Unit 9. Complaint, Claim and Settlement
申诉,索赔和理赔
• Introduction
• In international business, claims do not happen in every transaction but offer occur.
Sometimes when the loss is not serious, the party suffered the loss may not lodge a claim
for compensation. Instead he writes a compliant to call the other party’s 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, sellers
may also raise claims against buyer for non-establishment of L/C or breach of contract,
etc.
Ⅰ.Complaint 申诉
1. Complaint of Wrong Goods Delivery 申诉错发货物
• Dear sirs,
• 敬启者：
• Our Order No. 145
• 我方第145号信用证
• We duly received the documents and took delivery of the goods on arrival of the S.S.
“Lucky” at Shanghai.
• 我方按期收到了装船单据,并在”好运”号轮班抵达上海港时提到了货物.
• We are much obliged to you for the prompt execution of this order. Everything appears to
be correct and in good condition except in case No.1-92.
• 非常感谢贵方对此订单及时执行,除了1-92号箱货物外全部货物正确无误,安全抵
达.
• 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 contents of this case
were for another order.
• 遗憾的是,当我方打开1-92号货箱时,发现里面装的是完全不同种类的货品,我方猜
测,可能是出了差错,此货物属另外的订单.
• As we need the articles we ordered to complete deliveries to our own customers, we must
ask you to arrange for the despatch of replacements at once. We attach a list of the
contents of case No. 1-92, and shall be glad if you will check this with our order and the
copy of your invoice.
• 由于我方急需此货以便履行给我方客户交货的职责.请贵方务必尽快更换.兹随函
附寄1-92号箱货品的清单一份,敬请贵方将此清单与我方订单和贵方发票副本核对.
• In the meantime, we are holding the above-mentioned case at all your disposal. Please let
us know what you wish us to do with it.
• 同时,我方将保存上述货箱货物,等候贵方处理,请将贵方处理意见告知我方.
• Yours faithfully,
• 谨上
• (Reply)
• Dear sirs,
• 敬启者：
• Your Order No. 145 per S.S. “Lucky”
• 贵方第145号订单
• Thank you for your fax of„ We were glad to know that the consignment was delivered
promptly, but it was with great regret that we heard case No.1-92 did not contain the
goods you ordered.
• 感谢贵方X 月X日的传真,货物能够按时抵达,非常高兴.得知所发1-92号箱所装
货物并非贵方所定货物,我方感到十分抱歉.
• On going into the matter we find that a mistake was indeed made in packing, through a
confusion of number, and we have arranged for the right goods to be despacthed to you at
once. Relative documents will be mailed as soon as they are ready.
• 经调查此事,我方发现由于数字混淆,包装中确实出现差错,现在我方已经发出了正
确的货物,有关单据也将尽早邮寄贵方.
• We will appreciate it if you will keep case No.1-92 and contents until called for by the
local agents of World Transport Ltd., our forwarding agents, whom we have instructed
accordingly.
• 如果贵方能暂时保存1-92号货箱及货物,我方将不胜感激.我方将把上述情况通知
我方的运输代理”环球运输公司”的当地部门前往贵处做出恰当处理.
• Please accept our many apologies for the trouble caused to you by the error.
• 由于我方的差错给贵方造成了麻烦,特此致歉.
• Yours faithfully,
• 谨上
2. Complaint for Late Delivery 申诉迟交货物
• Dear sirs,
• 敬启者：
• Our Order No.764
• 我方第764号订单
• We are referring to our Order No.764 fro Hand Tools. When we gave our order on June
1st we stated explicitly that we wanted delivery not later than 15th July and you have
confirmed our order accordingly.
• 我方第764号订单订购手工工具,我方6月1日寄发的订单中已经明确指出交货期
不得迟于7月15日,贵方也相应的给与了确认.
• Since the date you confirmed our order, one month has passed but we are surprised that
we have not yet received the goods or any advice from you when we can expect delivery.
• 自从贵方确认至今,一个月已经过去了,令我方吃惊的是至今尚未到货,也未收到有
关何时可以交货的消息.
• We must point out to you that this delay is very seriously inconveniencing us, and we ask
you to give the reason of the non-executive of our order. As in the event of your being
unable to supply us we shall be compelled to cancel the order and get these goods from
other sources.
