Unit14索赔与理赔商务信函的写作外贸函课件.ppt

1、 目的：掌握在发生损失时，如何进行索赔和理赔信函的处理。在合同的执行过程中，签约双方应该严格履行合同义务。任何一方如果不能履约就会给另一方带来麻烦，有时还会使另一方遭受经济损失。一旦发生这种情况，受损方有权根据合同规定要求责任方赔偿或是采取补救措施。受损方所采取的这种行动称之为“索赔”（Claim）；责任方就受损失一方提出的要求进行处理，叫做“理赔”（Settlement）。在书写索赔及理赔信函时，应注意以下几点：（1）迅速及时。（2）详细明确。（3）语气婉转。索赔信函的写作步骤及常见表达方式：写作步骤写作步骤 表达方式表达方式（1）对货物提出索赔，并表示遗憾 Much to our regr

2、et,about（对提出表示遗憾。）We regret to say that（我们很遗憾地告知。）（2）说明要求索赔的原因 We have just received the Survey Report fromevidencing that（我们已经收到由开来的检验报告，证明。）We immediately invited qualified surveyors to the spot to look into the case,and their findings show that（我们立即邀请专业检验人员到现场检查，结果表明。）（3）说明由此而造成的不便，并请求对方解决 The in

3、ferior quality ofcauses us considerable difficulty and it is hard for us to dispose of it.（该货物品质不良给我们带来相当大的困难，使得我们很难处理。）（4）提出解决索赔的建议、办法或要求 We must ask you to arrange for the dispatch of replacements at once.（我们要求你方必须立即替换货物。）We think we can reserve the right to lodge a claim against you for the loss

4、we have suffered.（我方保留对你方给我们造成的损失提出索赔的权利。）On the basis of the Survey Report,we hereby register a claim with you forin all.（以检验报告为依据，我们在此向你方提出总金额为的赔偿要求。）（5）表示希望对方及时解决或告知处理办法 We are awaiting your prompt reply.（盼即复。）We are enclosing the Survey Report and look forward to settlement at an early date.（我们随

5、函附寄了检验报告，希望你方能够尽快解决。）We would like you to inform us of what you decide to do regarding our losses.（对于我方的损失，请贵公司告知你方的处理办法。）写作步骤写作步骤 表达方式表达方式（1）对该索赔事件表示遗憾 Thank you for your letter of,but it was with great regret that we heard（感谢贵公司日来函，我们对事件深表遗憾。）With reference to your claim for,we wish to express our

6、 much regret over the unfortunate incident.（对于你方就问题的索赔，我们对此不幸事件表示十分遗憾。）（2）说明正在对索赔事件进行调查 On going into the matter we find that（经对此事件的调查，我们发现。）After a check-up by our staff,it was found that,thus resulting in,for which we tender our apologies.（经过我方人员的核查后发现由于问题而导致，对此我们致以歉意。）（3）表示将对该索赔事件采取解决措施 We have a

7、rrangedat once.（我们立即采取解决办法。）In view of our long-standing business relations,we will make payment forinto your account.（鉴于我们之间长期的业务关系，我们将支付金额款项给你方作为赔偿。）（4）对于给对方带来的不便表示歉意 We regret the inconvenience you have sustained.（对于你方所承受的不便，我方深表歉意。）Please accept our apologies for the trouble caused to you.（对于给贵公

8、司带来的不便，请接受我们的歉意。）（5）表示希望此种解决方式能让对方满意 We trust that the arrangement that we have made will satisfy you.（相信我们的安排将会使你方感到满意。）回复索赔信函（索赔没有理由情况下）的写作步骤及常见表达方式：写作步骤写作步骤 表达方式表达方式（1）表示收到对方日索赔信函感到遗憾或惊讶 We feel deeply sorry thatin your letter of（贵公司日来函收悉，对于事件，我方深表遗憾。）We are sorry to learn from your letter of（对于你

9、方日来函，我方深表遗憾。）（2）经过调查发现该事件另有原因 After going into the matter carefully we estimate thatmight be due to（经过认真调查，我们估计事件可能是由于原因所致。）We can assure you that the goods in question were in perfect condition when they left here.We have the clean B/L to support what we say.Maybe the damage complained of must have

