Unit-7-complaint-and-adjustment

1、Complaint & Adjustment 申訴申訴&處理處理Vocabulary 1. 索賠 claim2. 投訴 complaints3. 數(shù)量索賠 quantity claim4. 品質(zhì)索賠 quality claim5. 理賠 settlement of claim 6. 拒賠 reject a claim7. 爭(zhēng)議 disputes8. 異議與索賠條款 discrepancy and claim clause9. 不可抗力 Force Majeure 10. 自然力 Acts of God 11. 仲裁 arbitration 12. 仲裁條款 arbitratio

2、n clause13. 鑒定報(bào)告 surveyors report 14. 仲裁裁決 arbitral award 15. 不妥包裝 inferior / improper / faulty / defective packing 16. 短裝 short delivery 17. 遺失 non-delivery18. 清潔提單 Clean Bill of Lading 19. 收貨人 consignee 20. 發(fā)貨人 consigner21. 倉(cāng)至倉(cāng)條款 Warehouse to Warehouse Clause22. 品質(zhì)不良 inferior quality23. 品質(zhì)不符 diffe

3、rent quality24. 破損 breakage Style of Writing Generally, complaints and claims situations are bad-news situations. When the news is bad, a letter in the indirect order is usually appropriate. Making complaints and claims is not a pleasant business and needs to be well planned and documented. How to m

4、ake the complaints and claims receive best adjustment desired. Here are some guidelines:1. Begin directly. Tell what is wrong. 開(kāi)門見(jiàn)山開(kāi)門見(jiàn)山2. Identify the situation (invoice number, product information, etc.) in the text. Describe the story in a clear and organized way. 清楚申明形勢(shì)清楚申明形勢(shì)3. Present enough fac

5、ts to permit a decision.提供詳提供詳盡事實(shí)盡事實(shí)4. Name specific actions to correct the problem and politely mention strong terms if you fail to get a satisfactory reply. 提出解決措施以及得不到有效受提出解決措施以及得不到有效受理的后果理的后果5. End positively-friendly but firm. 明確的結(jié)尾明確的結(jié)尾Sample complaint letterDear,RE: .I want to inform you of m

6、y dissatisfaction with. I purchased this item/service on/at.Briefly, the problem is (your reasons for complaint).I have already .(the action youve taken to resolve it).In order to resolve this matter (give your suggested specific action to satisfy your complaint).Enclosed are copies of Please contac

7、t me within of the date of this letter with specific instructions for resolution of my request. I have prepared a file for submission to (eg. The Consumer Protection Association of America / my lawyer), but will not submit it until the date indicated above. If you need to contact me by telephone, yo

8、u may reach me at.Classification . Complaints (claims) 申訴申訴(索賠索賠)1. complaint concerning non-delivery 申訴不交貨申訴不交貨2. complaint concerning quality (claim for inferior quality) 對(duì)品質(zhì)進(jìn)行申訴對(duì)品質(zhì)進(jìn)行申訴 (因品質(zhì)低劣提出索賠因品質(zhì)低劣提出索賠)3. complaint concerning damaged goods (claim on damaged goods) 申訴貨物受損申訴貨物受損 (對(duì)受損貨物提出索賠對(duì)受損貨物提

9、出索賠)4. complaint concerning wrong dispatch (delivery) 申訴發(fā)貨有誤申訴發(fā)貨有誤5. complaint concerning frustration 申訴不履行承諾申訴不履行承諾6. claim for short-weight 短量索賠短量索賠7. claim for charges and interests 索取電報(bào)費(fèi)和利息索取電報(bào)費(fèi)和利息8. claim for delay in delivery 對(duì)交貨延遲提出投訴對(duì)交貨延遲提出投訴. reply 回復(fù)回復(fù) 一一. Apology 致歉致歉1. apology for wrongl

10、y fulfilled order 因錯(cuò)發(fā)貨道歉因錯(cuò)發(fā)貨道歉2. apology for delay in fulfilling order 對(duì)延誤履行訂單道歉對(duì)延誤履行訂單道歉3. apology for faulty goods 對(duì)貨物有缺陷道歉對(duì)貨物有缺陷道歉4. apology for accounting error 對(duì)會(huì)計(jì)錯(cuò)誤道歉對(duì)會(huì)計(jì)錯(cuò)誤道歉二二. Replies to ill-founded complaints 對(duì)無(wú)根據(jù)索賠的答復(fù)對(duì)無(wú)根據(jù)索賠的答復(fù)三三. Rejection of complaint 拒絕申訴要求拒絕申訴要求Specimen letters(1) Compla

