Unit12Claims&Settlement.ppt

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,Unit TwelveClaims and Settlement,Business Focus,1.Breach of Contract,Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract.,1.1 A seller may breach a contract for:,Delay or failure in delivery,Inferior quality,Damaged goods,Wrong dispatch,Short-weight,Charges and interests,Incomplete or inadequate shipping documents,1.2 A buyer may breach a contract where,He wrongly refuses to accept the goods;,Under an L/C,he fails to open the relevant L/C according to the stipulated period.,1.3 Both parties may take responsibility for breaching a contract when,They misunderstand the clauses that are not clearly;,They both breach the contract.,2.Claim and settlement,Claim,refers to the claim for losses.In the course of executing a contract,if one party fails to perform the contract and thus bring economic loss to another party,the latter may ask the former for compensation according to the contract stipulations.,Settlement,(,acceptance of claim,)refers to the settlement of the party who is responsible for the claim mentioned by the party suffering loss.,Claim must be lodged within the term of validity stipulated in the contract.If it is overdue,you are not entitled to do so.,With regard to claim and settlement,all parties concerned should have amicable,practical and realistic attitude.,3.Force Majeure,Force majeure clause is exempting clause which stipulates that a party under a foreign trade contract is exempted for non-fulfillment of his obligations totally or partially as a result of conditions beyond his control,such as earthquake,flood or war,etc.,4.Arbitration,Arbitration is a means of settling a dispute between two parties through the medium of a third party who is not partial to either of the parties to the dispute,and whose decision(,arbitral award,)on the dispute is final and binding.,Advantages of arbitration,The parties can choose the arbitrators who are acquainted with the technical or social setting of the dispute.,It is less time-consuming in settling the dispute through arbitration.,The procedure of arbitration is more informal than that in court.,The cost is cheaper.,Privacy can be maintained.,1.When raising a claim:,Begin by regretting the need to complain;,Mention the date of the order,the date of delivery and the goods complained about;,State your reasons for being dissatisfied and ask for an explanation;,Suggest how the matter should be put right.,Language Focus,2.When dealing with a claim:,The first thing is to decide whether the claim is justified;,If so,then you have to admit it readily,express your regret and promise to put matters right.If you cannot deal with a claim promptly,acknowledge it at once,and explain that you are looking into it and that you will send a full reply later;,If the claim is not justified,point this out politely and in an agreeable manner.It would be a wrong policy to refuse the claim offhand.,All claims should be treated as serious matters and thoroughly investigated;,There is no need for the sellers to go into a long story of how the mistake was made;instead,a short explanation may be useful.,We have just received the,Survey Report,from the Shanghai Commodity Inspection Bureau,evidencing,the short weight of 1540,lbs,.A thorough examination showed that the,broken bags,were due to,improper packing,for which the suppliers should be definitely responsible.,Specimen Letter:A Claim for Short-weight,On the basis of the SCIBs Survey Report,we hereby,register our claim with you,as follows:,For,short delivered quantity Stg.357.00,Plus,survey charges,Stg.25.00,Total amount of claimStg.382.00,Survey Report No.SH(75)735 is herewith enclosed and we look forward to your,settlement,at an early date.,Words&Expressions,Raise/file/lodge/register a claim,索赔,claim for damage,原因,claim for US$1000,金额,claim on the goods,货物,claim,with/,against the underwriter,理赔方,Settle the claim,理赔,settlement,Evidence,证明,Broken bags,破包,Sound bags,原包,Improper packing,包装不当,The End,