Complaints,claims and Arbitration

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ClaimandAdjustment

Claim and Adjustment1. 提出投诉: make / lodge / put in / raise / lay a complaint2. 提出索赔: make / lodge / put in / file a claim3. 投诉某人: make a complaint against sb.4. 向某人投诉另一人: make a complaint with sb. against sb. else5. 向某人投诉另一人什么事: make a complaint with sb. against sb. else for sth. 如: 1) I'll make a complaint against my neigghbour.2) I'll make a complaint with the police against my neighbour.3) I'll make a complaint with the police against my neighbour for the noise.6. 向某人提出索赔: lodge a claim with sb.7. 就某事向某人提出索赔: lodge a claim with sb. for sth.8. 撤回索赔: withdraw / abandon / waive a claim9. 对某事投诉: have complaints on sth.Claims for Poor PackingDear sirs,Claims for Poor PackingWe regret having to inform you that the Cotten Piece Goods covered by our Order No.6013 and shipped per s/s PEACE arrived in such an unsatisfactory condition that we cannot but lodge a claim against you. It was found upon examination that nearly 20% of the packages had been broken, obviously attributed to improper packing. Our only recourse, in consequence, was to have them repacked before delivering to our customers, which inevitably resulted in extra expenses amountin to C$650. We expect compensation from you for this, and should like to take this opportunity to suggest that special care be taken in your future deliveries as prospective customers are apt to misjudge the quality of your goods by the faulty packing.Yours faithfully,注解1. claim n. 索赔, 赔偿要求lodge (raise, file, put in, ...) a claim against sb. for sth.如: We shall lodge a claim against the Insurance Company for the goods damaged during transit.We have to file a claim against you for the short delivery of 145 lbs.claim v. 索赔, 要求赔偿to claim (a compensation of) ... from sb. for sth.如: We have claimed USD1,500 from the Insurance Company.This damage was due to the rough handling by the shipping company. You should claim on them for recovery of the loss.As the goods are not identical with the L/C, we cannot but cancel the contract.2. cannot but 不得不, 与cannot help 意思相同如: Since you have delayed the shipment, we cannot but cancel the contract.3. attribute v. 把......归因于......如: The investigation mady by the Commodity Inspection Bureau has revealed that the damage is attributed to improper packing.attributable adj. 可归因于如: The damage is attributable to improper packing.4. recourse n. 求助, 追索权with / without recourse 有/无追索权如: The credit is available by beneficiary's draft, drawn on us, in duplicate, without recourse, at sight, for 100% of the invoice value, and accompanied by the following shipping documents.The only way is to have recourse to law.5. in consequence (也可用as a consequence) 结果是, 因此如: The price of Light Shoes is fair. In consequence the market is advancing.in consequence of (也可用as a consequence of) 由于......的缘故如: The new product sells fast in consequence of its reasonable price and good quality.6. inevitably adv. 不可避免地, 必然要发生地如: Competition inevitably gives the business an incentive to raise produtivity.inevitable adj. 不可避免的, 必然要发生的如: It is almost inevitable that the case in dispute shall be submitted for arbitration. 7. compensation n. 补偿, 赔偿compensation trade 补偿贸易如: Under these circumstances, we trust you will agree that we cannot be expected to make compensation for your damaged toys.compensate v. 补偿, 赔偿如: We are therefore compelled to claim on you to compensate us for the loss, US$250, which we have sustained by the damage to the goods.8. be apt to 倾向于, 易于如: We feel it our duty to bring to your notice that your quotation in Sterling is not apt to trade in furs and skins.9. misjudge v. 判断错如: You have misjudged that the fall in our sales is a direct result of our market's depression.10. faulty adj. 有缺陷的, 有缺点的faulty goods 有毛病的货物faulty packing 有缺陷的包装如: Please let us know if you will take the goods back or make us an allowance for the faulty quality.Complaint AcceptedDear sirs,Your Order No.1457 per s.s. "Chunlin"Thank you for your letter dated April 24. We were glad to know that the consignment was delivered promptly,but it was with much regret that we heard Case No.71 did not contain the goods your 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 goods 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. Please keep Case No.71 and its contents until called for by our Commercial Counsellor's Office,whom we have informed of the matter accordingly.Your faithfully,Encl.注解1. go into ph.v. 调查, 探究, 评述; 从事(某一行业)如: We have gone into the matter and found your claim perfectly justified.We do not think it is necessary for us to go into details.We are thinking of going into the fur trade.2. through (means: because of)如: Mistakes were not always made through careless. (错误不一定都是由粗心造成的.)I do that through friendship. (我这样做是因为友谊.)3. confusion n. 混乱, 混淆如: Through a confusion of numbers, a mistake was made in the loading.confuse v. 