新编外经贸英语函电与谈判课件Unit09市公开课一等奖百校联赛特等奖课件.pptx

Unit NineClaims and Arbitrations 第1页Correspondence InRe:Claim on TeanWe are holders of Policy No.54321 issued by your agents on 1,000 cases of tea valued at Stg.25,500.The ship encountered heavy weather,and 252 cases were damaged by sea water.We are enclosing the certificate of survey,also the Policy,which is against F.P.A.nYour prompt attention is appreciated.第2页nWe are holders of Policy No.54321 issued by your agents on 1,000 cases of tea valued at Stg.25,500.n我企业为第54321号保单持有者。该保单1000箱价值25，500英镑茶叶，由贵方代理商签发。nThe ship encountered heavy weather,and 252 cases were damaged by sea water.n货船碰到了恶劣天气，252箱茶叶被海水损坏。nWe are enclosing the certificate of survey,also the Policy,which is against F.P.A.n现随函附上检验汇报及保平安险保单各一份。nYour prompt attention is appreciated.n贵方如能快速办理，将不胜感激。第3页n Correspondence IInRe:Claim on Table Clothesnper S.S.“Taching”nUnder Policy No.SH/ZX 10897nWe sent you a preliminary notice of the captioned claim on August 17,and hereby file a detailed claim for$1,700.00nPlease acknowledge receipt of this letter and settle the claim as soon as possible.nSincerely,nEncls.:Statement of Claimn Certificate of Insurancen Invoicen Survey Reportn Packing Listn Letter of Carrier(Copy)第4页nRe:Claim on Table Clothes nper S.S.“Taching”nUnder Policy No.SH/ZX 10897n事由：相关（对）第SH/ZX10897号保单项下由“Taching”号轮运输台布索赔nWe sent you a preliminary notice of the captioned claim on August 17,and hereby file a detailed claim for$1,700.00n我方已于8月17日向贵方寄去一份标题所表示索赔初步通知，现提出价值1700美元详细索赔。第5页n nfile(lodge)a claim with(against)sb.file(lodge)a claim with(against)sb.向某人提出向某人提出向某人提出向某人提出索赔索赔索赔索赔nWe need a few facts about the claim you recently filed with us.n关于贵方最近向我方提出索赔，请提供一些情况。nThis fault of yours caused our clients to file complaints against us.n贵方这一错误已引发我方客户向我方提出责难。第6页nPlease acknowledge receipt of this letter and settle the claim as soon as possible.n收到此函时，请通知我方并尽快办理索赔事宜。第7页nacknowledge v.通知收到nPlease acknowledge this cheque as soon as you receive it.n收到该支票后，请马上通知。nWe send you by separate mail a copy of Certificate of Quality No.123,please acknowledge receipt.n现另邮寄去第123号品质证实书副本一份，请确认收到。第8页nEncls.:n附件：n Statement of Claimn 索赔说明书n Certificate of Insurancen 保险证书n Invoicen 发票n Survey Reportn 调查汇报n Packing Listn 包装单n Letter of Carrier(Copy)n 承运人信函（副本）第9页nSTATEMENT OF CLAIMn索赔说明书nVessel:Tachingn船名：nVoyage:Shanghai/New Yorkn运输路线：上海至纽约nDate of Arrival:August 15,n抵达日期：8月15日nShipper:China Ocean Shipping Companyn承运人：中国远洋运输企业第10页nCommodity:150 cartons of Table Clothsn品名：150箱台布nInvoice:SH-251,valued at$25,000.00n发票：SH251号，价值25，000美元nInsurance Certificate:SH/ZX 10897,covering All Risksn保险证书：SH/ZX10897号，投保综合险nInsurance Amount:$30,677.00n投保金额：3，0677美元nNature of Claim:Sea Water Damage,Nondeliveryn索赔原因：海水损坏，不能交货第11页n(3)nDear:nRe:Claim on Sewing MachinesnThe captioned goods you shipped per S.S.“Yellow River”on May 14 arrived here yesterday.nOn examination,we have found that many of the sewing machines are severely damaged,though the cases themselves show no trace of damage.nConsidering this damage was due to the rough handling by the steamship company,we claimed on them for recovery of the loss;but an investigation made by the surveyor has revealed the fact that the damage is attributable to improper packing.For further particulars,we refer you to the surveyors report enclosed.nWe are therefore,compelled to claim on you to compensate us for the loss,$27,500,which we have sustained by the damage to the goods.nWe trust that you will be kind enough to accept this claim and deduct the sum claimed the amount of you next invoice to us.nSincerely,第12页nThe captioned goods you shipped per S.S.