新編外經(jīng)貿(mào)英語函電與談判課件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我公司為第54321號保單的持有者。該保單1000箱價值25，500英鎊茶葉，由貴方代理商簽發(fā)。 nThe ship encountered heavy weather, and 252 cases were damaged by sea water.

3、n貨船遇到了惡劣天氣，252箱茶葉被海水損壞。 nWe are enclosing the certificate of survey, also the Policy, which is against F.P.A.n現(xiàn)隨函附上檢驗報告及保平安險的保單各一份。 nYour prompt attention is appreciated.n貴方如能迅速辦理，將不勝感激。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：有關(guān)（對）第SH/ZX10897號保單項下由“Taching”號輪運送的臺布的索賠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日向貴方寄去一份標(biāo)題所示索賠的初步通知，現(xiàn)提出價

6、值1700美元的具體索賠。nWe need a few facts about the claim you recently filed with us.n關(guān)于貴方最近向我方提出的索賠，請?zhí)峁┮恍┣闆r。nThis fault of yours caused our clients to file complaints against us.n貴方這一錯誤已引起我方客戶向我方提出責(zé)難。nPlease acknowledge receipt of this letter and settle the claim as soon as possible.n收到此函時，請告知我方并盡快辦理索賠事宜。

7、nacknowledge v. 告知收到nPlease acknowledge this cheque as soon as you receive it.n收到該支票后，請立即告知。nWe send you by separate mail a copy of Certificate of Quality No. 123, please acknowledge receipt.n現(xiàn)另郵寄去第123號品質(zhì)證明書副本一份，請確認(rèn)收到。nEncls. : n附件：n Statement of Claimn 索賠說明書n Certificate of Insurancen 保險證書n Invoice

8、n 發(fā)票n Survey Reportn 調(diào)查報告n Packing Listn 包裝單n Letter of Carrier ( Copy )n 承運人信函（副本）nSTATEMENT OF CLAIMn索賠說明書nVessel: Tachingn船名： nVoyage: Shanghai/New Yorkn運輸路線：上海至紐約nDate of Arrival: August 15, 2001n抵達日期：2001年8月15日nShipper: China Ocean Shipping Companyn承運人：中國遠(yuǎn)洋運輸公司nCommodity: 150 cartons of Table C

9、lothsn品名：150箱臺布nInvoice: SH-251, valued at $ 25,000.00n發(fā)票：SH251號，價值25，000美元nInsurance Certificate: SH/ZX 10897, covering All Risksn保險證書：SH/ZX10897號，投保綜合險nInsurance Amount: $30,677.00n投保金額：3，0677美元nNature of Claim: Sea Water Damage, Nondeliveryn索賠原因：海水損壞，不能交貨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貴方5月14日通過“黃河”號輪運送的標(biāo)題所示貨物于昨日抵達本地。nOn examination, we have found that many of the sewing machines are severely damaged, though the cases themselves show no trace of damage.n在檢查時，我方發(fā)現(xiàn)許多縫紉機損壞嚴(yán)重，可是貨箱本身沒有損壞的痕跡。nConsidering this damage was due to the rough handling by the steamship company, we claimed on

14、them for recovery of the loss;n考慮到損壞是由于船運公司的野蠻裝卸所致，所以為了補償損失，我方向船運公司提出索賠；n but an investigation made by the surveyor has revealed the fact that the damage is attributable to improper packing. n但一份由檢驗人出具的調(diào)查報告揭示了這樣的事實，即損壞是由于不恰當(dāng)?shù)陌b所致。 nFor further particulars, we refer you to the surveyors report enclos

15、ed.n詳情請見隨函附上的檢驗人報告。nclaim on向提出索賠nWe claimed on the shipping company for the recovery of the loss.n我方向船運公司提出了索賠以彌補損失。nWould you please return the broken items so that we can claim from our insurance company.n請退回破損的貨品以便我方能向保險公司索賠。nbe attributable to 因于nThe accident is attributable to the effects of t

16、he wet weather during the long sea voyage.n事故歸咎于長期海洋航程中潮濕天氣的作用。nrefer sb. to sth.請某人查閱某事nWe refer you to our letter of March 15.n請參閱我方3月15日去函。nWe refer you to your insurance company for recovery of this fee.n請與貴方保險公司商洽，要求賠償這筆費用。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，我方被迫向貴方提出索賠，來補償我方由于貨物受損而遭受的27500美元損失。ncompensate sb. for sth. 為賠償某人nMany factories compensate their workers if they are hurt at work.n對工人工傷，許多工廠都撫恤賠償。nThe insurance company will undertake to compensate you for the losses according t