使混乱, 使糊涂; 弄混如: We are afraid of your buyers are confusing two perfectly different types.4. Commercial Consellor's Office 商务领事馆Settlement of ClaimDear sirs,Your Claim on 1,000 M/T Chemical FertilizersWith reference to your letter of 6th September, in which a claim was lodged for a short delivery of 1,540 lbs Chemial Fertilizers, we wish to express our deepest regret over the unfortunate incident. You must have had much difficulty in meeting the orders of your clients.After check-up by our staff at the warehouse in Glasgow, it was found that some 10 bags had not been packed in 5-ply strong paper bags as stipulated in the contract, thus resulting in the breakage during transit. This was due entirely to negligence on the part of the warehouse managers, for which we, the exporters, tender our apologies.In view of our long-standing relations of which, we trust, there is a good prospect of further development, we will make payment by cheque for ￡382.00, the amount of claim, into your account withe the Bank of China, upon receipt of your agreement. We hope this matter will not affect our good relation in future dealings.Yours faithfully,注解1. incident n. 普通事件, 附带事件如: We regret the inconvenience you have sustained, but trust this unavoidable incident will not influence you unfavourably in the matter of future orders.incident adj. 伴随着发生的, 与incidental 同义, 可通用.如: Loss in price incident to delay in shipment could be serious.2. warehouse n. 货栈, 仓库warehouse certificate 仓库栈单warehouse receipt 仓库收据warehouse to warehouse 仓至仓条款ex warehouse 仓库交货价格条款如: We wish to cover the consignment against all risks from our warehouse at the above address to the port of New York.warehouse v. 把......存放在仓库里warehousing entry 入库单warehousing charges 储仓费如: With much regret, we inform you that the contents of Case No.45 were stolen while being warehoused.3. transit n. 运输, 运行transit trade 转口贸易transit duties 过境税如: It is quite clear that the damage occurred in transit.4. negligence n. 疏忽, 粗心大意如: We deeply regret that we have troubled you so much through our negligence in packing.5. on the part of sb. (或on sb's part) 就......而言, 在......方面如: The fault is on the part of the shipping company.On our part, we always keep to our promise.6. tender v. 正式提出, 提供如: They required us to tender the necessary documents in support of your claim.tender n. 投标invite tender 招标如: Tenders are invited for building materials.7. long-standing relations 长期的关系如: We are glad to send you this introductory letter, hoping it will be the prelude to the long-standing relations between us.8. affect v. 影响如: Considerable buying has affected the price to a large extent.9. dealings n. pl. 业务交往如: Our dealings with you in the past have been quite satisfactory.Claim RejectedDear sirs,We are in receipt of your letter of 10th July and regret to note your complaint respecting the Woollen Goods we sent you by S/S "CHUKCHISEA".We have looked up the matter in our records, and so far as we can find, the goods in question were in first class condition when they left here, as was evidenced by the Bill of Lading. It is, therefore, quite obvious that the damage complained of must have taken place in transit. In the circumstances, we are apparently not liable for the damage and would advise you to claim on the shipping company who should be held responsible.At any rate, we thank you for bringing this to our attention and if you feel it necessary we shall be pleased to take the matter up on your behalf with the shipping company concerned.Yours faithfully,注解1. complaint n. 不满, 抱怨, 申诉lodge (or: make, lay) a complaint against sb. 对某人提出诉讼, 控告某人如: Any complaint about the quality of the products should be lodged within 15 days after their arrival.Frequent complaints have been received from our customers to the effect that the pens leak and will not write without blotting.complain v. 抱怨, 申诉如: Our end-users are complaining of (or: about) the inferior quality against us.2. respecting prep. 关于, 由于, 鉴于如: Respecting the question of price, we think that a slight reduction would secure you a substantial increase in sales.3. look up ph. v. 查找, 查阅如: We have looked the letter up in our file but have failed to find it.For further information about the product please look up the catalogue we sent you last Saturday.4. in question 该, 所涉及如: The goods in question hae been in good demand since the beginning of the year.5. first-class adj. 第一流的, 一级的6. damage n. 损坏, 损害, 损失如: We can assure you that the goods were in good order when left here and the damage must have occured during transit.damage v. 损坏, 损害如: Upon examination immediately after taking delivery, we found many of the goods were severely damaged.7. at any rate 无论如何如: At any rate, we cannot see our way clear to fall in with your view in this respect. 8. take up ph. 提出take up sth. with sb. / take sth. up with sb. 向某人提出某事如: You should take up the matter with the Insurance Company and lodge your claim with them, as you have insured the goods against All Risks.9. on sb's behalf (or: on behalf of sb.) 代表某人, 为了某人如: Please insure the goods on our behalf.We buy the goods on behalf of our customers.。