• 必须指出的是,此次延误给我方造成了极大地不便,我方要求贵方对于没有执行订
单的原因作出解释.若贵方无法供货,我方将转向其他渠道购买此货.
• Yours faithfully,
• 谨上
• (Reply )
• Dear sirs,
• 敬启者：
• Your Order No.764
• 贵方第764号订单
• We have received your letter of July 15 and very much regret the delay which has
occurred in the execution of your Order No.764.This was occasioned by a serious
breakdown in our supplier’s machinery, in consequence of which all their work was
brought to a standstill for several days. The damage, however, has been repaired, and we
can assure you we will lose no time in the prompt delivery of the goods.
• 贵方7月15日来电获悉,对于延误执行贵方764号订单深表歉意.此事的偶然发生
是由于我方供货商的机器发生严重故障造成的,在此期间他们停产数天,然而故障已
经排除,请相信我方将抓紧时间完成交货.
• You may expect to receive the goods by the 25th .
• 贵方可望在25号之前收到货物.
• We regret the inconvenience you have sustained, but trust this unavoidable accident will
not influence you unfavouraly in future orders.
• 对于给贵方造成的不便再次表示歉意.同时也相信这种难免事故不会对今后的订
单造成不利影响.
• Yours faithfully,
• 谨上
3. Complaint for inferior quality
对质量低劣提出申诉
• Gentlemen:
• 敬启者：
• We have received the goods of our Order No.A100 for 200 cases Muslins, which you
shipped by the S.S. “ Feng Qing ”, but much to our regret we have to inform that we
have received serious complaints from our buyers. He states that the goods are not only
much inferior in quality, but a number pieces are woven narrowly to the pattern submitted
by you. These faults make the goods quite unsalable in this market.
• 贵方由“丰庆”号轮船装运的我方第A100号订单所购的200箱平纹细布已收到。但
非常遗憾的告知贵方，我方客户提出了严厉申诉说货物不但质地非常低劣而且有多
块布四匹的布幅织的比贵方提供的样品窄。这些缺陷使得产品在此地市场很难销售。
• We are, however, making efforts to settle the matter amicably, but in case our buyer
persists in making complaint, there is no way for us but put the matter before the
Chamber of Commerce of Singapore for arbitration, and any allowance that we may have
to make will be debited to you in due course.
• 不过，我方正在竭力和解此事。但如果我方客户坚持申诉，我方只能将此送交新
加坡商会仲裁。我方所要支付的任何费用到时都将记入贵方账户上。
• We hope the matter will come to your best attention.
• 希望此事引起贵方特别关注。
• Yours truly,
• 谨上
Ⅱ. Claim and Settlement 索赔和理赔
1.Claim for Inferior Quality&Reply for Settlement
对质量低劣提出的索赔及理赔的回复
• （1） Claim for Inferior Quality 因质量低劣提出的索赔
•
•
•
• Dear sirs, 敬启者： Re: Cliam for 10,000 pcs. Of Valves 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 on quality to your previous sample.
兹随函附寄由上海商品检验局出具的第（04）204号检验单之副本一份。该单证
明我方5月5 日所收到的上述货物的品质比贵方预先提供的样品差得多。
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$.
由于这批货物对我方毫无用处，我方向贵方提出……美元的损失赔偿，包括包票
金额和检验费用。
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.
我方相信贵方能及时理赔，一旦贵方理赔，我方将把货物退还贵方。一切费用由
贵方承担。
Yours faithfully,
谨上
Encl.as stated
附件：如文所示
（Favourable Replies 有利回复）
a. onvestigating of the Matter 调查事因 • • • • • • • • • • •
•
•
• •
• Dear sirs, 敬启者： Your Claim on 10,000 pcs of Valves 关于贵方10000个阀门的索赔 We have received your fax of May 10, with enclosure, claiming for inferior quality on the
consignment of 10,000 pieces of valves.
• 贵方5月10日的传真及附件已收悉，就10000个阀门的低劣质量提出索赔。
• In order to settle the claim, we will immediatedly send a repreentative to invesrigate this
matter. If our party was at fault, the compensation will be made at once.
• 为解决该项索赔，我方将立即派人对此事进行调查，如果责任在我方，我方将立
即作出赔偿。
• We apologize for the trouble caused to you and assure you that we will give you a
satisfactory answer.