18、o the risks covered.n保險公司將按照投保險別負(fù)責(zé)賠償損失。ncompensate for賠償，補償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貴方價格比我方預(yù)料的要高一點，不過質(zhì)量也比我方預(yù)料的要好，因此失之一方由另一方得到補償。nsustain v. 遭受nWe demand a compensation

19、for the loss we have thus sustained.n我方要求貴方賠償我方由此而遭受的損失。nThe sellers shall be fully responsible for the dead freight, demurrage and all other losses thus sustained.n對于空艙費、滯期費以及由此而遭受的一切其他損失，賣方應(yīng)完全負(fù)責(zé)n是指租船人向船東或租船經(jīng)紀(jì)人在租船人所裝載貨物少于租約約定時支付的賠償金數(shù)額?？张撡M通常按全運費率支付，但如果運輸費包括裝卸費，則要減去裝卸費。 n在租船合同中，當(dāng)船舶裝貨或卸貨延期超過裝卸貨時間時，由租船

20、人向船東所支付的約定款項。 nsustain v. 證實，證明nOur products have long enjoyed a reputation for fine workmanship, and the present shipment will be found to sustain our claim.n我方產(chǎn)品工藝精良，久享盛譽，這批到貨即可證明我方所言正確。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我方相信貴方會接受這一索賠并把索賠的款項從貴方下次寄來的發(fā)票金額中扣除。ndeductfrom(an amount)從中扣除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從貴方給我方客戶的100號發(fā)票副本中，得知貴方已將我方傭金3%自貨價中扣除。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貴方7月15日來函已收到。從中得知我方運給貴方的縫紉機抵達時已損壞，原因是由于我方包裝不理想。non account of 由于，因為nWe have to cancel the order on account of your failure to ship the go

25、ods within the specific time.n由于貴方未曾在規(guī)定期限內(nèi)裝貨，我方不得不撤銷定單。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，我方立即處理此事，仔細(xì)地研究了貴方檢驗人的報告。nWe are convinced that the present damage was due to extraordinary circumstances

26、 under which they are transported to you. n我方確信目前這種損壞是由于貨物在運往貴方途中所處的異常環(huán)境所致。 nWe are therefore not responsible for the damage; n因此，我方對此次損壞不負(fù)責(zé)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但由于我方認(rèn)為單由貴方承擔(dān)損失有失公平，建議損失由貴我雙方平攤，希望貴方能夠同意。nbe convinced 相信nWe are convinced of the commercial integrity of the supplier.n我方相信該供應(yīng)商的商業(yè)信譽。nWe are convinced that we are offering you machines which cannot be obtained elsewhere at the price.n我方相信，我方現(xiàn)在報盤的機器，從別處用同樣的價格是買不來的。nTake the letters as sam

28、ples to analyze and illustrate the structure of letters on claim.n1.寫明已經(jīng)收到所訂貨物，并注明該貨物是通過哪條船裝運，于何時抵達的。n2.寫明索賠的原因。n3.提出索賠的要求，希望對方能夠接受。nSentence PatternsnI. Make complaintsn1.to make (lodge, lay, file) a complaint with a department about sth.因某事向某部門抱怨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是的質(zhì)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達不到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)與一致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發(fā)現(xiàn)丟失nMuch to our regret, after inspection of the consignment we found Art. No. A63 missing.n9. to be damaged被損壞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（報廢）.nII. Lodging claims1. to lodge (file, make, raise, submit, register, put forward, place) a claim提出索賠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 （易損、易腐物品）are to be put forward immediately after arrival of the goods at destination.n2. to claimfor為提出索賠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)要求某人發(fā)運或更換貨物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要求賠償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接受索賠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解決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 對負(fù)責(zé)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沒有根據(jù)nWe regret we cannot entertain y

40、our claim, which is without any foundation.n2. to refer sth.to sb.提交某人處理某事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.拒絕對某事負(fù)責(zé)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通過仲裁來解決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在執(zhí)行合同的過程中，簽約雙方都應(yīng)該嚴(yán)格履行合同義務(wù)。任何一方如果不能嚴(yán)格履行，就會給另一方帶來麻煩。在這種情況下，受損失的一方有權(quán)根據(jù)合同規(guī)定要求責(zé)任方賠償損失或采取其他補救措施。受損失的一方采取的這種行動稱之為“索賠”，而責(zé)任方就受損失一方提出的要求進行處理，叫做“理賠”。 在業(yè)務(wù)中常見的是買方向賣方提出索賠，如賣方拒不交貨、逾期裝運、數(shù)量短缺、貨物的品質(zhì)規(guī)格與合同不符、