合同翻译(一)

合同翻译（一）英文合同翻译的用词特点:合同英语的用词极其考究,具有特定性.要求选词专业化(professional）、正式（formal)、准确（accurate）。

具体体现在下列方面：1．使用情态动词:在合同中使用may,shall, must，may not （或shall not）时要极其谨慎。

权利义务的约定部分构成了合同的主体,这几个词如选用不当，可能会引起纠纷.may旨在约定当事人的权利(可以做什么)，shall约定当事人的义务（应当做什么时候），must用于强制性义务（必须做什么）,may not (或shall not）用于禁止性义务（不得做什么)。

may do不能说成can do，shall do不能说成should do 或ought to do，may not do,在美国一些法律文件里可以用shall not，但绝不能用can not do或must not。

例如，在约定解决争议的途径时,可以说：The parties hereto shall，first of all，settle any dispute arising from or in connection with the contract by friendly negotiations。

Should such negotiations fail，such dispute may be referred to the People’s Court having jurisdiction onsuch dispute for settlement in the absence of any arbitration clause in the disputed contract or in default of agreement reached after such dispute occurs.本句中的shall和may表达准确.出现争议后应当先行协商，所以采用了义务性“约定"，如果协商解决不了，作为当事人的权利，用选择性约定may 也很妥当.如果may和shall调换位置会怎么样？前半句的shall 换用may后,意思变成了当事人可以通过协商解决，意思上说得过去，但后半句的may换用shall后，变成了应当诉讼解决,好像一出事,就要先见官,这就有些不友好了。

投诉与索赔英文作文

投诉与索赔英文作文英文：Complaints and claims are common in our daily lives. When we encounter problems or dissatisfaction with aproduct or service, we may choose to complain or claim compensation. Here are some tips for handling complaintsand claims:1. Be specific: When making a complaint or claim, it is important to be specific about the problem or issue you are facing. Provide as much detail as possible, including dates, times, and any relevant documentation.2. Be polite: While it is understandable to befrustrated or upset, it is important to remain polite and respectful when making a complaint or claim. This will help to ensure that the situation is resolved in a positive manner.3. Be persistent: If your initial complaint or claim is not resolved to your satisfaction, don't give up. Continue to follow up with the company or organization until the issue is resolved.4. Know your rights: It is important to know yourrights as a consumer. Familiarize yourself with the relevant laws and regulations, and don't be afraid to assert your rights when necessary.中文：投诉和索赔在我们的日常生活中很常见。

外贸索赔Complaints & Claims

Sample Letters
Letter 2 settlement for improper packing
Language Points
1. Consignment 委托；寄售（的货物） e.g. consignment note 寄信通知书，发货通知书 consignment trade 寄售贸易 The period of consignment 寄售（托销）期 These suit your consignment well. 这很适合你的船货。
1) 因短重买方对这批货物提出人民币一千三百元的索赔。 Buyers have lodged a claim on this shipment for RMB￥1,300 for short RMB 1,300 weight. 2) 你方为我订单提供的货物质量与双方同意的规格不符。因此，我们须向你方提出索赔，金额为一万五千八百美元。 The quality of your shipment for our order is not in conformity with the agreed specifications. We must therefore lodge a claim against you for the amount of $15,800.
Language Points
accept a claim settle a claim entertain a claim admit a claim dismiss a claim reject a claim relinquish a claim waive a claim withdraw a claim claim for damage claim for financial loss 接受索赔解决索赔受理索赔同意索赔驳回索赔拒绝索赔撤回索赔放弃索赔撤回索赔由于损坏而索赔要求经济损失的诉权

经典商务英语索赔

提出索赔索赔ClaimsClaims occur frequently in international trade.国际贸易中经常发生索赔现2011年10月15日象。

We are now lodging a claim with you.我们现在向贵方提出索赔。

This consignment is not up to the standard stipulated in the contract. We are now lodging a claim with you.这批货的质量低于合同规定的标准，现向你方提出索赔。

We are very sorry to inform you that your last shipment is not up to your usual standard.贵方运到的最后一船产品不符合原来标准，特此奉告。