“Yellow River”on May 14 arrived here yesterday.n贵方5月14日经过“黄河”号轮运输标题所表示货物于昨日抵达当地。第13页nOn examination,we have found that many of the sewing machines are severely damaged,though the cases themselves show no trace of damage.n在检验时，我方发觉许多缝纫机损坏严重，可是货箱本身没有损坏痕迹。第14页nConsidering this damage was due to the rough handling by the steamship company,we claimed on them for recovery of the loss;n考虑到损坏是因为船运企业横蛮装卸所致，所认为了赔偿损失，我方向船运企业提出索赔；n but an investigation made by the surveyor has revealed the fact that the damage is attributable to improper packing.n但一份由检验人出具调查汇报揭示了这么事实，即损坏是因为不恰当包装所致。nFor further particulars,we refer you to the surveyors report enclosed.n详情请见随函附上检验人汇报。第15页nclaim on向提出索赔nWe claimed on the shipping company for the recovery of the loss.n我方向船运企业提出了索赔以填补损失。nWould you please return the broken items so that we can claim from our insurance company.n请退回破损货物方便我方能向保险企业索赔。第16页nbe attributable to 因于nThe accident is attributable to the effects of the wet weather during the long sea voyage.n事故归咎于长久海洋航程中潮湿天气作用。第17页nrefer sb.to sth.请某人查阅某事nWe refer you to our letter of March 15.n请参阅我方3月15日去函。nWe refer you to your insurance company for recovery of this fee.n请与贵方保险企业商洽，要求赔偿这笔费用。第18页nWe are therefore,compelled to claim on you to compensate us for the loss,$27,500,which we have sustained by the damage to the goods.n所以，我方被迫向贵方提出索赔，来赔偿我方因为货物受损而遭受27500美元损失。第19页ncompensate sb.for sth.为赔偿某人nMany factories compensate their workers if they are hurt at work.n对工人工伤，许多工厂都抚恤赔偿。nThe insurance company will undertake to compensate you for the losses according to the risks covered.n保险企业将按照投保险别负责赔偿损失。第20页ncompensate for赔偿，赔偿nYour prices are slightly higher than we had expected but as the quality was also higher than we had expected,then the one thing compensates for the other.n贵方价格比我方预料要高一点，不过质量也比我方预料要好，所以失之一方由另一方得到赔偿。第21页nsustain v.遭受nWe demand a compensation for the loss we have thus sustained.n我方要求贵方赔偿我方由此而遭受损失。nThe sellers shall be fully responsible for the dead freight,demurrage and all other losses thus sustained.n对于空舱费、滞期费以及由此而遭受一切其它损失，卖方应完全负责n是指租船人向船东或租船经纪人在租船人所装载货物少于租约约定时支付赔偿金数额。空舱费通常按全运费率支付，但假如运输费包含装卸费，则要减去装卸费。n在租船协议中，当船舶装货或卸货延期超出装卸货时间时，由租船人向船东所支付约定款项。第22页nsustain v.证实，证实nOur products have long enjoyed a reputation for fine workmanship,and the present shipment will be found to sustain our claim.n我方产品工艺精良，久享盛誉，这批到货即可证实我方所言正确。第23页nWe trust that you will be kind enough to accept this claim and deduct the sum claimed from the amount of you next invoice to us.n我方相信贵方会接收这一索赔并把索赔款项从贵方下次寄来发票金额中扣除。第24页ndeductfrom(an amount)从中扣除nIn your copy invoice No.100 to our customers,we notice that you have deducted our commission of 3%from the value of the shipment.n从贵方给我方客户100号发票副本中，得知贵方已将我方佣金3%自货价中扣除。第25页n(4)nDear:nWe have received your letter of 15th July,informing us that the sewing machines we shipped to you arrived damaged on account of imperfectness of our packing.nUpon receipt of your letter,we have given this matter our immediate attention.We have studied your surveyors report very carefully.nWe are convinced that the present damage was due to extraordinary circumstances under which they are transported to you.We are therefore not responsible for the damage;but as we do not think that it would be fair to have you bear the loss alone,we suggest that the loss be divided between both of us,to which we hope you will agree.nSincerely,第26页nWe have received your letter of 15th July,informing us that the sewing machines we shipped to you arrived damaged on account of imperfectness of our packing.n贵方7月15日来函已收到。从中得知我方运给贵方缝纫机抵达时已损坏，原因是因为我方包装不理想。第27页non account of 由于，因为nWe have to cancel the order on account of your failure to ship the goods within the specific time.n由于贵方未曾在规定时限内装货，我方不得不撤销定单。