10、 occurred in transportation.（我们保证该批货物发货时状况良好，有清洁提单证明。由此，该损害可能是在运输过程中产生的。）（3）表示该损失应由其他当事人承担 The responsibility should rest with either of the parties concerned.（对此损失应该由相关任何一方当事人负责。）This being the case,we would like to advise you to claim on the shipping company who should be held responsible.（对此情况，我们

11、告知你方应向船运公司索赔，应该由其负责。）（4）对该损失再次表示遗憾或提出拒绝赔偿 Consequently we find no ground to compensate you for the loss.（由此，我们没有理由向你方赔付。）We think we are apparently not liable for the damage.（显然，我们不应对此损失负责。）At any rate,we deeply regret about the unfortunate incident.（无论如何，我们对此不幸事件深表遗憾。如果未能对索赔进行及时、有效的处理，则应立即告知对方信已收到，

12、并说明正在调查此事，以后会给出充分的答复。回复此类索赔信函的写作步骤及常见表达方式：写作步骤写作步骤 表达方式表达方式（1）表示收到对方日索赔函感到遗憾或惊讶 We are very surprised to learn from（对于，我方深表惊讶。）（2）表示要对此事件进行澄清或说明 We want to have the problem clarified without any delay.（我们希望毫不延迟地澄清此问题。）（3）表示正在调查此事 We have sent our representative to your end to investigate the matter

13、in detail.（我们已经派代表到你处详细调查此事。）（4）表示将会给对方合理的答复 You may be assured that the matter will be settled in a reasonable manner to our mutual benefits.（请相信我方将以互利的方式合理地解决此事。）Letter 1：Claim on wrong goodsDear Sirs,Re:Our Order No.123 We duly received the documents and took delivery of the goods on arrival of s

14、/s Prince at Hamburg.We thank you for your prompt execution of this order.Every thing appears to be correct and in good condition except in case No.3.Unfortunately when we opened this case we found it contained completely different articles,and we can only presume that a mistake was made and the con

15、tents of this case were for another order.As we need the articles we ordered to complete deliveries to our own customers,we must ask you to arrange for the dispatch of replacements at once.We attach a list of the contents of case No.3,and shall be glad if you will check this with our Order and your

16、copy of your Invoice.In the meantime,we are holding the above-mentioned case at your disposal,and please let us know what you wish us to do with it.Yours faithfully,Letter 2：A reply to the claim on wrong goodsDear Sirs,Re:Your Order No.123 per s/s Prince Thank you for your letter of November 11.We w

17、ere glad to know that the consignment was delivered promptly,but it was with great regret that we heard case No.3 did not contain the goods you ordered.On going into the matter we find that a mistake was indeed made in the packing,through a confusion of numbers,and we have arranged for the right goo

18、ds to be dispatched to you at once.Relative documents will be mailed as soon as they are ready.We have already cabled to inform you of this,and we enclose a copy of the telegram.We shall be grateful if you will keep case No.3 and contents until called for by the local agents of World Transport Ltd.,

19、our forwarding agents,whom we have instructed accordingly.Please accept our apologies for the trouble caused to you by the error.Yours faithfully,Letter 3：Complaint for low qualityDear Sirs,The green beans under S/C No.AB046 dispatched on November 4,2002 have arrived at our port yesterday.The Commod

20、ity Inspection Bureau has carefully examined the quality of the beans,and we regret to say that they found it is far low the standard stipulated in the S/C.The covering Inspection Certificate is going to be airmailed to you as soon as it comes to hand.We think you will look into the matter at once a

21、nd take immediate measures to correct the mistakes and ensure that nothing like this will happen in the future.The inferior quality of these beans has caused considerable difficulty to us and it is hard for us to dispose of it,even at a rather low price.We think we can reserve the right to lodge a c

22、laim against you for the loss we have suffered Yours faithfully,Letter 4：A reply to the aboveDear Sirs,We are very surprised to learn from your letter of December 30th,2002 that the green beans dispatched November 4,2002 were below the standard stipulated in the contract and that you are reserving t

23、he right to lodge a claim against us.Naturally we hope that the transaction will be concluded to your satisfaction.Now that you have found the quality of the beans do not comply with that stipulated in the contract,we want to have the problem clarified without any delay.So we have sent our represent

