1、Unit 14 Claim and Settlement索賠與理賠第1頁，共44頁。14.1 Introduction（簡介） 目的：掌握在發(fā)生損失時(shí)，如何進(jìn)行索賠和理賠信函的處理。 在合同的執(zhí)行過程中，簽約雙方應(yīng)該嚴(yán)格履行合同義務(wù)。任何一方如果不能履約就會(huì)給另一方帶來麻煩，有時(shí)還會(huì)使另一方遭受經(jīng)濟(jì)損失。一旦發(fā)生這種情況，受損方有權(quán)根據(jù)合同規(guī)定要求責(zé)任方賠償或是采取補(bǔ)救措施。受損方所采取的這種行動(dòng)稱之為“索賠”（Claim）；責(zé)任方就受損失一方提出的要求進(jìn)行處理，叫做“理賠”（Settlement）。 在書寫索賠及理賠信函時(shí)，應(yīng)注意以下幾點(diǎn)： （1）迅速及時(shí)。 （2）詳細(xì)明確。 （3）語氣婉轉(zhuǎn)

2、。第2頁，共44頁。14.2 Writing Skills（寫作技巧）索賠信函的寫作步驟及常見表達(dá)方式：寫作步驟 表達(dá)方式 （1）對(duì)貨物提出索賠，并表示遺憾 Much to our regret, about（對(duì)提出表示遺憾。） We regret to say that （我們很遺憾地告知。） （2）說明要求索賠的原因 We have just received the Survey Report fromevidencing that（我們已經(jīng)收到由開來的檢驗(yàn)報(bào)告，證明。） We immediately invited qualified surveyors to the spot to

3、look into the case, and their findings show that （我們立即邀請(qǐng)專業(yè)檢驗(yàn)人員到現(xiàn)場檢查，結(jié)果表明。）第3頁，共44頁。（3）說明由此而造成的不便，并請(qǐng)求對(duì)方解決 The inferior quality ofcauses us considerable difficulty and it is hard for us to dispose of it.（該貨物品質(zhì)不良給我們帶來相當(dāng)大的困難，使得我們很難處理。） （4）提出解決索賠的建議、辦法或要求 We must ask you to arrange for the dispatch of re

4、placements at once.（我們要求你方必須立即替換貨物。） We think we can reserve the right to lodge a claim against you for the loss we have suffered.（我方保留對(duì)你方給我們?cè)斐傻膿p失提出索賠的權(quán)利。） On the basis of the Survey Report, we hereby register a claim with you forin all.（以檢驗(yàn)報(bào)告為依據(jù)，我們?cè)诖讼蚰惴教岢隹偨痤~為的賠償要求。） 第4頁，共44頁。（5）表示希望對(duì)方及時(shí)解決或告知處理辦法 We

5、 are awaiting your prompt reply.（盼即復(fù)。）We are enclosing the Survey Report and look forward to settlement at an early date.（我們隨函附寄了檢驗(yàn)報(bào)告，希望你方能夠盡快解決。）We would like you to inform us of what you decide to do regarding our losses.（對(duì)于我方的損失，請(qǐng)貴公司告知你方的處理辦法。） 第5頁，共44頁。回復(fù)索賠信函（索賠有理由情況下）的寫作步驟及常見表達(dá)方式：寫作步驟 表達(dá)方式 （1）對(duì)

6、該索賠事件表示遺憾 Thank you for your letter of, but it was with great regret that we heard （感謝貴公司日來函，我們對(duì)事件深表遺憾。） With reference to your claim for, we wish to express our much regret over the unfortunate incident.（對(duì)于你方就問題的索賠，我們對(duì)此不幸事件表示十分遺憾。） （2）說明正在對(duì)索賠事件進(jìn)行調(diào)查 On going into the matter we find that （經(jīng)對(duì)此事件的調(diào)查，我們

7、發(fā)現(xiàn)。）After a check-up by our staff, it was found that, thus resulting in, for which we tender our apologies.（經(jīng)過我方人員的核查后發(fā)現(xiàn)由于問題而導(dǎo)致，對(duì)此我們致以歉意。） 第6頁，共44頁。（3）表示將對(duì)該索賠事件采取解決措施 We have arrangedat once.（我們立即采取解決辦法。） In view of our long-standing business relations, we will make payment forinto your account.（鑒于我

8、們之間長期的業(yè)務(wù)關(guān)系，我們將支付金額款項(xiàng)給你方作為賠償。） （4）對(duì)于給對(duì)方帶來的不便表示歉意 We regret the inconvenience you have sustained.（對(duì)于你方所承受的不便，我方深表歉意。） Please accept our apologies for the trouble caused to you.（對(duì)于給貴公司帶來的不便，請(qǐng)接受我們的歉意。） 第7頁，共44頁。（5）表示希望此種解決方式能讓對(duì)方滿意 We trust that the arrangement that we have made will satisfy you.（相信我們的安排