第28页nUpon receipt of your letter,we have given this matter our immediate attention.We have studied your surveyors report very carefully.n一收到此函，我方马上处理此事，仔细地研究了贵方检验人汇报。第29页nWe are convinced that the present damage was due to extraordinary circumstances under which they are transported to you.n我方确信当前这种损坏是因为货物在运往贵方途中所处异常环境所致。nWe are therefore not responsible for the damage;n所以，我方对此次损坏不负责任；n but as we do not think that it would be fair to have you bear the loss alone,we suggest that the loss be divided between both of us,to which we hope you will agree.n但因为我方认为单由贵方负担损失有失公平，提议损失由贵我双方平摊，希望贵方能够同意。第30页nbe convinced 相信nWe are convinced of the commercial integrity of the supplier.n我方相信该供给商商业信誉。nWe are convinced that we are offering you machines which cannot be obtained elsewhere at the price.n我方相信，我方现在报盘机器，从别处用一样价格是买不来。第31页nTake the letters as samples to analyze and illustrate the structure of letters on claim.n1.写明已经收到所订货物，并注明该货物是经过哪条船装运，于何时抵达。n2.写明索赔原因。n3.提出索赔要求，希望对方能够接收。第32页nSentence PatternsnI.Make complaintsn1.to make(lodge,lay,file)a complaint with a department about sth.因某事向某部门埋怨nThe customers made complaints about the quality of the radios supplied by you.nThe importer has filed a complaint with our Corporation about poor packing of the goods.第33页n2.to complain to sb.of(about)sth.向某人埋怨nWe have to complain to you about the delay in shipment which has caused us much trouble.nThe buyers complain to the sellers of the breakage of the goods.n3.to be of the quality是质量nWe regret to complain that your consignment of cotton piece goods shipped by M.V.“Taching”is not of the quality and color of the sample piece.第34页n4.to be not up to达不到nWe are sorry to learn that the quality of your shipment is not up to the agreed specifications.nYour goods are not up to the standards commonly accepted.n5.to correspond with(to be in conformity with)与一致nOn examination we find that the consignment does not correspond with the original example.第35页n6.to be short by短少nOn opening the container we found that the goods were short by 20 cases and we hope you will do your utmost to remedy it.n7.to be(found)short weight by短重nYour shipment of our Order No.630 has been found short weight by 220 kilos.n8.to findmissing发觉丢失nMuch to our regret,after inspection of the consignment we found Art.No.A63 missing.第36页n9.to be damaged被损坏nOn opening the cases we found that 25 sets of video recorders had been damaged by sea-water,and seem to be a complete write-off（报废）.第37页nII.Lodging claims1.to lodge(file,make,raise,submit,register,put forward,place)a claim提出索赔nWe have to lodge a claim against you on this shipment for$2,100 on account of short weight.nOn the basis of the Survey Report from the Commodity Inspection Bureau,we hereby register our claim with you against this cargo in respect of quality.nClaim for perishable goods（易损、易腐物品）are to be put forward immediately after arrival of the goods at destination.第38页n2.to claimfor为提出索赔nWe cannot but claim on you for the recovery of the loss.nWe reserve the right to claim compensation from you for any damage.n3.to ask sb.to ship(dispatch)replacement(or:to ask for replacement)要求某人发运或更换货物nAs you see in our survey report stating 50 TV sets severely damaged,we ask you to ship the replacement for the broken goods as soon as possible.nWe ask for replacement by the correct number in the nearest future.第39页n4.to ask for(demand)compensation要求赔偿nIn order to settle the problem,we ask for compensation for the loss we suffered.nWe have to demand a compensation from you for the sum indicated above.