• 给贵方造成麻烦，深表歉意，并保证会给贵方作出满意的答复。
• Yours faithfully,
• 谨上
(2) Claim for the Goods Not to Standard
质量未达标标准提出索赔
• Dear sirs,
• 敬启者：
• Oue Order No. A105
• 关于我方第A105号订单
• We have duly received the goods of our Order No.A105 for Cotton Jacquard Bath Towels.
But we regret to say that the goods we received are not up to our tandard and they are
quite unsalable inthis market.
• 我方第A105号订单项下提花浴巾已及时收到。但非常遗憾的告知贵方，我方所
收到的货物不符合标准，在我方市场很难销售。
• 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.
• 毫无疑问，我方已经损失很大，而且这批货物的质量使得我方陷入困境，因为我
方客户拒绝购买这批商品而转向其他供货商。
• Under these circumstances, we have to make a claim with you as follows:
• 在这种情况下，我方不得不向贵方提出如下索赔：
• Claim Number Claim for
Amount
• 索赔货号 索赔理由
索赔金额
• CM-90113 Quality
US$2,152,00
• We feel sure that you will give our claim your most favourable consideration and let us
have your settlement at an early date.
• 我方相信贵方一定会对我方索赔给与特别关注并且尽早告知我方结果。
•
•
•
•
•
• •
• Yours faithfully, 谨上 b. Settling the Claim 理赔 Dear sirs, 敬启者： Your Claim for 10,000 pcs of Valves 关于贵方10000个阀门的索赔 Further to our fax of May 16, we are writing to tell you that our representative has looked
into the matter and found that it was a mistake by our staff at the warehouse. We are,
therefore, going to settle the claim .
• 继我方5月16日传真，兹通知贵房我方代表已对此事进行了调查，发现是我方
货仓职员的工作失误，所以，我方将进行理赔。
• But our proposal of settlement is that we will immediately send to you replacements of
which the quality is guaranteed. As to the valves you received, we will be highly
appreciate it if you will try to sell for us in your market at our quoted price, i.e. US$... per
piece including your „% commision. If you agree with our proposal, please inform us
by fax.
• 但是我方建议的解决方式是我方立即发运质量保证的替代物。至于贵方收到我方
的阀门，如果能代我方在贵方市场销售，我方将不胜感激。售价按我方报价，即每
个…… 美元，包括你方…….%佣金。若贵方同意上述意见，请以传真告知我方。
• We feel greatly regretful for the inconvenience you have sustained and would you like to
assure you that all possible steps will be taken to avoid such mistakes happening again. • 此事给贵方带来了麻烦，在此深表歉意，并向贵方保证我方将采取一切措施避免
此类差错再次发生。
• Yours faithfully,
• 谨上
• (An Unfavoueable Reply 拒绝回复）
•
•
• • Dear sirs, 敬启者： 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 details 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. 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.
• 兹谈及贵方对第A105号订单下货物因质量低劣提出的索赔，我方已对此进行了
详细调查，认为贵方提出的索赔是没有根据的。如果贵方能将货物与样品进行仔细比较，贵方就会发现两者的质量完全相同，因为质量是按贵方提供的样品生产的并且符合要求，所以，如果贵方现在认为此货不宜在贵方市场销售，我方不应该承担任何责任。
• As we are in no way liable for the quality of the goods, we regret being unable to
entertain your claim.
• 由于我方对产品质量不负有责任，所以很抱歉不能受理你方索赔。
• We hope our explanation will convince you to withdraw your claim and hope this matter
will have no harmful effect on the dealings betwwen us in future.
• 希望我方的解释能使贵方撤回索赔，并且在未来的交易中不会受到不利影响。 • Yours faithfully,
• 谨上
• 2. Claim for Improper Packing&Reply
不良包装引起的索赔及卖方回复
• Dear sirs,
• 敬启者：
• Our Order No.C426
• 关于我方第C426号订单
• We received this morning the 20 cartons of Wool Carpet under our Order No. C426 per
S.S.”CHANGFU”. We found that one side of 8 cartons were worn and torn and 4 cartons were broken and carpets were in the open. It was obviously attributed to improper packing.
