ch15 Complaints and Adjustments
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12
Unit Fifteen Complaint, Claim and Settlement
7
Unit Fifteen Complaint, Claim and Settlement
As this lot of goods is of no use at all to us, we require you refund the invoice amount and inspection fee of the goods amounting to US$...
Yours sincerely,
Encl. as stated
8
Unit Fifteen Complaint, Claim and Settlement
(Favorable Reply) Dear Sirs,
Your Claim on 10000 pcs. of Valves
We have received your fax of May 10, with enclosure, claiming for inferior quality on the consignment of 10000 pieces of valves.
In order to settle the claim, we will immediately send a representative to investigate this matter. If our party was at fault, the compensation will be made at once.
度，然后提出要求对方赔偿损失的方法，是重新发货、 补发货物，还是赔偿金额等。 ---- 在索赔时还应附上货到目的港后由当地商检机构出具 的商品检验证明书作为索赔依据。 ---- 索赔一定要在合同规定的期限内提出。
6
Unit Fifteen Complaint, Claim and Settlement
2 申诉信函写作步骤 信的开头宜对提出申诉表示遗憾
说明原先双方的约定条件
说明不满的原因并要求予以解释
说明由此造成的不便
提出纠正错误的建议 1
Unit Fifteen Complaint, Claim and Settlement
3 处理申诉信函时的注意事项 首先要确认对方提出的申诉是否合理，如合理，应立
We are enclosing a copy of the Inspection Certificate No. (04) 204 issued by the Shanghai Commodity Inspection Bureau. The certificate proved that the above goods we received on May 5 are much inferior in quality to your previous samples.
As we are in no way liable for the quality of the goods, we regret being unable to entertain your claim.
We hope our explanation will convince you to withdraw your claim and hope this matter will have no harmful effect on the dealings between us in future.
Dear Sirs,
Your Claim for 10000 pcs. of Valves
Further to our fax of May 16, we are writing to inform you that our representative has looked into the matter and found that it was a mistake by our staff at the warehouse. We are, therefore, going to settle the claim.
But our proposal of settlement is that we will immediately send to you replacements of which the quality is guaranteed. As to the valves you received, we will be highly appreciate it if you try to sell for us in your market at our quoted price, i.e. US$... per piece including your …% commission. If you agree with our proposal, please inform us by fax.
4
Unit Fifteen Complaint, Claim and Settlement
1.2 索赔的种类 ---- 货物买卖索赔 ---- 运输索ifteen Complaint, Claim and Settlement
1.3 索赔的步骤 ---- 首先要表明提出索赔的原因，陈述清楚遭受损失的程
Unit Fifteen Complaint, Claim and Settlement
Part Ⅰ Complaint 1 背景知识 国际贸易中，索赔虽然不是在每笔交易中都涉及，但
还是时有发生。有时在损失不大时，受损方不一定会为 了补偿而提出索赔。但是，可能会写一封申诉信以引起 对方注意，以免类似事情再次发生。
11
Unit Fifteen Complaint, Claim and Settlement
(An Unfavorable Reply) Dear Sirs,
Your Claim on Order No. A105
With reference to your claim on Order No.A105 for inferior quality. We have looked into this matter in detail and so far as we have found that there is no ground for such a claim to be lodged against us. If you can examine the goods with great care with the sample you will find they are of the exactly same quality. Since the goods are manufactured according to your supplied sample and all your requirements are complied with, we assume no responsibility whatsoever if you now find them unsuitable for sale in your market.
Under these circumstances, we have to make a claim with you as follows:
Claim Number Claim for
Amount
CM-90113 Quality
US$ 2152.00
We feel sure that you will give our claim your most favorable consideration and let us have your settlement at an early date.
10
Unit Fifteen Complaint, Claim and Settlement
下篇 Dear Sirs,
Our Order No.A105
We have duly received the goods of our Order No. A105 for Cotton Jacquard Bath Towel. But we are regret to inform that goods we received are not up to our standard and they are quite unsalable in this market.
We feel greatly regretful for the inconvenience you have sustained and would like to assure you that all possible steps will be taken to avoid such mistakes happening again.