9、將會(huì)使你方感到滿意。） 回復(fù)索賠信函（索賠沒有理由情況下）的寫作步驟及常見表達(dá)方式：寫作步驟 表達(dá)方式 （1）表示收到對(duì)方日索賠信函感到遺憾或驚訝 We feel deeply sorry thatin your letter of（貴公司日來函收悉，對(duì)于事件，我方深表遺憾。） We are sorry to learn from your letter of（對(duì)于你方日來函，我方深表遺憾。） 第8頁，共44頁。（2）經(jīng)過調(diào)查發(fā)現(xiàn)該事件另有原因 After going into the matter carefully we estimate thatmight be due to（經(jīng)過認(rèn)真調(diào)

10、查，我們估計(jì)事件可能是由于原因所致。） We can assure you that the goods in question were in perfect condition when they left here. We have the clean B/L to support what we say. Maybe the damage complained of must have occurred in transportation.（我們保證該批貨物發(fā)貨時(shí)狀況良好，有清潔提單證明。由此，該損害可能是在運(yùn)輸過程中產(chǎn)生的。）（3）表示該損失應(yīng)由其他當(dāng)事人承擔(dān) The respons

11、ibility should rest with either of the parties concerned.（對(duì)此損失應(yīng)該由相關(guān)任何一方當(dāng)事人負(fù)責(zé)。） This being the case, we would like to advise you to claim on the shipping company who should be held responsible.（對(duì)此情況，我們告知你方應(yīng)向船運(yùn)公司索賠，應(yīng)該由其負(fù)責(zé)。） 第9頁，共44頁。（4）對(duì)該損失再次表示遺憾或提出拒絕賠償 Consequently we find no ground to compensate you

12、 for the loss.（由此，我們沒有理由向你方賠付。） We think we are apparently not liable for the damage.（顯然，我們不應(yīng)對(duì)此損失負(fù)責(zé)。） At any rate, we deeply regret about the unfortunate incident.（無論如何，我們對(duì)此不幸事件深表遺憾。 第10頁，共44頁。如果未能對(duì)索賠進(jìn)行及時(shí)、有效的處理，則應(yīng)立即告知對(duì)方信已收到，并說明正在調(diào)查此事，以后會(huì)給出充分的答復(fù)。回復(fù)此類索賠信函的寫作步驟及常見表達(dá)方式：寫作步驟 表達(dá)方式 （1）表示收到對(duì)方日索賠函感到遺憾或驚訝 We

13、are very surprised to learn from（對(duì)于，我方深表驚訝。） （2）表示要對(duì)此事件進(jìn)行澄清或說明 We want to have the problem clarified without any delay.（我們希望毫不延遲地澄清此問題。） 第11頁，共44頁。（3）表示正在調(diào)查此事 We have sent our representative to your end to investigate the matter in detail.（我們已經(jīng)派代表到你處詳細(xì)調(diào)查此事。） （4）表示將會(huì)給對(duì)方合理的答復(fù) You may be assured that t

14、he matter will be settled in a reasonable manner to our mutual benefits.（請(qǐng)相信我方將以互利的方式合理地解決此事。） 第12頁，共44頁。14.3 Specimen Letters（樣函）Letter 1：Claim on wrong goodsDear Sirs,Re: Our Order No.123 We duly received the documents and took delivery of the goods on arrival of s/s Prince at Hamburg. We thank yo

15、u for your prompt execution of this order. Every thing appears to be correct and in good condition except in case No.3. 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 a

16、nother order.第13頁，共44頁。 As we need the articles we ordered to complete deliveries to our own customers, we must ask you to arrange for the dispatch of replacements at once. We attach a list of the contents of case No.3, and shall be glad if you will check this with our Order and your copy of your In

17、voice. In the meantime, we are holding the above-mentioned case at your disposal, and please let us know what you wish us to do with it. Yours faithfully,第14頁，共44頁。Letter 2：A reply to the claim on wrong goodsDear Sirs,Re: Your Order No.123 per s/s Prince Thank you for your letter of November 11. We

18、were glad to know that the consignment was delivered promptly, but it was with great regret that we heard case No.3 did not contain the goods you 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 righ

19、t goods to be dispatched to you at once. Relative documents will be mailed as soon as they are ready.第15頁，共44頁。 We have already cabled to inform you of this, and we enclose a copy of the telegram. We shall be grateful if you will keep case No.3 and contents until called for by the local agents of Wo

20、rld Transport Ltd., our forwarding agents, whom we have instructed accordingly. Please accept our apologies for the trouble caused to you by the error. Yours faithfully,第16頁，共44頁。Letter 3：Complaint for low qualityDear Sirs, The green beans under S/C No. AB046 dispatched on November 4, 2002 have arri

