complaint and claim 申诉及索赔

COMPLAINT AND CLAIM

     申诉及索赔

     Introduction

     In international business, claims do not happen in every transaction but often occur. Sometimes when the loss is not serious, the party suffered the loss may not lodge 1 a claim for compensation. In stead he writes a complaint 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 2 packing, breach 3 of contract, etc. However, sellers may also raise claims against buyer for non-establishment of L/C or breach of contract, etc.

     Specimen 4 Letters

Ⅰ. Complaint

     申诉

1. Complaint of Wrong Goods Delivered

     申诉错发货物

Dear Sir,

(Our Order No.145)

     We duly received the documents and took delivery of the goods on arrival of the s/s "Lucky" at Shanghai.

     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.

     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.

     As we need the articles we ordered to complete deliveries to our own customers, we must ask you to arrange for the despatch 5 of replacements 6 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 8.

     In the meantime, we are holding the above-mentioned case at your disposal. Please let us know what you wish us to do with it.

     Yours faithfully,

(Reply)

     Dear Sirs,

(Your Order No.145 per s/s "Lucky")

     Thank you for your letter of … We were glad to know that the consignment 9 was delivered promptly 10, but it was with great regret that we heard case No.1-92 did not contain the goods you ordered.

     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 despatched to you at once. Relative documents will be mailed as soon as they are ready.

     We will appreciate it if you will keep case No.1-92 and contents un-till called for by the local agents of World Transport Ltd., our forwarding agents, whom we have instructed accordingly.

     Please accept our many apologies for the trouble caused to you by the error.

     Yours faithfully,

     Notes

1. complaint n. 申诉；抱怨

     常用句型是：make (或 lodge, lay) a complaint against…

     complain v.i. 诉苦；申诉；抱怨

     complain to sb. of sth.

2. be obliged to 感激

     We are much obliged to you for your help. 非常感激你对我们的帮助。

3. replacement 7 n. 替代物

4. attach v.t. 附加，随附

     We attach a catalogue of our commodities for your consideration. 随附我方商品的目录单一份，供你方考虑。

     attachment 11 n. 附件

5. disposal n. 处理，处置

     at sb's disposal 有某人作主，听某人之便；由某人支配

     put (or: leave) sth. at sb's disposal 把某事交某人自由处理

     We will leave the case No.1-92 at your disposal. 我们将把1-92号箱的货交你方自行处理。

6. on going into the matter 经调查此事

7. call for 访问；拜访；要求；请求

8. forwarding agents 运输代理

     forwarding order 托运单

     forwarder n. 运输商

9. accordingly adv. 照着（办、做等）；相应地

     We must ascertain 12 the actual conditions and arrange accordingly. 我们必须了解具体情况，作出相应的安排。

     Our contract, stipulates 13 that the goods should be packed in seaworthy packing, so you must act accordingly. 我方合同规定货物包装应为适于海运的包装，你方必须照办。

2. Complaint for Late Delivery

     申诉迟交货物

Dear Sirs,

(Our Order No.764)

     We are referring to our Order No.764 for Hand Tools. When we gave you our order on June 1st we stated explicitly 14 that we wanted delivery not later than 15th July and you have confirmed our order accordingly.

     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.

     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-execution 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 another firm.

     Yours faithfully,

(Reply)

     Dear Sirs

(Your Order No.764)

     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 15 in our supplier's machinery 16, 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.

     You may expect to receive the goods by the 25th.

     We regret the inconvenience you have sustained, but trust this unavoidable accident will not influence you unfavourably in future orders.

     Yours faithfully

     Notes

1. in the event of… 如果……发生

2. compel v.t. 强迫；迫使；使不得不

     compel sb. to do sth. 强迫某人做某事

3. occasioned adj. 偶然的；突然的

4. breakdown n. 打破；毁坏；（机器）出故障

5. in consequence of… 结果；因……而

6. standstill n. 停止；中止

3. Complaint for Inferior Quality

     对质量低劣提出的申诉

Gentlemen:

     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 you that we have received serious complaints from our buyer. He states that the goods are not only much inferior in quality, but a number of pieces are woven narrowly to the pattern submitted by you. These faults make the goods quite unsalable in this market.

     We are, however, making efforts to settle the matter amicably 17, but in case our buyer persists in making complaint, there is no way for us but put the matter before the Chamber 18 of Commerce of Singapore for arbitration 19, and any allowance that we may have to make will be debited 20 to you in due course.

     We hope the matter will come to your best attention.

     Yours truly,

     Notes

1. Muslins n. 平纹细布

2. inferior adj. （质量等）劣等的；差的；次的

     inferior goods 低档货

3. weave v.t. 织；编（制） v.i 纺织；织布

4. Chamber of Commerce n. 商会

5. arbitration n. 仲裁

6. allowance n. 补贴

7. debit 21 n. 〔会计〕借方；记入借方的款项

     v.t. 将……记入借方

     debit ￡5 against (or: to) sb. (或: debit sb. With ￡5) 把一笔五英镑的帐记入某人的借方