• 今天早上刚刚收到由“长富”轮装运的我方第C426号订单项下的20箱羊毛地毯。
我方发现其中8个箱体的一侧磨损破裂，4个箱体破碎以致地毯暴露，显然是由包装不良所致。
• Though the carpets canbe used, we have to sell them at a price much lower than usual. In
view of the above we suggest you give us 20%of discount on the invoice value or we will
•
•
•
•
•
•
•
• return the goods to you and ask for replacements. 尽管地毯还能使用，但我方售价只能大大低于正常价格。有鉴于此，我方建议贵方向我方提供发票额的20%折扣，否则我方将把货物退换，要求更换。 Please let us know your decision as soon as possible. 请尽早将贵方决定告知我方。 Yours faithfully, 谨上 (Reply – suggesting a claim to the shipping company 回复—建议向运输公司提出索赔） Dear sirs, 敬启者：
• Your Claim on Order No.C426
• 关于贵方第C426号订单的索赔
• We regret to learn from your letter of September 8 that your Order No.C426 of 20 cartons
of Wool Carpet arrived in poor condition.
• 从贵方9月8 日来电获悉，贵方第C426号订单中所订购的20箱羊毛地毯，抵达
时货物状况不良，对此深表歉意。
• If we were at fault we would be responsible to agree to your proposal. But in view of the
fact that our goods were carefully packed by experienced woorkman and sent out to inperfect condition as shown by a copy of the clean B/L which we wnclose herewith. We are certain they were damaged through careless handling while in transit.
• 如果是我方的责任，我方理应同意贵方所提的建议，但由于货物是由经我方富有
经验的工人仔细包装，并且托运时完好无损。随函所寄的清洁单据副本即可证明。我方相信破损是由于运输过程中的粗鲁搬运所致。
• We therefore suggest you had better enter a claim immediately against the Shipping
Company. If you will send us the papers which show exactly the condition the goods reached you, we will take up the matter for you with the view of recovering damages from the Shipping Company.
• 所以我方建议贵方立即向装运公司提出索赔。如果贵方能将货物抵达时确切情况
的文件寄给我方，我方将替贵方办理此事，以便从装运公司获得补偿。
• We are awaiting your reply.
• 盼早复。
• Yours faithfully,
• 谨上
•
3. Claim for Shortweight&Settlement of the Claim 短重引起的索赔及理赔
• Dear sirs,
• 敬启者：
• Re: Our Order No.234 for 10M/T Chemical Fertilizer
• 事由：我方订购10公吨化肥的第234号订单
• We have just received the Survey Report from Shanghai Commodity Inspection and
Quarantine Bureau evidencing that the captioned goods unloaded here yesterday was shortweight 1,120 kg. A thorough examination showed that the short weight was due to the improper packing, for which the suppliers should be definitely responsible.
• 我方刚刚收到伤害商品检验检疫局的检验报告。昨天送达的标题所述的货物短重
1120千克，仔细经过检验，发现短重是由于包装不良所致。供货商应对此完全负责。 • On the basis of the SCIQB’s Survey Report, we hereby register a claim with you for
￡270.00 in all.
• 现根据上海商检检疫局报告，我方向贵方提出总额为270英镑的索赔。
• We are enclosing the Survey Report No.(04)607 and look forward to settlement at an
early date.
• 现随函附寄第（04）607号检验报告。希望贵方早日处理。
• Yours faithfully,
• 谨上
• （Reply – settlement of the claim 回复---理赔）
• Dear sirs,
• 敬启者：
• Your Claim No.145
• 贵方第145号索赔
• With reference to your claim No.145 for a short weight of 1,120 kg. Chemical Fertilizer,
we wish to express our much regret over the unfortunate incident .
• 兹谈及贵方第145号索赔函，索赔短重1120千克化肥。对于这一事件，我方深表
歉意。
• After a check-up by our staff , it was found that some 28 bags had not been packed in 5—
ply strong paper bags as stipulated in the contract, thus resulting in the breakage during transit, for which we tender our apologies.
• 经过检查，我方发现大约有28袋没有按照合同规定使用5层耐用纸袋包装，所以
在运输途中造成破损。
• In view of our long-standing business relations, we will make payment by cheque for
￡270.00, the amount of claim , into your account with the Bank of China, upon receipt of your agreement .
• 鉴于我们之间长期的贸易关系，一旦接到贵方的许可，我方将通过中国银行以支
票向贵方支付索赔金额270英镑。
• We trust that the arrangment we have made will satisfy you and look forwad to receiving
your further orders.
• 相信我们的处理会使贵方满意，并且期待贵方更多的订单.