21、ved at our port yesterday. The Commodity Inspection Bureau has carefully examined the quality of the beans, and we regret to say that they found it is far low the standard stipulated in the S/C. The covering Inspection Certificate is going to be airmailed to you as soon as it comes to hand. We think

22、 you will look into the matter at once and take immediate measures to correct the mistakes and ensure that nothing like this will happen in the future.第17頁，共44頁。 The inferior quality of these beans has caused considerable difficulty to us and it is hard for us to dispose of it, even at a rather low

23、price. We think we can reserve the right to lodge a claim against you for the loss we have suffered Yours faithfully,第18頁，共44頁。Letter 4：A reply to the aboveDear Sirs, We are very surprised to learn from your letter of December 30th, 2002 that the green beans dispatched November 4, 2002 were below th

24、e standard stipulated in the contract and that you are reserving the right to lodge a claim against us. Naturally we hope that the transaction will be concluded to your satisfaction. Now that you have found the quality of the beans do not comply with that stipulated in the contract, we want to have

25、the problem clarified without any delay. So we have sent our representative to your end to investigate the matter in detail. 第19頁，共44頁。 We would not give any comment before our representative inspects the goods. We will soon let you know the date of this visit and hope you will give him your best co

26、operation. You may be assured that the matter will be settled in a reasonable manner to our mutual benefits. Yours faithfully,第20頁，共44頁。Letter 5：Claim on the seller for the damaged goodsDear Sirs,Re: Your S/C No. 2A-667B We have been informed by our agents in Beijing that 200 Tea Sets under the abov

27、e S/C by S/S Great Wall arrived at Port Amsterdam on July 8. Much to our regret, about 20% of the packages was seriously damaged with contents shattered to pieces and the outer bands broken. We immediately invited qualified surveyors to the spot to look into the case, and their findings show that th

28、is was due to poor packing. A detailed survey report will be dispatched to you subsequent to their further study of individual case.第21頁，共44頁。 In accordance with the stipulations of the above Sales Confirmation, we think the tea sets should have been packed in strong seaworthy wooden cases suitable

29、for long distance ocean voyages. We are obliged to hold you are responsible for the damage and claim on you for the compensation for the loss thus incurred. Meanwhile our buyers are urging us to settle the case immediately. Therefore, we would like you to inform us of what you decide to do regarding

30、 our losses. We are awaiting your prompt reply. Yours faithfully,第22頁，共44頁。Letter 6：A reply to the aboveDear Sirs, We feel deeply sorry that the 200 tea sets under the above S/C by S/S Great Wall arrived at Port Amsterdam on July 8 with 20% of the packages damaged as mentioned in your letter of Octo

31、ber 11, 2001. You may be aware that our tea sets have been sold in a number of markets abroad for quite a long time, and all our customers have been satisfied with our packing. Each shipment of our exports is strictly inspected by our shipping departments before loading, and each package is subject

32、to a careful examination. So we think that the goods were in perfect condition when they were shipped, and individual packages were clearly marked with Handle With Care, Fragile and other necessary care marks. The clean B/L supports these facts.第23頁，共44頁。 After going into the matter carefully, we es

33、timate that damage might be due to rough handling in transportation or during loading and unloading. We consider it a matter for you to take up with the shipping company or the insurers who have covered you on the said consignment against Risk of Breakage. The responsibility should rest with either

34、of the parties concerned. Consequently, we find no ground to compensate you for the loss. Yours faithfully, 第24頁，共44頁。Letter 7：Claim for short weightDear Sirs,Re: Our Order No. 234 for 10 M/T Chemical Fertilizer We have just received the Survey Report from Shanghai Commodity Inspection Bureau eviden

35、cing that the captioned goods unloaded here yesterday was shortweight 1120kg. 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 SCIBs Survey Report, we hereby register a claim with you fo

36、r GBP270.00 in all. We are enclosing the Survey Report No.(98)607 and look forward to settlement at an early date. Yours faithfully,第25頁，共44頁。Letter 8：The settlement of the claim for short weightDear Sirs,Re: Your Claim No.145 With reference to your claim No.145 for a short weight of 1120kg chemical

37、 fertilizer, we wish to express our much regret over the unfortunate incident. After a check-up by our staff, it was found that 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. In v

38、iew of our long-standing business relations, we will make payment by check for GBP270.00, 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. Your

39、s faithfully,第26頁，共44頁。Letter 9：Arbitration awardDear Sirs, We are pleased to see that, regarding our disputes under Contract No.0471, both of us are satisfied with the fair and reasonable arbitration award which was rendered by the Foreign Economic and Trade Arbitration Commission of CCPIT after th

40、ey had thoroughly examined every aspect of this case. The award is being carried out by both sides. What pleases us most is that our friendly relationship has not been harmed by these disputes which had to be resolved by arbitration. On the other hand, this case has deepened the mutual understanding