索赔原因▪We regret very much that you shipped bulk goods not corresponding in quality with the sample.▪你们运来的这批货与样品的质量不相符，我们深感遗憾。

▪One of the cases was badly smashed and the contents were seriously damaged.▪其中的一个箱子散架了，里面的东西严重损坏。

▪There is a difference of 35 tons between the actual landed weight and the invoiced weight of this consignment.▪这批货的实际重量和发票上的重量相差35吨。

索赔原因▪These errors on your part cause us to disappoint our important customers.▪你方的这些差错导致我方使一些重要的客户失望。

Complaints & claims 外贸函电

Withd 表示索赔原因 claim for damage Claim for 表示索赔金额 claim for US $ 1000 on 表示对某批货物索赔 claim on the goods against 表示向某人提出索赔
claim against the underwriters
如果货物质量不好,则理应向制造商提出投诉.
Claim n. （根据权利而提出的）要求；索赔 v. 声称；断言 accept (admit) a claim 同意索赔 entertain a claim 受理索赔 dismiss a claim 驳回索赔 settle a claim 解决索赔 reject a claim 拒绝索赔
The End
Unit 12 Complaints and Claims
Introduction：
Complaint 投诉：指权益被侵害者本人对涉案组织侵犯其合法权益的违法犯罪事实，有权向有关国家机关主张自身权利。 Claim 索赔：指遭受损害的一方在争议发生后向违约的一方提出赔偿的要求。
Words & expressions
被保险人向本公司索赔时必须提供下列单证.
Dear sirs,
Our order No.230 of 6 May for upholstery materials has duly arrived and we have taken delivery of the goods.
We have examined the shipment carefully and, to our great disappointment, find that they are not of the quality we ordere d. The materials do not match the samples you sent us. The quality of some of them is so poor that we feel that a mistake has been made in making up the order. we have, therefore, no choice but to ask you to take the materials back and replace them with materials of the quality we ordered. If you can replace the materials, we are prepared to allow the agreed delivery time to run from the date you confirm that you can supply the correct materials. We look forward to your early reply. Yours faithfully

外贸英语函电-投诉和索赔

Preventing future issues
Addressing and resolving complaints and claims can help identify and correct problems with products, services, or business processes, thus preventing future issues.
The importance of complaints and claims
Improving customer satisfaction
Handling complaints and claims promptly and effectively can improve customer satisfaction and maintain business relationships.
Basis and evidence for claims
Basis for Claims
The basis for a claim can be contractual or extra-contractual. A contractual claim is based on a breach of contract, while an extra-contractual claim is based on a tort or another legal obligation.
Investigating the complaint or claim
The seller should investigate the complaint or claim to understand the root cause of the problem and determine if there is any validity to the claim.

商贸英语口语之投诉与索赔

商贸英语口语之投诉与索赔一、惯用单句1 我要投诉。

I have a complaint.= I'd like to complain about something.2 打开箱子的时候，我们发现货物被雨水浸了个半透。

When we unwrapped the cases, we found the goods partly soaked by rain.3 我们发现一半的货物都碎了。

We found half the goods broken.4 我们发现半数货物已不能用了。

We found half the goods unusable.5 很明显，这些水果已经不能吃了。

It's obvious that the fruits are no longer suitable for consumption.6 很明显这些货物现在已经没有用了。

It's clear that the goods are useless now.7 我们调查的结果是，货物是在运输途中的某个时候受损的。

The result of our investigation said the damage was caused sometime in transit.8 据我们的调查报告显示，损坏是由于包装不当引起的。

According to our survey report, the damage was caused by poor packing.9 我们的调查员申明是生产厂家的粗心导致了短缺。

Our surveyors stated that carelessness on the part of the manufacturer caused the shortage.10 我们没办法只能提出索赔。

We have no alternative but to file a claim.11 我们要求赔偿一万美元。

金融消费者解决争议的方式及流程

金融消费者解决争议的方式及流程金融消费者解决争议的方式有多种，包括投诉、申诉、调解、仲裁和诉讼等方式。

Consumers have various ways to resolve financial disputes, including filing complaints, appeals, mediation, arbitration, and litigation.首先是投诉，消费者可以向相关监管部门或机构提交书面投诉，要求调查并解决问题。

Firstly, consumers can file a complaint with the relevant regulatory authorities or organizations, requesting an investigation and resolution of the issue.其次是申诉，如果消费者对监管部门或机构的决定不满意，可以提出申诉请求重新审查案件。

Secondly, consumers can appeal if they are dissatisfied with the decision of the regulatory authorities or organizations, requesting a review of the case.另外，消费者还可以通过调解方式解决争议，即与金融机构或相关方协商达成一致解决纠纷。