2 理赔 ---- 违约方对遭受损失的一方所提出的索赔进行处理的行为叫做理 赔 3 例函 对质量低劣提出的索赔及关于理赔的回复(上篇) Claim for Inferior Quality & Reply for Settlement Dear Sirs,
Re: Claims for 10000 pcs. Of Valves
---- P260: 出口商解释报价上涨原因
3
Unit Fifteen Complaint, Claim and Settlement
Part Ⅱ Claim & Settlement
1 索赔
1.1 索赔的含义
---- 签订合同的双方，有一方违反合同的规定，给 另一方造成损失，遭受损失的一方根据合同或法 律向违约方提出赔偿损失的要求叫做索赔。此损 失可能是由于货物没有送达、推迟交货、短装短 量、质量低劣、不良包装、违约等原因造成的。 卖方也可以因为买方未开信用证或违约而向买方 提出索赔。
短的说明会更有利，因为申诉方更多地关心如何处理已 经造成的错误。
2
Unit Fifteen Complaint, Claim and Settlement
2 例函
---- P257: 申诉发错货物
P258: 卖方处理申诉信函
---- P267: 申诉未按时收到货物 P267: 卖方回信解释
---- P259: 出口商解释申诉原因
We trust you will promptly settle this claim. As soon as the settlement is accomplished, we will send the goods back to you. All the expenses will be for your account.
We apologize for the trouble caused to you and assure you that we will give you a satisfactory answer.
Yours sincerely,
9
Unit Fifteen Complaint, Claim and Settlement
即承认，表示遗憾，并且应允纠正 如若申诉不合理，那么应该以礼貌地和善地态度提出
不同意的原因。不假思索地拒绝是错误策略 若未能立即对申诉作出处理，则应立即回复来信收到，
并向对方说明，此事正在调查中，以后再给予详细答复 所有的申诉都应严肃对待，并应彻底调查 被申诉方无需冗长详细叙述造成错误的原因，只作简
Needless to say, we have suffered a great loss and the inferior quality of the lot put us into great trouble, for our end users refused to accept these goods and they are going to seek for other resources.
Unit Fifteen Complaint, Claim and Settlement
7
Unit Fifteen Complaint, Claim and Settlement
As this lot of goods is of no use at all to us, we require you refund the invoice amount and inspection fee of the goods amounting to US$...
Yours sincerely,
Encl. as stated
8
Unit Fifteen Complaint, Claim and Settlement
(Favorable Reply) Dear Sirs,
Your Claim on 10000 pcs. of Valves
We have received your fax of May 10, with enclosure, claiming for inferior quality on the consignment of 10000 pieces of valves.
In order to settle the claim, we will immediately send a representative to investigate this matter. If our party was at fault, the compensation will be made at once.
度，然后提出要求对方赔偿损失的方法，是重新发货、 补发货物，还是赔偿金额等。 ---- 在索赔时还应附上货到目的港后由当地商检机构出具 的商品检验证明书作为索赔依据。 ---- 索赔一定要在合同规定的期限内提出。
6
Unit Fifteen Complaint, Claim and Settlement
2 申诉信函写作步骤 信的开头宜对提出申诉表示遗憾
说明原先双方的约定条件
说明不满的原因并要求予以解释
说明由此造成的不便
提出纠正错误的建议 1
Unit Fifteen Complaint, Claim and Settlement
3 处理申诉信函时的注意事项 首先要确认对方提出的申诉是否合理，如合理，应立
We are enclosing a copy of the Inspection Certificate No. (04) 204 issued by the Shanghai Commodity Inspection Bureau. The certificate proved that the above goods we received on May 5 are much inferior in quality to your previous samples.
As we are in no way liable for the quality of the goods, we regret being unable to entertain your claim.
We hope our explanation will convince you to withdraw your claim and hope this matter will have no harmful effect on the dealings between us in future.
Dear Sirs,
Your Claim for 10000 pcs. of Valves
Further to our fax of May 16, we are writing to inform you that our representative has looked into the matter and found that it was a mistake by our staff at the warehouse. We are, therefore, going to settle the claim.