• Yours faithfully,
• 谨上
Unit 9. Complaint, Claim and Settlement
申诉,索赔和理赔
• Introduction
• In international business, claims do not happen in every transaction but offer occur.
Sometimes when the loss is not serious, the party suffered the loss may not lodge a claim
for compensation. Instead he writes a compliant to call the other party’s 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, sellers
may also raise claims against buyer for non-establishment of L/C or breach of contract,
etc.
Ⅰ.Complaint 申诉
1. Complaint of Wrong Goods Delivery 申诉错发货物
• Dear sirs,
• 敬启者：
• Our Order No. 145
• 我方第145号信用证
• We duly received the documents and took delivery of the goods on arrival of the S.S.
“Lucky” at Shanghai.
• 我方按期收到了装船单据,并在”好运”号轮班抵达上海港时提到了货物.
• We are much obliged to you for the prompt execution of this order. Everything appears to
be correct and in good condition except in case No.1-92.
• 非常感谢贵方对此订单及时执行,除了1-92号箱货物外全部货物正确无误,安全抵
达.
• 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 contents of this case
were for another order.
• 遗憾的是,当我方打开1-92号货箱时,发现里面装的是完全不同种类的货品,我方猜
测,可能是出了差错,此货物属另外的订单.
• As we need the articles we ordered to complete deliveries to our own customers, we must
ask you to arrange for the despatch of replacements at once. We attach a list of the
contents of case No. 1-92, and shall be glad if you will check this with our order and the
copy of your invoice.
• 由于我方急需此货以便履行给我方客户交货的职责.请贵方务必尽快更换.兹随函
附寄1-92号箱货品的清单一份,敬请贵方将此清单与我方订单和贵方发票副本核对.
• In the meantime, we are holding the above-mentioned case at all your disposal. Please let
us know what you wish us to do with it.
• 同时,我方将保存上述货箱货物,等候贵方处理,请将贵方处理意见告知我方.
• Yours faithfully,
• 谨上
• (Reply)
• Dear sirs,
• 敬启者：
• Your Order No. 145 per S.S. “Lucky”
• 贵方第145号订单
• Thank you for your fax of„ We were glad to know that the consignment was delivered
promptly, but it was with great regret that we heard case No.1-92 did not contain the
goods you ordered.
• 感谢贵方X 月X日的传真,货物能够按时抵达,非常高兴.得知所发1-92号箱所装
货物并非贵方所定货物,我方感到十分抱歉.
• On going into the matter we find that a mistake was indeed made in packing, through a
confusion of number, and we have arranged for the right goods to be despacthed to you at
once. Relative documents will be mailed as soon as they are ready.
• 经调查此事,我方发现由于数字混淆,包装中确实出现差错,现在我方已经发出了正
确的货物,有关单据也将尽早邮寄贵方.
• We will appreciate it if you will keep case No.1-92 and contents until called for by the
local agents of World Transport Ltd., our forwarding agents, whom we have instructed
accordingly.
• 如果贵方能暂时保存1-92号货箱及货物,我方将不胜感激.我方将把上述情况通知
我方的运输代理”环球运输公司”的当地部门前往贵处做出恰当处理.
• Please accept our many apologies for the trouble caused to you by the error.
• 由于我方的差错给贵方造成了麻烦,特此致歉.
• Yours faithfully,
• 谨上
2. Complaint for Late Delivery 申诉迟交货物
• Dear sirs,
• 敬启者：
• Our Order No.764
• 我方第764号订单
• We are referring to our Order No.764 fro Hand Tools. When we gave our order on June
1st we stated explicitly that we wanted delivery not later than 15th July and you have
confirmed our order accordingly.
• 我方第764号订单订购手工工具,我方6月1日寄发的订单中已经明确指出交货期
不得迟于7月15日,贵方也相应的给与了确认.
• Since the date you confirmed our order, one month has passed but we are surprised that
we have not yet received the goods or any advice from you when we can expect delivery.
• 自从贵方确认至今,一个月已经过去了,令我方吃惊的是至今尚未到货,也未收到有
关何时可以交货的消息.
• We must point out to you that this delay is very seriously inconveniencing us, and we ask
you to give the reason of the non-executive of our order. As in the event of your being
unable to supply us we shall be compelled to cancel the order and get these goods from
other sources.