Additionally, consumers can also resolve disputes through mediation, negotiating with financial institutions or relevant parties to reach a settlement.还有仲裁，消费者和金融机构可以选择通过仲裁机构进行仲裁，接受独立第三方裁决纠纷。

Arbitration is another option, where consumers and financial institutions can choose to arbitrate through an arbitration organization, accepting an independent third-party decision on the dispute.最后是诉讼，如果其他方式无法解决争议，消费者可以起诉金融机构，通过法院解决纠纷。

Topic Eight Complaints_ Claims & Adjustments (抱怨,索赔与理赔)

Sample Letter Three (Accepting the Claim) The letter we sent to you the day before yesterday may have been received,
the right goods we dispatched to you will also certainly reach you in time. We were sorry to learn from your letter of August 3, that our shipping the wrong goods brings you much trouble, even makes you suffer some loss. In reply to your lodging a claim of US $80000, on going into the matter, we found that the mistake was indeed made by the neglect of our workers in shipping process and that we should be responsible for compensation. But as soon as we know the error in our work, we immediately arranged for the right goods to be dispatched to you in order to reduce your loss. Besides, one container of wrong goods would not make you suffer so much loss, that the compensation of $80000 is difficult for us to accept. However, to clear the path speedily for fresh business, we are prepared to allow you a compensation of $20000. This is the best we can do, and if it is acceptable to you, please send us an E-mail to this effect (带有那个意思 )so that the case can be settled by a prompt remittance.