24、ative to your end to investigate the matter in detail.We would not give any comment before our representative inspects the goods.We will soon let you know the date of this visit and hope you will give him your best cooperation.You may be assured that the matter will be settled in a reasonable manner

25、 to our mutual benefits.Yours faithfully,Letter 5：Claim on the seller for the damaged goodsDear Sirs,Re:Your S/C No.2A-667B We have been informed by our agents in Beijing that 200 Tea Sets under the above S/C by S/S Great Wall arrived at Port Amsterdam on July 8.Much to our regret,about 20%of the pa

26、ckages was seriously damaged with contents shattered to pieces and the outer bands broken.We immediately invited qualified surveyors to the spot to look into the case,and their findings show that this was due to poor packing.A detailed survey report will be dispatched to you subsequent to their furt

27、her study of individual case.In accordance with the stipulations of the above Sales Confirmation,we think the tea sets should have been packed in strong seaworthy wooden cases suitable for long distance ocean voyages.We are obliged to hold you are responsible for the damage and claim on you for the

28、compensation for the loss thus incurred.Meanwhile our buyers are urging us to settle the case immediately.Therefore,we would like you to inform us of what you decide to do regarding our losses.We are awaiting your prompt reply.Yours faithfully,Letter 6：A reply to the aboveDear Sirs,We feel deeply so

29、rry that the 200 tea sets under the above S/C by S/S Great Wall arrived at Port Amsterdam on July 8 with 20%of the packages damaged as mentioned in your letter of October 11,2001.You may be aware that our tea sets have been sold in a number of markets abroad for quite a long time,and all our custome

30、rs have been satisfied with our packing.Each shipment of our exports is strictly inspected by our shipping departments before loading,and each package is subject to a careful examination.So we think that the goods were in perfect condition when they were shipped,and individual packages were clearly

31、marked with Handle With Care,Fragile and other necessary care marks.The clean B/L supports these facts.After going into the matter carefully,we estimate that damage might be due to rough handling in transportation or during loading and unloading.We consider it a matter for you to take up with the sh

32、ipping company or the insurers who have covered you on the said consignment against Risk of Breakage.The responsibility should rest with either of the parties concerned.Consequently,we find no ground to compensate you for the loss.Yours faithfully,Letter 7：Claim for short weightDear Sirs,Re:Our Orde

33、r No.234 for 10 M/T Chemical Fertilizer We have just received the Survey Report from Shanghai Commodity Inspection Bureau evidencing that the captioned goods unloaded here yesterday was shortweight 1120kg.A thorough examination showed that the short weight was due to the improper packing,for which t

34、he suppliers should be definitely responsible.On the basis of the SCIBs Survey Report,we hereby register a claim with you for GBP270.00 in all.We are enclosing the Survey Report No.(98)607 and look forward to settlement at an early date.Yours faithfully,Letter 8：The settlement of the claim for short

35、 weightDear Sirs,Re:Your Claim No.145 With reference to your claim No.145 for a short weight of 1120kg chemical fertilizer,we wish to express our much regret over the unfortunate incident.After a check-up by our staff,it was found that 28 bags had not been packed in 5-ply strong paper bags as stipul

36、ated in the contract,thus resulting in the breakage during transit,for which we tender our apologies.In view of our long-standing business relations,we will make payment by check for GBP270.00,the amount of claim,into your account with the Bank of China,upon receipt of your agreement.We trust that t

37、he arrangement we have made will satisfy you and look forward to receiving your further orders.Yours faithfully,Letter 9：Arbitration awardDear Sirs,We are pleased to see that,regarding our disputes under Contract No.0471,both of us are satisfied with the fair and reasonable arbitration award which w

38、as rendered by the Foreign Economic and Trade Arbitration Commission of CCPIT after they had thoroughly examined every aspect of this case.The award is being carried out by both sides.What pleases us most is that our friendly relationship has not been harmed by these disputes which had to be resolve

39、d by arbitration.On the other hand,this case has deepened the mutual understanding and confidence between us.We highly appreciate your cooperation and expect further development of business between us.Yours faithfully,claimn.索赔，赔偿要求索赔，赔偿要求claim for表示索赔原因，索赔的金额表示索赔原因，索赔的金额claim for damage，claim for U