41、 and confidence between us. We highly appreciate your cooperation and expect further development of business between us. Yours faithfully,第27頁，共44頁。14.4 Focal Words（焦點(diǎn)詞匯）claimn. 索賠，賠償要求claim for表示索賠原因，索賠的金額claim for damage，claim for USD10 000claim on表示對(duì)某批貨物索賠claim on the goodsclaim against表示向某人索賠cla

42、im against the underwriters第28頁，共44頁。表示“提出”索賠的常用動(dòng)詞：lodge，file，raise和put in。此外，還可用make，issue，register，render，enter，set up等lodge a claim against（with/ on/ upon）sb. for sth.為某事向某人提出索賠We shall lodge a claim against the insurance company for the goods damaged during transit.accept a claim 同意索賠entertain a

43、 claim 受理索賠reject a claim 拒絕索賠settle a claim 解決索賠waive a claim 放棄索賠withdraw a clam 撤回索賠第29頁，共44頁。vt. 索賠，要求賠償to claim USD50 000.00to claim USD50 000.00 for damageto claim USD50 000.00 on the goodsto claim USD50 000.00 from the underwritersWe should claim USD2 500.00 from you for the loss caused by im

44、proper packing.第30頁，共44頁。compensatevt. 補(bǔ)償，賠償The success will compensate you for your efforts. You should compensate us for the loss caused by the late delivery. compensation n. 補(bǔ)償，補(bǔ)償，報(bào)酬You will get compensation for what you have done. The buyer claimed a compensation for USD1 200 for the damage.第31頁

45、，共44頁。claim compensation from sb. for sth. 就某事向某人要求索賠We reserve the right to claim compensation from you for any damage. What compensation can you offer for my work per week? compensation trade補(bǔ)償貿(mào)易full compensation全額賠償?shù)?2頁，共44頁。complainvi. 訴苦，申訴，抱怨complain to sb. of /about sth.（因某事而向某人表示不滿）The buyer

46、s complained to the seller of the excessive moisture contained in the minerals.The buyers complained about the excessive moisture of the minerals.The buyers complained that the minerals contain too much plaint n. 抱怨，申訴，投訴We have noted your complaint and will do our best to avoid a repetition. 第33頁，共

47、44頁。make（lodge / file / lay）a complaint against sb. for sth.（因某事而向某人表示抱怨） This being the case, we have to lodge a complaint against you for the inferior quality. complaint n. 抱怨者，控告者，投訴者第34頁，共44頁。settlevt. 解決；清償，結(jié)算Any dispute that may arise from under this contract shall be settled by arbitration. W

48、e will ask the Bank of China to help us settle payment. Please settle this long outstanding account without further delay. We are requested to settle your account within one week.settlement n. 解決，清償，理賠We hope we can reach an amicable settlement before long. For a settlement of our account of USD300,

49、 please send us your cheque. settlement of disputes 解決爭端settlement options 索賠選擇權(quán)第35頁，共44頁。arbitratevi. & vt. 仲裁，公斷，裁決Both sides agreed to arbitrate.The two parties hereby agree to arbitrate their disputes if any.arbitration n. 仲裁This is the maximum concession we can afford. Should you not agree to a

50、ccept our proposal, we would like to settle by arbitration.When no settlement can be reached through negotiations, the disputes shall be submitted for arbitration.第36頁，共44頁。arbitration clause仲裁條款arbitration award仲裁裁決arbitration application仲裁申請(qǐng)arbitration procedure仲裁程序arbitrator n. 仲裁員，仲裁人第37頁，共44頁。r

51、efundvt. 歸還，償還refund the excess on a taxrefund the goods to the sellern. 歸還額，償還額obtain a refund of a depositThe shipping company will give you a refund of freight if the goods are lost. refundable adj. 可歸還的，可償還的The bid bond is refundable to those bidders who are not the winner. refundment n. 歸還，償還，退

52、款第38頁，共44頁。14.5 Useful Phrases and Sentences（實(shí)用語句）1. 關(guān)于申訴/抱怨的用語to make a complaint against a personto complain of something to a personto have a complaint onto receive a complaint onto repeat complaints aboutto report a complaints onto have a cause for complaintto have no complaint to maketo have so

53、mething to complain of to a personto acknowledge an errorto correct an error第39頁，共44頁。2.關(guān)于索賠的用語 claim for indemnity to have a claim on to send in/ to enter/ to put in ones claim for compensation to lodge/ to file ones claim with a person for/ to submit ones claim to a person/ to place ones claim before a person to lay claim to to enter a claim forwith/ to file a claim forwith/ to put in a claim forwith to satisfy ones claims to accept/ to meet / to entertain ones claim to avoid/ to obviate a claim to withdraw/ to waive/ to abandon a claim第