Claims and arbitration

Claims and arbitrationAs the previous units indicate ,in order to avoid disputes or properly handle their consequence ,some preventive clauses are usually included in a contract such as tolerance clause, more or less clause commodity inspection clause,ect. In foreign trade ,attention should also be paid to the matters of claim, force majeure, arbitration ,ect. It is necessary that they be clearly stipulated in sales contract. Breach of ContractIn foreign trade ,it is that the seller delivers the goods conforming to the contract in respect of quality, specification, quantity and packing, and hands over the documents concerning the goods at the right time and place stipulated in the contract. And the buyer makes payment for the goods and takes delivery of them in the same manner specified in the contract. However, there always exists a gap between ideal and reality. Complaints or claims ,sometimes ,still arise in spite of well planned and careful work in the performance of a contract. In practice, it is not infrequent that the exporter or the importer neglects or fails to perform any of his obligations, thus giving rise to breach of contract and various trade disputes, which ,subsequently,ieads to claim.arbitration,or even litigation.Definition of breach of ContractBreach of contract means the refusal or failure by a party to a contract to fulfil an obligation imposed on him under that contract, resulting form, e.g. ,repudiation of liability before completion,or conduct preventing proper performance. The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depriving the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract as the consideration for performing those undertaking. Reasons for Breach of ContractIn international trade, disputes arise for many reasons. They may result either form the breach of the contract by the intentional act of a party or form the breach of the contract by the negligence or fault of a party. Some of the reasons are summarized as follows:(1)A seller may breach a contract whenHe fails to delivery the goods;He fails to make delivery according to shipment date stipulated in the contract;He delivers the goods that is not in accordance with the contract or the L/C in respect of quality, specifications, quantity and packing, ect.;He presents shipping documents that are incomplete and inadequate.(2)A buyer may breach a contract whereUnder an L/C,he fails to open the relevant L/C according to the stipulated period;He wrongly refuses to accept the goods;Under FOB,he fails to dispatch the vessel according to the stipulation of the contract.(3)Both parties may take responsibility for breaching a contract becauseThy may misunderstand or misinterpret the clauses of contract that are not clearly or definitely stipulated,which is likely to give rise to disputes;They both may breach the contract.In foreign trade, the import or export contract provides legal basis for determining the rights and obligations of seller and buyer .Breach of a contract arises where any party of a contract does not abide by the stipulations of the contract. Since sales contract has a legal binding force upon the contracting parties, any the injured party can exercise his right to claim damages against the opposite party.Different Breach Should Bear Different ResponsibilityHow to determine the nature of breach and the ways of remedies differs in laws from country to country.To sum up,the methods may be,generally, classified into two types:one is based on the clauses of the contract; the other on the basis of the degree of breach of contract.The laws of some countries,like Britain, stipulate that if any to a contract violates the fundamental and substantive clauses, the breach is called"breach of condition".For example,the quality and quantity of the goods delivered by the seller don't conform to stipulation of contract,or the goods are not delivered according to the stipulated date in the contract, ect. In these cases,the injured party is entitled to discharge the contract and raise claim against the other party. If the violated clauses are minor ones, such a breach is called"breach of warranty".Conditions are terms of contract to which the parties, when making the contract, attach such importance that it can truly be described as being of the essence of the contract.It goes to the root of the contract.To break a condition will usually amount to breach of contract and lead to the innocent party regarding the contract as discharged by breach. This means that he needs to do nothing further on the contract, and of course has the right to sue for breach of contract if he so wishes.Warranties are terms of the contract,which are binding upon the parties,but if the are broken,they do not amount to breach fo contract. For instance, if the buyer does not make payment on the stipulated date, we cannot call it a breach of contract and demand the return of the goods,but we can perhaps sue him for delaying the payment,and are entitled to compensation for breach of warranty. Whether a term in the contract is a fundamental term,going to the root of the contract,or only a warranty, entitling an aggrieved party to damages only,depends upon the statements made by the parties concerned at the time.If it is made clear by one party that he regards a particular as vital,it will usually be regarded as a condition of the contract.Untied nations convention on contracts for the international sale of goods classifies"breach"into"fundamental breach" and"non-fundamental breach". A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract,unless the party in breach did not foreseen such a result. If such detriment to the other party is not so substantial, then the breach of the contract is non-fundamental. If a breach of contact by a party is fundamental,then the injured party shall have the right to contract and recover damages from the party in breach.Ifa breach of contract by a party is non-fundamental,then the injured part is entitled to recover damages from the party in breach,but can not cancel the contract.Since the interpretations an stipulations for breach of contract and its consequences differ in laws from country to country or in international practices,it is important and necessary for us to get familiar with them. Only in this way can we stipulate the claim clauses in import or export contract properly and execute them smoothly in practice. Remedies for Breach of Contract by the Seller and BuyerAny party who has violated the contract shall be legally held responsible for the breach, and the injured party is entitled to remedies according to the stipulations of the contract or the relevant laws. Articles concerning remedies for breach of contract by the seller and the buyer from United Nations Convention on Contract for Sale of Goods are listed as follows:1.Remedies for Breach of Contract by the SellerArticle 45(1)if the seller fails to perform any of his obligations under the contract or this Convention,the buyer may;(a)exercise the rights provided in articles 46 to 52(b)Claim damages as provided in articles 74 to 77(2)the buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.(3)No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.Article 46(1)The buyer may require performance by the seller ,of his obligations unless the buyer has resorted to a remedy which is inconsistent with this requirement.(2)If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.(3)If the goods do not conform with the contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regarded to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.Article 47(1)The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.(2)Unless the buyer has received notice from the seller that he will not perform within the period so fixed,the buyer may not , during that period, resort to any remedy for breach of contract.However,the buyer is not deprived thereby of any right he may have to claim damages for delay in performance.Article 48(1)Subject to article 49,the seller may,even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so withoutunreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. However,the buyer retains any right to claim damages as provided for in this convention.(2)If the seller requests the buyer to make known whether hr will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time , resort to any remedy which is inconsistent with performance by the seller.(3)A notice by the seller that he will perform within a specified period of time is assumed to include a request ,under the preceding paragraph, that the buyer makes his decision known.(4)A request or notice by the seller under paragraph(2)or(3)of this article is not effective unless received by the buyer.Article 49(1)The buyer may declare the contract avoided(a)if the failure by the seller to perform any of his obligations under the contract or this convention amount to a fundamental breach of contract;or(b)In case of non-delivery ,if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph(1)of article 47 or declares that he will not deliver within the period so fixed .(2)however, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so ;(a)in respect of late delivery,within a reasonable time after he has become aware that delivery has been made;(b)in respect of any breach other than late delivery ,within a reasonable time;(i)after he knew or ought to have known of the breach;(ii)after the expiration of any additional period of time fixed by the buyer in accordance with paragraph(1)of article47, or after the seller has declared that he will not perform his obligations within such an additional period ;of(iii)after the expiration of any additional period of time indicated by the seller in accordance with paragraph(2)of article48, or after the buyer has declared that he will not accept performance.Article50If the goods do not conform with the contract and wether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligation in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles,the buyer may not reduce the price.Article 51(1)If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, article 46to 50 apply in respect of the part which ismissing or which does not conform.(2)The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.Article 52(1)if the seller delivered the goods before the date fixed, the buyer may take delivery or refuse to take delivery.(2)If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity.If the buyer takes delivery of all part of the excess quantity,he must pay for it at the contract rate.。