40、SD10 000claim on表示对某批货物索赔表示对某批货物索赔claim on the goodsclaim against表示向某人索赔表示向某人索赔claim against the underwriters表示表示“提出提出”索赔的常用动词：索赔的常用动词：lodge，file，raise和和put in。此外，还可用此外，还可用make，issue，register，render，enter，set up等等lodge a claim against（with/on/upon）sb.for sth.为某事向某为某事向某人提出索赔人提出索赔We shall lodge a clai

41、m against the insurance company for the goods damaged during transit.accept a claim 同意索赔同意索赔entertain a claim 受理索赔受理索赔reject a claim 拒绝索赔拒绝索赔settle a claim 解决索赔解决索赔waive a claim 放弃索赔放弃索赔withdraw a clam 撤回索赔撤回索赔vt.索赔，要求赔偿索赔，要求赔偿to claim USD50 000.00to claim USD50 000.00 for damageto claim USD50 000.0

42、0 on the goodsto claim USD50 000.00 from the underwritersWe should claim USD2 500.00 from you for the loss caused by improper pensatevt.补偿，赔偿补偿，赔偿The success will compensate you for your efforts.You should compensate us for the loss caused by the late pensation n.补偿，补偿，报酬补偿，补偿，报酬You will get compens

43、ation for what you have done.The buyer claimed a compensation for USD1 200 for the damage.claim compensation from sb.for sth.就某事向某人要求索赔就某事向某人要求索赔We reserve the right to claim compensation from you for any damage.What compensation can you offer for my work per week?compensation trade补偿贸易补偿贸易full comp

44、ensation全额赔偿全额赔偿complainvi.诉苦，申诉，抱怨诉苦，申诉，抱怨complain to sb.of/about sth.（因某事而向某人表示不满）（因某事而向某人表示不满）The buyers complained to the seller of the excessive moisture contained in the minerals.The buyers complained about the excessive moisture of the minerals.The buyers complained that the minerals contain

45、too much plaint n.抱怨，申诉，投诉抱怨，申诉，投诉We have noted your complaint and will do our best to avoid a repetition.make（lodge/file/lay）a complaint against sb.for sth.（因某（因某事而向某人表示抱怨）事而向某人表示抱怨）This being the case,we have to lodge a complaint against you for the inferior plaint n.抱怨者，控告者，投诉者抱怨者，控告者，投诉者settlevt

46、.解决；清偿，结算解决；清偿，结算Any dispute that may arise from under this contract shall be settled by arbitration.We will ask the Bank of China to help us settle payment.Please settle this long outstanding account without further delay.We are requested to settle your account within one week.settlement n.解决，清偿，理赔

47、解决，清偿，理赔We hope we can reach an amicable settlement before long.For a settlement of our account of USD300,please send us your cheque.settlement of disputes 解决争端解决争端settlement options 索赔选择权索赔选择权arbitratevi.&vt.仲裁，公断，裁决仲裁，公断，裁决Both sides agreed to arbitrate.The two parties hereby agree to arbitrate th

48、eir disputes if any.arbitration n.仲裁仲裁This is the maximum concession we can afford.Should you not agree to accept our proposal,we would like to settle by arbitration.When no settlement can be reached through negotiations,the disputes shall be submitted for arbitration.arbitration clause仲裁条款arbitrati

49、on award仲裁裁决arbitration application仲裁申请arbitration procedure仲裁程序arbitrator n.仲裁员，仲裁人refundvt.归还，偿还归还，偿还refund the excess on a taxrefund the goods to the sellern.归还额，偿还额归还额，偿还额obtain a refund of a depositThe shipping company will give you a refund of freight if the goods are lost.refundable adj.可归还的，

50、可偿还的可归还的，可偿还的The bid bond is refundable to those bidders who are not the winner.refundment n.归还，偿还，退款归还，偿还，退款1.关于申诉关于申诉/抱怨的用语抱怨的用语to make a complaint against a personto complain of something to a personto have a complaint onto receive a complaint onto repeat complaints aboutto report a complaints on