第40页nIII.Acceptance of claimsn1.to accept(entertain)a claim接收索赔nWe are sorry to learn of your complaints about the quality of the goods and are prepared to accept your claim.n2.in settlement of处理nOn 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 replacement goods to be dispatched to you at once in settlement of your claim.nThough we find no difference between the shipping sample and the original sample in our hands,we will meet you half way by offering a discount of 10%in settlement of the dispute.第41页3.to be liable for 对负责nAccording to the contract stipulations,we are not liable for the damage.But in view of our long business relation with you,we agree to the extra 2%discount on this occasion.第42页nIV.Rejection of claimsn1.to be without foundation没有依据nWe regret we cannot entertain your claim,which is without any foundation.n2.to refer sth.to sb.提交某人处理某事nAs the goods have been insured,you may refer the matter to the insurance company or their agents at your end.nAs the shipping company is liable for the damage,your claim,in our opinion,should be referred to them for settlement.第43页n3.to repudiate ones liability for sth.拒绝对某事负责nWe must repudiate our liability for the claim on account of lack of evidence.n4.to be normal是正常nSuch color deviation existing between the products and the samples is normal and permissible,therefore,the claim for compensation is unacceptable.n5.to settle by arbitration经过仲裁来处理nThis is the maximum concession we can afford.Should you not agree to accept our proposal,we would like to settle by arbitration.第44页Contentsn1.Brief introductionn2.Claims and arbitrationsn3.Useful words&expressions n4.Basic Expressions5.Substitution Drills6.Writing strategies7.Practicen8.Summary 9.Assignment第45页1.Brief introductionnIn 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 a claim for compensation.Instead he writes a complaint to call the other partys 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.第46页1.Brief introductionn在执行协议过程中，签约双方都应该严格推行协议义务。任何一方假如不能严格推行，就会给另一方带来麻烦。在这种情况下，受损失一方有权依据协议要求要求责任方赔偿损失或采取其它补救办法。受损失一方采取这种行动称之为“索赔”，而责任方就受损失一方提出要求进行处理，叫做“理赔”。在业务中常见是买方向卖方提出索赔，如卖方拒不交货、逾期装运、数量短缺、货物品质规格与协议不符、错发错运、包装不妥、随船单证不全或漏填错发等致使买方遭受损失时，买方可向卖方提出索赔。不过在一些情况下，卖方也向买方提出索赔要求，如买方拒开或迟开信用证、不按时派船、无理毁约等致使卖方遭受损失时，卖方也会向买方提出索赔。第47页2.Claims and Arbitrationsn9.3.1 ClaimsnIn international trade,when the seller fails to deliver his goods,or the buyer fails to fulfill his payment obligation，or the two parties have different understandings,or one of the parties intentionally creates disputes,the party which sustains the loss will lodge a claim.When you make a claim to the other party,you must notice the object of claim including shipper,carrier and insurance company,and at the same time,you must notice the cause of claim,amount of claim and validity of claim.which are connected with many factors,such as,kinds of goods and characteristic of goods and so on.Claim must be accompanied by claim list,invoice,packing list,insurance policy,survey reports of recognized public surveyors agreed to by the sellers and so on.If both parties couldnt arrive at a concerted opinion and result in a dispute,they would settle their dispute by an appropriate approach.第48页2.Claims and Arbitrationsn9.3.2 ArbitrationsnSimilar to domestic trade,disputes are inevitable in international trade;there are a number of 4 alternative ways to settle a dispute in international transactions,including conciliation,mediation,arbitration,and litigation.In addition to amicable settlement and conciliation,arbitration is one of the several ways of settling an international trade dispute.It is a means of settling disputes between the two