商务英语写作知到章节答案智慧树2023年西安欧亚学院

商务英语写作知到章节测试答案智慧树2023年最新西安欧亚学院模块一测试1.Resume is an English word, which means summary. The other expression,curriculum vitae(CV), is a Latin word, which means course of life. （）参考答案:错2. A chronological resume lists a candidate’s job experiences with starting andending dates in a reverse chronological order.（）参考答案:对3. A letter of application mainly embodies seven parts: heading, inside address,salutation, body, complimentary close, signature and enclosure. （）参考答案:错4.The length of the application letter should be within one page as the humanresources managers or enrollment officers wont’s have enough time readinga long letter. （）参考答案:对5.Designation of the sender should not be mentioned explicitly in a self-introduction letter. （）参考答案:错模块二测试1.Which of the following is the characteristic of memo?（）参考答案:Memos have a direct style.;Memos are short and to-the-point.2.In a business report, components of the Introduction are purpose, methods,background.（）参考答案:对3.Which one levels E-mail can not be categorized into?（）参考答案:Middle priority4.Body of business letter can include two topics in one paragraph.（）参考答案:错5.The invitation letter must be written in one paragraph.（）参考答案:错6.Which one of the following chooses is correct about the writing of 张小丽inEnglish？（）参考答案:Xiaoli Zhang模块三测试1.The English translation of 西凤路 could be Xifeng Road or Westfeng Road. （）参考答案:错2.which one of the following choices is not the essential component of businesscard? （）company logo参考答案:photo3.The font and word size on the business care are depended on one’s flavor orcompany unified standard. （）参考答案:对4.The business card can be one-side or two-side. （）参考答案:对5.The introduction part of company profile usually comes straight to the point,it mainly introduces the business nature, history, location and reputation of the company. （）参考答案:对6. A corporate profile is used to distribute to the media, the community and anyother stakeholders who are interested in understanding a company's mission and what it does. （）参考答案:对7.which one of the following choices is not the expressions about the corporatefinancial status? （）参考答案:joint venture8.Which one of the following choices is not the expressions about membersinvolved in the production and sales activities of the enterprise？（）参考答案:private-owedually the close part of a company profile state the goodwill and hope of thecorporate and propose a willingness of cooperations with potential clients.（）参考答案:对10.In order to save the reader’s time and energy, the manuals are usuallywritten based on the following rules: （）参考答案:Listing information necessary for customers about the product;Being scientific, logical and easy to follow;Starting each direction with a verb that instructs the reader to do something;Showing clearly what theproduct is11.Product description manuals or instruction manuals are written to advertisespecific product and direct the customers how to use the product correctly.（）参考答案:对12.Product descriptions and instructions cannot be printed on the package ofthe product or printed to a pamphlet. （）参考答案:错13.The statement of “No artificial coloring, additives or preservatives” is adescription of product quality. （）参考答案:对模块四测试1. A business person will send _______ whenever he or she wants someinformation about the product such as quality, specification and price, etc. （）参考答案:an enquiry2._________ pleased find our latest products catalogue. （）参考答案:Enclosed3.A(n) __________has a validity time. Within the validity time, it cannot bechanged or withdrawn.（）参考答案:firm offer4.Once the counter-offer is made, the original offer is no longer valid, and theofferee now becomes the offeror as the counter-offer becomes the new offer.（）参考答案:对5. A contract must contain all the particulars agreed upon during the course ofnegotiation and conventional clauses, such as inspection and claims,arbitration and force majeure, etc.（）对模块五测试1.Please see to it that the must be strong enough to withstand rough handling.（）。

投诉和索赔

Sample letter
• Dear Mr. Zhang, •
• We regret having to inform you that DCP(磷酸二钙 Di- Basic calcium pho hate) covered by our order No. 2348 and shipped per S.S. “Orient” arrived in unsatisfactory condition.
• 7. To be (found) short weight by 短重… • Your shipment of our Order No. 630 has been found short weight by 220 kilos. • 现发现你放所发运的我方630号订单货物短重220公斤。
• 8. To find…missing 发现…丢失 • Much to our regret, after inspection of the consignment we found Art. No. A63 missing. • 我们在检查后很遗憾地发现缺少货号 A63 的商品。
• We highly appreciate your cooperation and expect further development of business between us. • 高度感激贵方合作并期待你我双方的贸易进一步发展。 • Best regards, • Colin Meyer
claim
• The purpose of writing a letter of complaint or claim is to get better service or reasonable compensation instead of accusing the others. • Thus, a complaint or claim letter must be written in a restrained and tactful way. • All claims, whether justified or unjustified, should be taken seriously and thoroughly investigated.

