claim 索赔

Claim

     索赔

1. Claim for Inferior Quality

     对质量低劣提出的索赔

(1) Dear Sirs,

(Re: Claim for 10,000 pcs. of Valves)

     We are enclosing a copy of the Inspection 1 Certificate No.(98)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 this lot of goods is of no use at all to us, we require you refund 2 the invoice 3 amount and inspection fee of the goods amounting to US $…

     We trust you will promptly 4 settle this claim. As soon as the settlement is accomplished 5, we will send the goods back to you. All the expenses will be for your account.

     Yours faithfully,

     Encl. as stated

(Favourable 6 Replies)

     a. Dear Sirs,

(Your Claim on 10,000 pcs of Valves)

     We have received your fax of May 10, with enclosure, claiming for inferior quality on the consignment 7 of 10,000 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.

     We apologize for the trouble caused to you and assure you that we will give you a satisfactory answer.

     Yours faithfully,

b. Dear Sirs,

(Your Claim for 10,000 pcs of Valves)

     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 8. We are, therefore, going to settle the claim.

     But our proposal of settlement is that we will immediately send to you replacements 9 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 …% commission. If you agree with our proposal, please inform us by fax.

     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.

     Yours faithfully,

     Notes

1. claim n. 索赔，赔偿要求

     表示索赔的原因，一般接介词for, 如claim for damage;

     表示索赔的金额，一般接介词for, 如claim for US $10,000;

     表示对某批货物索赔，一般接介词on, 如claim on the goods;

     表示向某人索赔，一般接介词against, 如claim against the underwriters.

     现将常用的词组列下：

     claim against a person 向某人索赔

     claim arising from a breach 10 of the contract 违约所引起的赔偿要求

     claim arising from a defect of the goods 货物瑕疵所引起的索赔

     claim arising on a bill of lading 有关提单引起的索赔

     claim barred by reason of limitation 受时效限制的索赔

     claim based on lack of conformity 11 of the goods 货物不符产生的索赔

     claim based on physical loss damage 货物灭失所产生的索赔

     claim for compensation of damages 损害赔偿的诉权

     claim for contribution in general average 要求分摊共同海损

     claim for damage 由于损坏而索赔

     claim for financial loss 关于经济损失的诉权

     claim for general average 共同海损分担的诉权

     claim for inferior quality 由于品质低劣而索赔

     claim for payment 要求付款的诉权

     claim for proceeds 要求赔偿贷款

     claim for reimbursement 12 要求偿还，索偿

     claim for short delivery 由于短装而索赔

     claim letter 索赔信

     claim on account of damage 因损坏而索赔

     claim on the goods 对该货提出索赔

     为某事向某人提出索赔的常用句型是：lodge 13 a claim against (间用with或on或upon) sb. for sth.

     说"提出"索赔，除lodge外，较常用的动词还有raise, file和put in；此外，还可用make, issue, lay, register, render, enter, bring up, set up等。

     We shall lodge a claim against the Insurance Company for the goods damaged during transit 14. 对于货物在运输途中损坏，我们将向保险公司提出索赔。

     We file a claim against you for the short delivery of 145 lbs. 我们向你方提出短交145磅的索赔。

     下面上claim和其他动词搭配的部分常见短语：

     accept a claim 同意索赔

     admit a claim 同意索赔

     entertain a claim 受理索赔

     dismiss a claim 驳回索赔

     reject a claim 拒绝索赔

     relinquish 15 a claim 撤回索赔

     settle a claim 解决索赔

     waive 16 a claim 放弃索赔

     withdraw a claim 撤回索赔

     claim v. 索赔，要求赔偿

     通常作及物动词，宾语为索赔的金额或 compensation, amount 等名词；

     间或作不及物动词。以下为部分常用短语，注意介词的一般用法：

     to claim US $10,000 索赔美元一万元

     to claim a compensation of US $10,000 要求赔偿美元一万元

     to claim US $10,000 for damage 因损坏赔偿美元一万元

     to claim US $10,000 on the goods 对该货索赔美元一万元

     to claim US $10,000 from the underwriters 向保险公司索赔美元一万元

     为某事向某人索赔若干金额的常用句型是：to claim (a compensation of) … from sb. for sth.

     We should claim US $1,500.00 from you for the loss caused by improper 17 packing. 我们必须为由于不良包装所造成的损失向你方索赔1500.00美元。

2. valve n. 阀门

3. refund v.t. 归还；偿还 n. 归还额；偿还额

     refund the excess on a tax 归还多收的税款

     refund the goods to the seller 把货物归还卖方

     obtain a refund of a deposit 获得保证金的退款

     refundable 18 adj. 可归还的，可偿还的

     The bid bond is refundable to those bidders 19 who are not the winner. 对于不中标者，投标保证金予以退还。

4. accomplish v.t. 完成

     accomplish a task 完成一项任务

5. compensation 补偿，赔偿，补偿物，赔偿费

     make compensation for sb's losses 补偿某人的损失

     compensation trade 补偿贸易

     compensate 20 v.t. 补偿，赔偿

     You should compensate us for the loss caused by the late delivery. 你方必须向我方赔偿因迟交货物所引起的损失。

6. further to 继……

     Further to our telex 21 of July 15, we have today sent you our latest pricelist for your consideration 继我方7月15日电传，今日寄去我方最新价目单供参考。

7. look into 调查；观察

     look into a problem 调查研究问题

8. sustain v.t. 蒙受，遭受

     You should be entirely 22 responsible for the losses we sustained owing to improper packing. 因不良包装使我方遭受的损失，你方应负完全责任。

(2) Dear Sirs,

(Our Order No. A105)

     We have duely received the goods of our Order No. A105 for Cotton Jacquard Bath Towels. But we are regret to say that the goods we received are not up to our standard and they are quite unsalable in this market.