46、錯發(fā)錯運、包裝不妥、隨船單證不全或漏填錯發(fā)等致使買方遭受損失時，買方可向賣方提出索賠。但是在某些情況下，賣方也向買方提出索賠要求，如買方拒開或遲開信用證、不按時派船、無理毀約等致使賣方遭受損失時，賣方也會向買方提出索賠。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” 翻譯成中文，都叫“調(diào)解”，但二者存在區(qū)別。在英國和歐洲一些國家，“Conciliation”重在體現(xiàn)調(diào)解員對雙方分別做工作，或召集當(dāng)事人自行協(xié)商，促成當(dāng)事人達成和解，類似國際法上的“斡旋”；而“Me

53、diation”，則體現(xiàn)出調(diào)解員直接主持當(dāng)事人之間的談判，并提出建議作為談判的基礎(chǔ)，類似國際法上的“調(diào)?！?。3.Useful words & expressions claim n. v. 索賠 nclaim for damage (poor packing)n因破損（包裝不良）提出索賠 nclaim on / against somebodyn向提出索賠 nto lodge a claim against somebody for short-weight on somethingn因貨物短重而向提出索賠 naccept a claimn接受索賠 nsettle a claimn解決

54、索賠 nentertain a claimn受理索賠 nadmit a claimn同意索賠 ndismiss a claimn駁回索賠 3.Useful words & expressionsnwithdraw a claimn撤回索賠 nreject a claimn拒絕索賠 nclaim on account of damagen因損壞而索賠 nclaim for damagen由于損壞而索賠 nclaim for financial lossn要求經(jīng)濟損失的索賠 nclaim for inferior qualityn因質(zhì)量低劣而索賠 3.Useful words &

55、expressionsnBuyers have lodged a claim on this shipment for RMB￥1,300 for short weight. n因短重買方對這批貨物提出人民幣一千三百元的索賠。nAs regards inferior quality of your goods, we claim a compensation of $15,000. n關(guān)于你方產(chǎn)品質(zhì)量低劣的問題，我方要求你方賠償一萬五千美元。 nWe shall lodge a claim for all the losses incurred as a consequence of your

56、 failure to ship our order in time. n由于你方未能按時交貨，我方將向你方提出由此而遭受的全部損失的索賠。 3.Useful words & expressionsnassurance n.保證；把握；承諾 nassure v.使確信；使放心 nassured adj.確定的；有保證的；感到放心的 nYou may have our assurance that we will do our best to expedite shipment. n我們答應(yīng)你方盡全力加速裝運。 nThey assured us that they are one of

57、the leading dealers in machinery in this area. n他們向我方保證他們是這一地區(qū)主要的機械設(shè)備主要經(jīng)營商之一。n We are assured that they will settle their accounts with us on time. n我們保證他們會按時與我方結(jié)賬。 3.Useful words & expressionsndischarge v. n.卸貨；履行 ndischarge cargo from a ship n從船上卸下貨物 ndischarge a ship of the cargo n把貨卸下船 ndisc

58、harge ones debt n清償債務(wù) ndischarge receipt n卸貨收據(jù) nport of dischargen卸貨港 3.Useful words & expressionsnshort 短；少nWe have to lodge a claim against you for a short-weight of 5 tons. n由于短重五噸，我們必須向你們提出索賠。 nOur commission on this order is short-calculated. n本次訂貨的傭金少算了。 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你方提出的貨物短交問題，可能發(fā)生在運輸途中，而這是我方無法控制的。 nYour L/C is short-opened to the amount of $125. n你方信用證少開了一百二十五美元。 nThe shipment is short-invoiced by $315. n此批貨物的發(fā)票少開了三百一十五美元。 3.Useful words & expressionsnsett

60、lement n.解決；清償 nsettle v. 解決；清償 nsettlement by amicable arrangement n以友好的辦法解決 nsettlement by arbitrationn以仲裁方式解決 nsettlement of balancen結(jié)清余額 nsettlement of claims n解決索賠nPlease settle this long outstanding account without further delay. n請清償這筆長期未清的賬目，勿再拖延。 nWe enclose a check in settlement of all commissions owing. n我們附上支票一紙清償所