11、int about non-deliveryDear Mr. Petri:We havent got the personal computers we ordered on June 3.On June 3, we placed an order for ten sets of personal computers. When we discussed the matter on delivery, you promised that it would be made before June 20. However, it is 10 days past the deadline, and

12、your goods still have not reached us.We need these PCs urgently to improve the efficiency of our work; therefore, your failure to deliver them has put us into trouble.We appreciate your seeing the matter seriously and arranging for the delivery within 5 days. Im sorry to say if you are still unable

13、to deliver them by July 5th, we shall reluctantly cancel our order and ask for compensation.Sincerely yours,(2) Complaint about inferior materialsDear Mr. Wang:Subject: Clothing Materials Under Order HYJCK No. 042356Must Be Delivered in Line with the SamplesThe consignment of the clothing materials

14、we ordered on August 10 is not the quality as shown in the samples.The consignment arrived yesterday, but on checking the materials with the samples you sent us, we are surprised to find that they do not match each other. Their quality seems inferior to the samples, so they do not meet our customers

15、 requirement.We have arranged for the production of the customized suits and planned to start as soon as the materials arrive. However, we will have to postpone the original orders from our customers owing to the poor quality of the clothing material you sent us. This is bringing us much inconvenien

16、ce. Would you take them back and replace them with the one as we ordered? We allow you another 10 days to prepare them. If you cannot guarantee delivery for whatever reason before September 1, we should ask for a complete refund of the money and full compensation for all our costs.Your prompt cooper

17、ation will be beneficial to both of us.Sincerely yours, (3) complaint concerning damaged goods (A) claim on wetted goodsDear Mr. Hooper:We refer to sales confirmation No. BE027 covering the purchase of 500 metric tons of PANJIN PEARL RICE, the arrival of which we faxed you on May 20.When we inspecte

18、d it, we were surprised to find that 60 bales were wetted, estimated at 12,000 kg. After that, we asked China Import and Export Commodity Inspection Bureau to make a survey that has confirmed our initial findings.The survey report indicates that the loss was due to the outdoors improper stowage befo

19、re shipment, for which you, the suppliers, should be responsible.On the strength of the survey report, we hereby file our claim against you as follows:Depreciated value(損失價(jià)值；降低的價(jià)值) $4,800Survey Charge $200Total claimed $5,000We enclose survey report (No. SE2052) and look forward to early settlement

20、of the claim. Enc. Survey Report (No. SE2052)Yours sincerely, (4) complaint about the frequent wrong deliveries (A) Dear Mr. Strong:Please see to it that our latest three orders (invoice number 213, 214, 215) are correctly filled. Im a customer who visits you often. My office is almost furnished wit

21、h your appliances such as electronic decorations, sandalwood desks and chairs that match. I have always felt your supplies reliable and still do. But the mistakes in the last four orders force me to think about the alternatives.The last four orders all have mistakes of sending the wrong items and I

22、am frustrated by sending back the articles again and again. The pendant lamps (吊燈) instead of table lamps, which was corrected when I sent them back. The second was the wallpapers. I ordered the classic, tasteful ones not the colorful ones. So I sent them back again. The third was thesandalwood chai

23、rs that matched the desks. You sent me two leather ones, but since I needed them in the hall I paid &50 for them. The last mistake was the curtains. I ordered light pink with embroidery on them, but you sent me plain white ones. so again I visited your store.There are still another three orders,

24、 and I hope I wont have to send them back again! So as a customer, I insist that you exercise effective supervision over the work and offer me correct goods.You certainly wouldnt like to see your customers turn to other suppliers. Your consideration of customers will bring you more business and prof

25、it. Sincerely yours,(B)Dear Mr. Phillips:Would you immediately replace the visual software for XP5030 with that for XP5645 which we have paid for？ On June 14, we purchased the office communication system XP5645 from your sales representative John Windsor. As your file may show, we paid $ 4,500 for i

26、t, which is $200 more than for XP5030. That payment includes free installment and 6 months trial period.The software you sent us operated well at the beginning, but the system refused to work after two weeks. After careful examination, we found what you sent us is for XP5030, not for XP5645 we purch

27、ased. I called Mr. Windsor that same day, June 28. He said he was busy negotiating with another client at another city. He promised to arrange people to replace it. Six days has passed, but nothing happens.It is urgent that you adjust the issue by sending personnel to replace the software and instal