• 必须指出的是,此次延误给我方造成了极大地不便,我方要求贵方对于没有执行订
单的原因作出解释.若贵方无法供货,我方将转向其他渠道购买此货.
• Yours faithfully,
• 谨上
• (Reply )
• Dear sirs,
• 敬启者：
• Your Order No.764
• 贵方第764号订单
• We have received your letter of July 15 and very much regret the delay which has
occurred in the execution of your Order No.764.This was occasioned by a serious
breakdown in our supplier’s machinery, in consequence of which all their work was
brought to a standstill for several days. The damage, however, has been repaired, and we
can assure you we will lose no time in the prompt delivery of the goods.
• 贵方7月15日来电获悉,对于延误执行贵方764号订单深表歉意.此事的偶然发生
是由于我方供货商的机器发生严重故障造成的,在此期间他们停产数天,然而故障已
经排除,请相信我方将抓紧时间完成交货.
• You may expect to receive the goods by the 25th .
• 贵方可望在25号之前收到货物.
• We regret the inconvenience you have sustained, but trust this unavoidable accident will
not influence you unfavouraly in future orders.
• 对于给贵方造成的不便再次表示歉意.同时也相信这种难免事故不会对今后的订
单造成不利影响.
• Yours faithfully,
• 谨上
3. Complaint for inferior quality
对质量低劣提出申诉
• Gentlemen:
• 敬启者：
• We have received the goods of our Order No.A100 for 200 cases Muslins, which you
shipped by the S.S. “ Feng Qing ”, but much to our regret we have to inform that we
have received serious complaints from our buyers. He states that the goods are not only
much inferior in quality, but a number pieces are woven narrowly to the pattern submitted
by you. These faults make the goods quite unsalable in this market.
• 贵方由“丰庆”号轮船装运的我方第A100号订单所购的200箱平纹细布已收到。但
非常遗憾的告知贵方，我方客户提出了严厉申诉说货物不但质地非常低劣而且有多
块布四匹的布幅织的比贵方提供的样品窄。这些缺陷使得产品在此地市场很难销售。
• We are, however, making efforts to settle the matter amicably, but in case our buyer
persists in making complaint, there is no way for us but put the matter before the
Chamber of Commerce of Singapore for arbitration, and any allowance that we may have
to make will be debited to you in due course.
• 不过，我方正在竭力和解此事。但如果我方客户坚持申诉，我方只能将此送交新
加坡商会仲裁。我方所要支付的任何费用到时都将记入贵方账户上。
• We hope the matter will come to your best attention.
• 希望此事引起贵方特别关注。
• Yours truly,
• 谨上
Ⅱ. Claim and Settlement 索赔和理赔
1.Claim for Inferior Quality&Reply for Settlement
对质量低劣提出的索赔及理赔的回复
• （1） Claim for Inferior Quality 因质量低劣提出的索赔
•
•
•
• Dear sirs, 敬启者： Re: Cliam for 10,000 pcs. Of Valves 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 on quality to your previous sample.
兹随函附寄由上海商品检验局出具的第（04）204号检验单之副本一份。该单证
明我方5月5 日所收到的上述货物的品质比贵方预先提供的样品差得多。
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$.
由于这批货物对我方毫无用处，我方向贵方提出……美元的损失赔偿，包括包票
金额和检验费用。
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.
我方相信贵方能及时理赔，一旦贵方理赔，我方将把货物退还贵方。一切费用由
贵方承担。
Yours faithfully,
谨上
Encl.as stated
附件：如文所示
（Favourable Replies 有利回复）
a. onvestigating of the Matter 调查事因 • • • • • • • • • • •
•
•
• •
• Dear sirs, 敬启者： Your Claim on 10,000 pcs of Valves 关于贵方10000个阀门的索赔 We have received your fax of May 10, with enclosure, claiming for inferior quality on the
consignment of 10,000 pieces of valves.
• 贵方5月10日的传真及附件已收悉，就10000个阀门的低劣质量提出索赔。
• In order to settle the claim, we will immediatedly send a repreentative to invesrigate this
matter. If our party was at fault, the compensation will be made at once.
• 为解决该项索赔，我方将立即派人对此事进行调查，如果责任在我方，我方将立
即作出赔偿。
• We apologize for the trouble caused to you and assure you that we will give you a
satisfactory answer.