     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 resourses.

     Under these circumstances, we have to make a claim with you as follows:

     Claim Number Claim for Amount

     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.

     Yours faithfully,

(An Unfavourable 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 details and so far as we have found that there is no ground for such a claim to be lodged 24 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 25 if you now find them unsuitable for sale in your market.

     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.

     Yours faithfully,

     Notes

1. synthetic 26 fabrics 27 合成纤维织品

2. there is no ground for… 是毫无根据的；是站不住脚的

3. assume v.t. 承担；担任

     assume responsibility 承担责任

     4. whatsoever pron. 无论什么（意为 whatever，但语气比 whatever 强）

2. Claim for Improper Packing

     不良包装引起的索赔

Dear Sirs,

(Our Order No. C426)

     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 the carpets were in the open. It was obviously attributed to improper packing.

     Though the carpets can be 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.

     Please let us know your decision as soon as possible.

     Yours faithfully,

(Reply) -- suggesting a claim to the shipping 28 company

     Dear Sirs,

(Your Claim on Order No. C426)

     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.

     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 workman and sent out in perfect condition as shown by a copy of the clean B/L which we enclose herewith. We are certain they were damaged through careless handling while in transit.

     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.

     We are awaiting your reply.

     Yours faithfully,

     Notes

1. worn and torn 磨损

2. attributed to 归因于，由于

     attribute v.t. 把……归因于，把……归咎于

     We attribute our business successes to our mutual 29 effort. 我们把业务上的成功归功于共同的努力。

3. in view of the above… 鉴于上述情况……

4. in poor condition （尤指货物在离抵目的地时被损坏，或有所损伤的状况）

     in good condition 良好状况

     in perfect condition 完好无损

5. papers = documents (这里指Inspection Certificate)

6. take up the matter 着手处理这个问题

     take up 着手处理

     take up the matter with… 向……提出问题（要求处理，答复等）

7. with the view of… 以……为目的，为了……

     with the view of saving trouble 为了省去麻烦

3. Claim for Shortweight

     短重引起的索赔

Dear Sirs,

(Re: Our Order No.234 for 10M/T Chemical Fertilizer)

     We have just received the Survey Report from Shanghai Commodity Inspection Bureau evidencing that the captioned 30 goods unloaded here yesterday was shortweight 1,120kg. A thorough examination showed that the short weight was due to the improper packing, for which the suppliers should be definitely responsible.

     On the basis of the SCIB's Survey Report, we hereby register a claim with you for Stg. ￡270.00 in all.

     We are enclosing the Survey Report No.(98)607 and look forward to settlement at an early date.

     Yours faithfully,

(Reply) -- settlement of the claim

     Dear Sirs,

(Your Claim No.145)

     With reference to your claim No.145 for a short weight of 1,120kg. Chemical Fertilizer, we wish to express our much regret over the unfortunate incident.

     After a check-up by our staff, it was found that some 28 bags had not been packed in 5-ply 23 strong paper bags as stipulated 31 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 cheque for stg. ￡270.00, the amount of claim, into your account with the Bank of China, upon receipt of your agreement.

     We trust that the arrangement we have made will satisfy you and look forward to receiving your further orders.

     Yours faithfully,

     Notes

1. shortweight adj/n. 短重。也可以写作：short-weight. 作名词时还可以写作short weight.

     The shipment of Tin Foil sheet ex s.s. Dongfeng is shortweight 4.82M/T. (shortweight是形容词) 由东风轮运来的锡箔纸短重4.82吨。

     We lodge a claim against you for a shortweight of 4.82M/T (shortweight是名词)我方为短重4.82吨向你方提出索赔。

     short 短少；短缺；不足，可以与许多名词或过去分词构成复合词。如：

     short delivery 缺交；短交

     short shipment 短装；装载不足

     short-calculated adj. 少算

     short-delivered adj. 短交，缺交

     short-established adj. 少开

     short-invoiced adj. 发票少开

     short-landed adj. 短卸

     short-shipped adj. 短装

     short-paid adj. 少付

2. Survey Report 检验报告

     Survey Report on Quality 品质鉴定证明书

     Survey Report on Weight 重量鉴定证明书

3. check-up n. 检查；检验

4. 5-ply 五层

     ply n. 厚度；层片，股

     three-ply wood 三夹板，三合板

     a two-ply rope 一根双股的绳子

     The cartons should be strengthened by two-ply nylon straps 32. 纸箱必须用双股尼龙带加固。