. 10. At any case, it is a matter you should take up with the insurer. IV. Identify errors in the following sentences. There is only one error in each sentence. 找出以下句子的错误，每个句子只有一个错误。 Chapter 9 Complaints, Claims and Settlement 79 1. Please arrange for the dispatch of replace as soon as possible. 2. The products are poor finished and are not suitable to sell in our market. 3. I will be spread the payment of the loan over 2 years. 4. We are therefore obliged to entertain a claim with you for compensation for our losses. 5. You should checked with us when you discovered the error in the order. 6. The charging for special packing is not included in the contract price. 7. The wrong delivery was as a result of negligence of the staff. 8. We convinced that the responsibility should lie with the shipping company. 9. I hope you can keep us posting on progress at your end. 10. At any case, it is a matter you should take up with the insurer. IV. Identify errors in the following sentences. There is only one error in each sentence. 找出以下句子的错误，每个句子只有一个错误。 Chapter 9 Complaints, Claims and Settlement replacement poorly lodge/file等 charge are posted In 80 1. 令人遗憾的是，我们收到的货物与我们订购的商品不符。(much to our regret) 2. 经检查，我们发现有一箱货物未交。(on examination) 3. 根据调查结果，我们确信销售包装的损坏是由于装卸时的粗暴对待。(due to…) 4. 我们将保留这些货箱待你方处置，请告诉我们你方希望我们如何处理它们。(at one’s disposal) 5. 经检查，我们发现很多货品已经损坏了，尽管箱子本身并无损坏迹象。(no trace of) V. Translate the following sentences into English sentences using the given words or expressions in the brackets. 用括号中给出的单词或短语翻译句子。 To our regret, the goods we received are not in accordance with what we have ordered. On examination, we found a short delivery in one of the cases. According to the investigation results, we are convinced that the damage of the inner packages was due to rough handling during loading and unloading. We are keeping the above-mentioned case at your disposal, and please let us know what you wish us to do with it. We found that many goods were broken, though the cases themselves show no trace of damage. Chapter 9 Complaints, Claims and Settlement 81 6. 我们以天津商检局的报告为依据，特此向贵方提出索赔。(on the strength of) 7. 责任应该由装运公司或保险公司来承担。(rest with) 8. 你方应让有资质的商检人员检查这些箱子。(should have…) 9. 我方将随时向你方通报我方的进展情况。(keep you posted) 10. 我们向他们索赔了我们的损失，因为我们以为损坏是由于轮船公司的粗暴搬运造成的。(assume) V. Translate the following sentences into English sentences using the given words or expressions in the brackets. 用括号中给出的单词或短语翻译句子。 On the strength of the TCIB’s Survey Report, we hereby lodge our claim with you. The responsibility should rest with the shipping company or the insurer. You should have invited qualified surveyors to look into the cases. I will keep you posted on progress from this end..... We claimed with the steamship company for our loss because we assumed that the damage was due to rough handling. Chapter 9 Complaints, Claims and Settlement 82 1. Write a letter to your supplier to make a claim on the model airplanes that you ordered; and include the following information: （1）很遗憾地通知你方，我方737号订单的模型飞机到达时的状况不能令人满意，我方必须对你方提出索赔。 （2）经检查发现，由于包装不当，其中约5%已损坏，10%被划伤。这样的商品显然不能以正常价格出售。有关进一步的细节，请你方参阅所附报告和照片。 （3）因此我方建议你方在发票成本上给我方15%的扣减，这是我方建议降价销售的金额。如果你方不接受，我方将不得不退回这些商品进行更换。 VI. Writing. 写作。 Chapter 9 Complaints, Claims and Settlement 83 Sample 1: Dear Sirs, We are writing to inform you that the model airplanes under order No.737 arrived in such an unsatisfactory condition that we are obliged to lodge a claim against you. It was found upon examination that about 5% of them are broken and 10% are scratched due to improper packing. Such products, obviously, cannot to be sold at the normal price. For further particulars, we refer you to the report and photos enclosed. Therefore, we propose that you make us a deduction of 15% from the invoiced cost, which is the amount by which we propose to reduce our selling price. If you cannot accept it, I’m afraid we shall have to return them for replacement. We are awaiting your prompt reply. Yours faithfully, VI. Writing. 写作。 Chapter 9 Complaints, Claims and Settlement 84 1. Write a letter to a leather handbags buyer to tell them that you are willing to make a special offer; and include the following information. （1）我们很高兴收到你方12月8日的询盘来信，咨询我方皮革手袋的产品信息。 （2）我们可提供型号为No.MA190的鹿皮手包300打，报价为124美元CIF Hamburg每打。 （3）目前我们公司正在生产很多款式的皮革钱包和腰带，今天已另函航空邮递我们的产品手册。希望有些产品能够满足你方顾客的品位和需要。 VI. Writing. 写作。 Chapter 9 Complaints, Claims and Settlement 85 2. You are the sales manager and going to write a letter in reply to a claim; the letter should include the following information: （1）我方非常遗憾地从你方6月18日的信函中得知，订单737的部分模型飞机在到达你方时已损坏。 （2）在立即调查此事后，我方发现这是由于工作人员的疏忽造成的。因此，我方当然同意你方提议的发票成本的15%折扣，作为对你方损失的补偿。 （3）对于给你方带来的不便，我方再次深表歉意，并向你方保证，我方将采取一切必要措施防止此类事件再次发生。 VI. Writing. 写作。 Chapter 9 Complaints, Claims and Settlement 86 Sample 2: Dear Sirs, We are very sorry to learn from your letter of 18th June that part of the model airplanes under order No.737 were damaged when they reached you. After going into the matter immediately, we found that it was due to negligence of the staff. Therefore, we certainly agree to the 15% discount on the invoiced cost which you proposed as compensation for your loss. We apologize again for the inconvenience incurred and assure you that we will take all necessary steps to prevent recurrence of such incidents. Yours faithfully, VI. Writing. 写作。 Chapter 9 Complaints, Claims and Settlement 87 Your company needs to raise and settle complaints and claims with other companies (the number of the claims and settlements depends on the number of staff in your company). Every company needs to keep the communication records and, in the meantime, submit them to your teacher. Practice-Group Task Nine Chapter 9 Complaints, Claims and Settlement 88 感谢聆听 Business Letters 主讲：XXX Chapter 9 Complaints, Claims and Settlement 89 $$