28、l the system again. The collapse of the system has caused serious problems in our normal operation. The replacement is expected no later than June 30.It is urgent that you adjust the issue by sending personnel to replace the software and install the system again. The collapse of the system has cause

29、d serious problems in our normal operation. The replacement is expected no later than June 30.Please call me at 02-30-54228818 any time before 4 p.m. Im confident that you are serious about the matter. If I havent received your call by 12:00 on Tuesday, June 30, I will reluctantly turn this issue to

30、 my lawyer for actions against you. We appreciate against you.Sincerely yours, Negative Specimen letters(1) complaint about poor packingDear Sirs:Have you taken care in checking your packing before you sent us the goods? What a terrible state they are in now! Why are so many goods nude and broken?Ac

31、cording to our contract, you are responsible for sound packing, but now you have been failed in fulfilling your duty! Why is that?We have never seen a supplier whose packing is so poor! It is obvious that we cannot accept them. Replace them or refund the payment.If you cannot give us a reasonable ex

32、planation and fail to deal with it, we will consider turning the whole matter into the court!Sincerely yours, Judging Criteria 1. Grumble at the beginning without clear indication of the exact batch, confusing the readers. 2. The following harsh words signify the disobedience of the packing obligati

33、ons and accuse such kind of actions is unprecedented on any other supplier.3. Then, put forward the demand to place the commodities or refund the payment, otherwise, the supplier would be taken to the court. From the entire text, we can deduce the writer finished the writing in an extreme fury witho

34、ut any careful consideration and forgets to pay attention that the writer is likely to be the non-responsible. Whats more, the poor packing may be caused during the shipment instead of before the shipment.As a business correspondence, good business relations should be taken into careful consideratio

35、n, so the words chosen in a correspondence should be well considered. 開(kāi)頭用問(wèn)句發(fā)了一頓牢騷，但并未指明貨物是哪批，會(huì)讓人摸不著頭腦。緊接著措辭嚴(yán)厲地指出賣方違反了包裝義務(wù)，指責(zé)這樣的供貨商是前所未見(jiàn)的。然后要求換貨或是退還貨款，最后還威脅說(shuō)不處理好此事就要法庭上見(jiàn)，這讓人覺(jué)得不舒服。從整篇文章看，寫(xiě)信人是在極其生氣的情況下寫(xiě)這封信的，因此沒(méi)有經(jīng)過(guò)慎重考慮。而且還沒(méi)有考慮到，讀者不一定就是直接責(zé)任人，包裝不好不一定就是在裝船前發(fā)生的，還可能是在運(yùn)輸過(guò)程中發(fā)生的。作為商務(wù)信函，要考慮保持良好的合作關(guān)系，因此下筆之前要仔細(xì)斟酌。

36、(2) Claim on damaged cornDear Hamilton:Corn is very important to our factory because all of our products are concerned with corn. We have been in operation for more than 50 years. No supplier has failed to deliver us the qualified materials we needed. Now we have taken delivery of 100 bales of corn

37、you sent us, but on inspection, we regret to find out that 13 of them were in a much damaged condition.You must look into this matter and give us a satisfactory answer quickly!Yours faithfully, Judging Criteria1. At the beginning, it raises the importance of corn towards its part. It says there has

38、never been the case for 50 years in their operation that a supplier supplied the unqualified corn, which is very incredible and serves little for the matter.2. In the 2th paragraph, it is known that there are some damages on the supplied corn, however, it is still unknown the reason of these damages

39、, perplexing the supplier. 3. In the end, the words are too harsh and renders no suggestion or proposal, generating a sense of completely depending on the suppliers decisions and losing the initiative and goodwill. 開(kāi)頭提到了玉米對(duì)企業(yè)的重要性信中說(shuō)50年來(lái)沒(méi)有一家供貨商送過(guò)不合格的玉米，這似乎有些讓人難以相信，而且說(shuō)這些的目的性也不明確，讓讀者摸不著頭腦。直到第二段才知道是供應(yīng)的玉

40、米有損壞，但未說(shuō)明原因，讓人不知所措。結(jié)尾措辭較強(qiáng)硬，但沒(méi)有提出任何的建議和主張，有一種賣方看著辦的感覺(jué)，有失主動(dòng)和善意。Useful sentence patterns. Describe the problems1. On examination, we found all the goods were wetted. 經(jīng)檢驗(yàn)經(jīng)檢驗(yàn),我們發(fā)現(xiàn)所有的貨物都我們發(fā)現(xiàn)所有的貨物都已受潮。已受潮。2. We checked some of the items and found they were in damaged condition. 我們檢查了我們檢查了部分產(chǎn)品部分產(chǎn)品, , 發(fā)現(xiàn)它們已嚴(yán)