• 给贵方造成麻烦，深表歉意，并保证会给贵方作出满意的答复。
• Yours faithfully,
• 谨上
(2) Claim for the Goods Not to Standard
质量未达标标准提出索赔
• Dear sirs,
• 敬启者：
• Oue Order No. A105
• 关于我方第A105号订单
• We have duly received the goods of our Order No.A105 for Cotton Jacquard Bath Towels.
But we regret to say that the goods we received are not up to our tandard and they are
quite unsalable inthis market.
• 我方第A105号订单项下提花浴巾已及时收到。但非常遗憾的告知贵方，我方所
收到的货物不符合标准，在我方市场很难销售。
• 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.
• 毫无疑问，我方已经损失很大，而且这批货物的质量使得我方陷入困境，因为我
方客户拒绝购买这批商品而转向其他供货商。
• Under these circumstances, we have to make a claim with you as follows:
• 在这种情况下，我方不得不向贵方提出如下索赔：
• Claim Number Claim for
Amount
• 索赔货号 索赔理由
索赔金额
• CM-90113 Quality
US$2,152,00
• We feel sure that you will give our claim your most favourable consideration and let us
have your settlement at an early date.
• 我方相信贵方一定会对我方索赔给与特别关注并且尽早告知我方结果。
•
•
•
•
•
• •
• Yours faithfully, 谨上 b. Settling the Claim 理赔 Dear sirs, 敬启者： Your Claim for 10,000 pcs of Valves 关于贵方10000个阀门的索赔 Further to our fax of May 16, we are writing to tell you that our representative has looked
into the matter and found that it was a mistake by our staff at the warehouse. We are,
therefore, going to settle the claim .
• 继我方5月16日传真，兹通知贵房我方代表已对此事进行了调查，发现是我方
货仓职员的工作失误，所以，我方将进行理赔。
• But our proposal of settlement is that we will immediately send to you replacements of
which the quality is guaranteed. As to the valves you received, we will be highly
appreciate it if you will try to sell for us in your market at our quoted price, i.e. US$... per
piece including your „% commision. If you agree with our proposal, please inform us
by fax.
• 但是我方建议的解决方式是我方立即发运质量保证的替代物。至于贵方收到我方
的阀门，如果能代我方在贵方市场销售，我方将不胜感激。售价按我方报价，即每
个…… 美元，包括你方…….%佣金。若贵方同意上述意见，请以传真告知我方。
• We feel greatly regretful for the inconvenience you have sustained and would you like to
assure you that all possible steps will be taken to avoid such mistakes happening again. • 此事给贵方带来了麻烦，在此深表歉意，并向贵方保证我方将采取一切措施避免
此类差错再次发生。
• Yours faithfully,
• 谨上
• (An Unfavoueable Reply 拒绝回复）
•
•
• • Dear sirs, 敬启者： 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 details 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. 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.
• 兹谈及贵方对第A105号订单下货物因质量低劣提出的索赔，我方已对此进行了
详细调查，认为贵方提出的索赔是没有根据的。如果贵方能将货物与样品进行仔细比较，贵方就会发现两者的质量完全相同，因为质量是按贵方提供的样品生产的并且符合要求，所以，如果贵方现在认为此货不宜在贵方市场销售，我方不应该承担任何责任。
• As we are in no way liable for the quality of the goods, we regret being unable to
entertain your claim.
• 由于我方对产品质量不负有责任，所以很抱歉不能受理你方索赔。
• We hope our explanation will convince you to withdraw your claim and hope this matter
will have no harmful effect on the dealings betwwen us in future.
• 希望我方的解释能使贵方撤回索赔，并且在未来的交易中不会受到不利影响。 • Yours faithfully,
• 谨上
• 2. Claim for Improper Packing&Reply
不良包装引起的索赔及卖方回复
• Dear sirs,
• 敬启者：
• Our Order No.C426
• 关于我方第C426号订单
• We received this morning the 20 cartons of Wool Carpet under our Order No. C426 per
S.S.”CHANGFU”. We found that one side of 8 cartons were worn and torn and 4 cartons were broken and carpets were in the open. It was obviously attributed to improper packing.