商务英语

2). The Body 主体
The body should include the details about the complaint are given. 主体需包括投诉的具体内容 It should state clearly what exactly you want situation.主体 the company to do to rectify the situation.主体陈述需准确清晰表述你希望该公司如何改善现状
商务英语写作
Complaints and Claims 投诉及索赔 Adjustments and refusals受理索赔及驳回
Why people complain ……? 为什么投诉……？
Damaged or defective goods 货物损坏 Late delivery 交货延迟 Poor quality 品质低劣 Incorrect bills 账单错误 Delivery mistakes 交货错误
Example:实例
Email 1: From Supplier to Customer
Ciao Sergio, We cannot accept any returned goods from your factory because not used. Hope you understand the situation and help us to solve it. Tks and regards Luca
5. On 14th April, we sent email to track the situation of Canyon Lux, and asked Michele that we need the leather spec. and color window of four colors of Azalea. Michele gave us the ex-factory date of leather and others. (Please see attached email: New sales sample order3_21.eml ). 6. our factory paid for the Azalea black. But Michele told us they have produced #9306 and #9186 of Azalea again and ask us to pay for these two colors. (Please see attached email:New sales sample order226--AZALEA_BLACK.eml ). Since then, we start to negotiate with CONCERIA CRISTINA S.p.A. that we do not need #9306 and #9186 of Azalea any more. (We told CONCERIA CRISTINA S.p.A. strictly that we haven’t placed order of #9306 and #9186 of Azalea. )But Michele insist that we should pay for that otherwise they will not ship out Canyon Lux. Dear all, we do cherish the cooperation with all parties and we need your understanding that we cannot pay for the products that we haven’t placed order. Best regards. Echo

国际商务英语函电CHAP12 Complaints, Claims and Settlement

请取消我们第394号订单下的下列货物，用10件所附的样品的那样的产品来代替。
1. Thank him for his complaint and admit a mistake is made at your end. 2. Promise that you will take actions to put it right. 3. Say you are sorry for the inconvenience caused. 4. Assure him that more care will be taken in the future.
date; 3. Tell him directly why you are not satisfied; 4. Give your suggestions and hope for an early reply.
If you receive a complaint, you should make an investigation. If the complaint is reasonable, just admit it readily and send a reply as follows:
Dear Eileen,
The consignment of the cotton prints we ordered on August 10 is NOT of the same quality as that of the samples.
The consignment arrived yesterday, but on checking the fabric with samples you sent us, we are surprised to find that they do not match each other. Their quality seems inferior to the samples, the shade being much lighter, in addition to the uneven colors of some pieces. So they can not meet our customers’ requirement. 7

_Complaints_and_Claims

Complaints and Claims 申诉和索赔
Complaints and Claims 申诉和索赔
1
2 3 4
Introduction
Complaint 申诉 Claim 索赔 Sum-up
Introduction
1. The Purpose of Making Complaints
The party making complaints aims at either the improvement of current products/services of their business partner e.g. a supplier or a carrier, or the compensation for the losses caused by the wrongdoings of the business partner. Sometimes the two goals are combined when the party receiving complaints not only accepts the compensation request but also promises to deliver a better job in the future.
3. The Principles of Writing a Letter for Claim Being timely is the Number 1 principle of making a claim by letter. Being courteous is important. Being specific is also essential in writing such a letter. Meanwhile, being accurate in citing the supporting materials

外贸英语函电 Unit 17 Inspection, Claims, Arbitration and Dispute Settlement

Inspection Certificate of Health 健康检验证书
Sanitary Inspection Certificate 卫生检验证书 Veterinary Inspection Certificate 兽医检验证书
Inspection Certificate on Damaged Cargo 验残检验证书
unit 17 Inspection, Claims and Arbitration
2．Claims
Claim refers to the situation where the
injured party claims for compensation for losses in case the contract is breached, which should be lodged against the seller or the insurance policy promptly, usually within one month. The necessary documents, such as the certificate of insurance, the commercial invoice, bill of lading and the reports of the loss or damage issued by a nominated surveyor
by a third authorized party to testify the quality, quantity, package of the goods. After the inspection, a certain kind of certificate can be issued, such as：

2012报关员测试辅导-提出赔偿条件英语

2012报关员测试辅导:提出赔偿条件英语提出索赔索赔ClaimsClaims occur frequently in international trade.国际贸易中经常发生索赔现2011年10月15日象。