41、重受損。發(fā)現(xiàn)它們已嚴(yán)重受損。3. It contained articles different from what we have ordered. 這批貨物與我們訂購(gòu)的物品這批貨物與我們訂購(gòu)的物品不符。不符。4. The goods we ordered from you on June 6 havent arrived yet. 我們我們6 6月月6 6日訂購(gòu)的貨物日訂購(gòu)的貨物至盡仍未到達(dá)。至盡仍未到達(dá)。5. The quality of lot of goods is so far below the standard that we cannot use them for our p

42、urpose. 這批貨物的質(zhì)量遠(yuǎn)這批貨物的質(zhì)量遠(yuǎn)遠(yuǎn)低于標(biāo)準(zhǔn)遠(yuǎn)低于標(biāo)準(zhǔn),我們無(wú)法使用。我們無(wú)法使用。6. We are disappointed to find that the items delivered dont match the samples. 我們遺憾地發(fā)現(xiàn)貨物與樣品不符。我們遺憾地發(fā)現(xiàn)貨物與樣品不符。7. Your incorrect delivery has caused a great deal of trouble to us. 你們的錯(cuò)誤給你們的錯(cuò)誤給我們帶來(lái)了巨大的麻煩。我們帶來(lái)了巨大的麻煩。8. Delivery of the goods ordered on Ma

43、rch 3 is now considerably overdue. 3月月3日訂購(gòu)的貨物的交付時(shí)間現(xiàn)已逾期甚日訂購(gòu)的貨物的交付時(shí)間現(xiàn)已逾期甚久。久。9. The goods are not up to the standard. 貨物沒(méi)有達(dá)到標(biāo)準(zhǔn)貨物沒(méi)有達(dá)到標(biāo)準(zhǔn)。 10. We regret that only 20 sets have been received to date whereas our order indicates 25. 我方非常抱歉地通知我方非常抱歉地通知您您,迄今為止我們只收到了迄今為止我們只收到了20臺(tái)貨物臺(tái)貨物,而我們而我們訂購(gòu)的是訂購(gòu)的是25臺(tái)。臺(tái)。. Nam

44、e specific actions to remedy the problems 1. Would you please send someone to repair it today? 您能今天就派人來(lái)修理嗎您能今天就派人來(lái)修理嗎?2. Please send us the replacement no later than June 20. 請(qǐng)于請(qǐng)于6月月20之前將替換品送來(lái)。之前將替換品送來(lái)。 3. We would like someone to come and fix it now. 我們希望現(xiàn)在有人來(lái)進(jìn)行修理。我們希望現(xiàn)在有人來(lái)進(jìn)行修理。 4. Please look into

45、 this matter at once and let us know the reasons for the delay. 請(qǐng)立即對(duì)此請(qǐng)立即對(duì)此事進(jìn)行調(diào)查事進(jìn)行調(diào)查,盡早通知我們遲延的原因。盡早通知我們遲延的原因。5. We hope that the goods will be sent immediately. 希望貨物即刻發(fā)運(yùn)。希望貨物即刻發(fā)運(yùn)。. Courteous demand for action1. We shall be glad to learn from you that you are preparing to make some allowance for the

46、damage. 希望貴方能對(duì)我方造成的損失做出補(bǔ)償。希望貴方能對(duì)我方造成的損失做出補(bǔ)償。2. We would be much pleased that the case be settled on an amicable basis. 誠(chéng)望此事友好解決。誠(chéng)望此事友好解決。3. In view of our friendly business relations, we are sure that the matter will be settled appropriately. 鑒于我們之間友好的業(yè)務(wù)關(guān)系鑒于我們之間友好的業(yè)務(wù)關(guān)系,我方相信此我方相信此事定會(huì)得到妥善解決。事定會(huì)得到妥善解決。

47、4. We are looking forward to a satisfactory conclusion of the matter. 我方期待此事有一個(gè)令人滿意的結(jié)局。我方期待此事有一個(gè)令人滿意的結(jié)局。5. Your quick dispatch will be most appreciated. 請(qǐng)盡快發(fā)運(yùn)請(qǐng)盡快發(fā)運(yùn),我方不勝感激。我方不勝感激。. Strong demand for action1. If you cannot deliver the goods within ten days, well reluctantly turn this matter to our att