• 今天早上刚刚收到由“长富”轮装运的我方第C426号订单项下的20箱羊毛地毯。
我方发现其中8个箱体的一侧磨损破裂，4个箱体破碎以致地毯暴露，显然是由包装不良所致。
• Though the carpets canbe used, we have to sell them at a price much lower than usual. In
view of the above we suggest you give us 20%of discount on the invoice value or we will
•
•
•
•
•
•
•
• return the goods to you and ask for replacements. 尽管地毯还能使用，但我方售价只能大大低于正常价格。有鉴于此，我方建议贵方向我方提供发票额的20%折扣，否则我方将把货物退换，要求更换。 Please let us know your decision as soon as possible. 请尽早将贵方决定告知我方。 Yours faithfully, 谨上 (Reply – suggesting a claim to the shipping company 回复—建议向运输公司提出索赔） Dear sirs, 敬启者：
• Your Claim on Order No.C426
• 关于贵方第C426号订单的索赔
• We regret to learn from your letter of September 8 that your Order No.C426 of 20 cartons
of Wool Carpet arrived in poor condition.
• 从贵方9月8 日来电获悉，贵方第C426号订单中所订购的20箱羊毛地毯，抵达
时货物状况不良，对此深表歉意。
• If we were at fault we would be responsible to agree to your proposal. But in view of the
fact that our goods were carefully packed by experienced woorkman and sent out to inperfect condition as shown by a copy of the clean B/L which we wnclose herewith. We are certain they were damaged through careless handling while in transit.
• 如果是我方的责任，我方理应同意贵方所提的建议，但由于货物是由经我方富有
经验的工人仔细包装，并且托运时完好无损。随函所寄的清洁单据副本即可证明。我方相信破损是由于运输过程中的粗鲁搬运所致。
• We therefore suggest you had better enter a claim immediately against the Shipping
Company. If you will send us the papers which show exactly the condition the goods reached you, we will take up the matter for you with the view of recovering damages from the Shipping Company.
• 所以我方建议贵方立即向装运公司提出索赔。如果贵方能将货物抵达时确切情况
的文件寄给我方，我方将替贵方办理此事，以便从装运公司获得补偿。
• We are awaiting your reply.
• 盼早复。
• Yours faithfully,
• 谨上
•
3. Claim for Shortweight&Settlement of the Claim 短重引起的索赔及理赔
• Dear sirs,
• 敬启者：
• Re: Our Order No.234 for 10M/T Chemical Fertilizer
• 事由：我方订购10公吨化肥的第234号订单
• We have just received the Survey Report from Shanghai Commodity Inspection and
Quarantine Bureau evidencing that the captioned goods unloaded here yesterday was shortweight 1,120 kg. A thorough examination showed that the short weight was due to the improper packing, for which the suppliers should be definitely responsible.
• 我方刚刚收到伤害商品检验检疫局的检验报告。昨天送达的标题所述的货物短重
1120千克，仔细经过检验，发现短重是由于包装不良所致。供货商应对此完全负责。 • On the basis of the SCIQB’s Survey Report, we hereby register a claim with you for
￡270.00 in all.
• 现根据上海商检检疫局报告，我方向贵方提出总额为270英镑的索赔。
• We are enclosing the Survey Report No.(04)607 and look forward to settlement at an
early date.
• 现随函附寄第（04）607号检验报告。希望贵方早日处理。
• Yours faithfully,
• 谨上
• （Reply – settlement of the claim 回复---理赔）
• Dear sirs,
• 敬启者：
• Your Claim No.145
• 贵方第145号索赔
• With reference to your claim No.145 for a short weight of 1,120 kg. Chemical Fertilizer,
we wish to express our much regret over the unfortunate incident .
• 兹谈及贵方第145号索赔函，索赔短重1120千克化肥。对于这一事件，我方深表
歉意。
• After a check-up by our staff , it was found that some 28 bags had not been packed in 5—
ply strong paper bags as stipulated in the contract, thus resulting in the breakage during transit, for which we tender our apologies.
• 经过检查，我方发现大约有28袋没有按照合同规定使用5层耐用纸袋包装，所以
在运输途中造成破损。
• In view of our long-standing business relations, we will make payment by cheque for
￡270.00, the amount of claim , into your account with the Bank of China, upon receipt of your agreement .
• 鉴于我们之间长期的贸易关系，一旦接到贵方的许可，我方将通过中国银行以支
票向贵方支付索赔金额270英镑。
• We trust that the arrangment we have made will satisfy you and look forwad to receiving
your further orders.
• 相信我们的处理会使贵方满意，并且期待贵方更多的订单.
• Yours faithfully,
• 谨上