But our proposal of settlement is that we will immediately send to you replacements of which the quality is guaranteed. As to the valves you received, we will be highly appreciate it if you try to sell for us in your market at our quoted price, i.e. US$... per piece including your …% commission. If you agree with our proposal, please inform us by fax.
4
Unit Fifteen Complaint, Claim and Settlement
1.2 索赔的种类 ---- 货物买卖索赔 ---- 运输索ifteen Complaint, Claim and Settlement
1.3 索赔的步骤 ---- 首先要表明提出索赔的原因，陈述清楚遭受损失的程
Unit Fifteen Complaint, Claim and Settlement
Part Ⅰ Complaint 1 背景知识 国际贸易中，索赔虽然不是在每笔交易中都涉及，但
还是时有发生。有时在损失不大时，受损方不一定会为 了补偿而提出索赔。但是，可能会写一封申诉信以引起 对方注意，以免类似事情再次发生。
11
Unit Fifteen Complaint, Claim and Settlement
(An Unfavorable Reply) Dear Sirs,
Your Claim on Order No. A105
With reference to your claim on Order No.A105 for inferior quality. We have looked into this matter in detail and so far as we have found that there is no ground for such a claim to be lodged against us. If you can examine the goods with great care with the sample you will find they are of the exactly same quality. Since the goods are manufactured according to your supplied sample and all your requirements are complied with, we assume no responsibility whatsoever if you now find them unsuitable for sale in your market.
Under these circumstances, we have to make a claim with you as follows:
Claim Number Claim for
Amount
CM-90113 Quality
US$ 2152.00
We feel sure that you will give our claim your most favorable consideration and let us have your settlement at an early date.
10
Unit Fifteen Complaint, Claim and Settlement
下篇 Dear Sirs,
Our Order No.A105
We have duly received the goods of our Order No. A105 for Cotton Jacquard Bath Towel. But we are regret to inform that goods we received are not up to our standard and they are quite unsalable in this market.
We feel greatly regretful for the inconvenience you have sustained and would like to assure you that all possible steps will be taken to avoid such mistakes happening again.
2 理赔 ---- 违约方对遭受损失的一方所提出的索赔进行处理的行为叫做理 赔 3 例函 对质量低劣提出的索赔及关于理赔的回复(上篇) Claim for Inferior Quality & Reply for Settlement Dear Sirs,
Re: Claims for 10000 pcs. Of Valves
---- P260: 出口商解释报价上涨原因
3
Unit Fifteen Complaint, Claim and Settlement
Part Ⅱ Claim & Settlement
1 索赔
1.1 索赔的含义
---- 签订合同的双方，有一方违反合同的规定，给 另一方造成损失，遭受损失的一方根据合同或法 律向违约方提出赔偿损失的要求叫做索赔。此损 失可能是由于货物没有送达、推迟交货、短装短 量、质量低劣、不良包装、违约等原因造成的。 卖方也可以因为买方未开信用证或违约而向买方 提出索赔。
短的说明会更有利，因为申诉方更多地关心如何处理已 经造成的错误。
2
Unit Fifteen Complaint, Claim and Settlement
2 例函
---- P257: 申诉发错货物
P258: 卖方处理申诉信函
---- P267: 申诉未按时收到货物 P267: 卖方回信解释
---- P259: 出口商解释申诉原因
We trust you will promptly settle this claim. As soon as the settlement is accomplished, we will send the goods back to you. All the expenses will be for your account.
We apologize for the trouble caused to you and assure you that we will give you a satisfactory answer.
Yours sincerely,
9
Unit Fifteen Complaint, Claim and Settlement
即承认，表示遗憾，并且应允纠正 如若申诉不合理，那么应该以礼貌地和善地态度提出
不同意的原因。不假思索地拒绝是错误策略 若未能立即对申诉作出处理，则应立即回复来信收到，
并向对方说明，此事正在调查中，以后再给予详细答复 所有的申诉都应严肃对待，并应彻底调查 被申诉方无需冗长详细叙述造成错误的原因，只作简
Needless to say, we have suffered a great loss and the inferior quality of the lot put us into great trouble, for our end users refused to accept these goods and they are going to seek for other resources.