48、orney. 如果你方十日內(nèi)不能交貨，我方不得不交如果你方十日內(nèi)不能交貨，我方不得不交我方律師處理我方律師處理。2. Unless your assignment reaches us no later than,we will cancel our order. 除非你們的貨物在除非你們的貨物在前到達(dá)前到達(dá), ,我們將取消我們將取消訂單。訂單。3. If you cannot provide qualified goods within 3 days, well ask for a refundment. 如果在如果在3 3日內(nèi)不能提供合格產(chǎn)品日內(nèi)不能提供合格產(chǎn)品, ,我們將要求退我們將要求

49、退還貨款。還貨款。4. Youll have to make compensation for all our costs. 你們要賠償我們的全部損失。你們要賠償我們的全部損失。 5. I hereby inform you that I am lodging a formal complaint with your company. 特此通知貴方特此通知貴方,我公司將正式投訴貴公司我公司將正式投訴貴公司。Adjustments & Refusals理賠與拒絕理賠與拒絕函函(回復(fù)回復(fù))Background knowledgeIn business world it is unavoid

50、able to receive complaints and claims. How to appropriately resolve the matter becomes a tough and challenging task. There are some useful tips for writing it without damaging the companys image.2 cases . grant an adjustment1. Begin directly-with the good news. 開(kāi)門見(jiàn)山開(kāi)門見(jiàn)山2. Incidentally identify the c

51、orrespondence that you are answering. 順帶提出回應(yīng)對(duì)方的信函號(hào)順帶提出回應(yīng)對(duì)方的信函號(hào)3. Avoid negatives that recall the problem. 避免觸及負(fù)面問(wèn)題避免觸及負(fù)面問(wèn)題4. Regain lost confidence through explanation or action. 重拾對(duì)方信心重拾對(duì)方信心5. End with a friendly, positive comment. 友好而明確地結(jié)束友好而明確地結(jié)束. Refusal In the refusal letter, you have 2 goals.

52、The main one is to say no; the other is maintain goodwill. You could achieve the first goal by simply saying no-plainly and directly. Maintaining goodwill, however, requires more. And the following general pattern is advisable:1. Begin with words that indicate response to the request and are neutral

53、 as to the answer, and set up the strategy. 提出恢復(fù)意見(jiàn),語(yǔ)氣中立,提出針對(duì)性措施2. Present your justification or explanation, using positive language and you-viewpoint. 解釋你方理由,積極有效地陳述立場(chǎng)3. Refuse positively. 明確拒絕4. End with adapted, goodwill comment. 善意結(jié)尾Specimen letters(1) Adjustment for the wrong materialsDear Glen

54、n Presley:The correct consignment of the clothing material will reach you within 20 days.Im grateful for your letter dated September 1st. We re sorry to learn that the clothing materials dont match the sample. After careful examination, we found that we had misfilled your order and another order tha

55、t was different from yours with only one letter. We have arranged for the correct consignment and it would arrive at your place by September 24th.As compensation for the wrong delivery, I would like to provide you a 5% discount on this consignment, and I hope such an arrangement is satisfactory to y

56、ou. Yours sincerely,(2) Adjustment to claim on the quality problemDear Mr. Woods:Thank you for your letter of March 3rd and we will take care of your broken-down sewing machines.It is our common practice to carry out a careful screening to ensure our machines functional and reliable before they are

57、finally sent out to customers. We are so confident and proud of our quality that our warranties run for as long as the customers possess the products.Your letter informing us of the problem has been handed to the Technology Department. The senior engineers will take make a careful research to find o

58、ut the potential problem areas. Simply send us the bill for the repairs and well reimburse you the costs.For any problems arising with this or any other machines we produced, simply take it to your nearest Sharp Machine Distributor who will repair it at no expense for you.Sincerely yours,(3) Refusal

59、 to claim on replacement Dear Mr. Mitchell:We understand your concern about the software Model 4050 you mentioned in your letter of May 6. We are willing to do as much as we reasonably can to make things right. From your description and our staffs careful research, we found that there was something

60、wrong in the computer networks you adopted. As it is stated in the operating instruction, this software is solely compatible with Windows XP, which is different from Windows 98. And before you use this software, you should have to install the starting system at the bottom of the box first. But you havent installed