Unit 15 Claim 索赔
1. Please give our claim your favorable consideration.
2. Please examine the matter and send us the goods to meet the shortage as soon as possible.
3. As regards inferior quality of your goods, we claim a compensa- tion of U.S.$10,000.
4. We shall lodge a claim for all the losses incurred as a consequence of your failure to ship our order in time.
5. Any complaint about the quality of the products should be lodged within 15 days after their arrival.
6. Our customers are complaining of the inferior quality of our products.
7. This seems to be a very clear case and we hope you will see your way to make a prompt settlement.
8. We regret that your claim on shortage cannot be accepted.
9. Our investigation shows that improper packing caused damage. Therefore we have to refer this matter to you.
10. As the goods are inferior in quality, we are returning the whole of the 20 cases and must ask you to replace them.
11. We very much regret the mistake in article number, which resulted in your receiving the wrong goods.
12. The goods we’ve received do not tally with the sample on which we ordered.
13. In view of the long business relations between us, we wish to meet you half way to settle the claim.
14. We hope this unfortunate incident will not affect the relationship between us.
15. Apparently, the shortage is due to omission in packing.
16. In view of our friendly business relations, we are prepared to meet your claim for the 25 tons shortage weight.
17. We are sorry that the quality of our goods did not turn out to your satisfaction.
18. We can assure you that such a thing will not happen again in future deliveries.
19. Enclosed is the surveyor’s report on the three damaged cases.
20. Here’s a survey report by a well-known lab in Houston, whose testimony is absolutely reliable.
W: Hello, Mr. Brown, how are you? It is nice to see you again.
B: How are you, Mrs. Wang. It certainly is a pleasure to see you again here. I hope you had an enjoyable trip from London.
W: The flight was really long, but it was comfortable so I do not feel very tired.
B: I am glad that you had a pleasant trip. I hope you are comfortably settled and find things at the hotel satisfactory.
W: Everything is perfect, thank you. Well, now, Mr. Brown, if you don’t mind, I’ll get to the point.
B: Okay. You want to take up the subject of the arbutus, don’t you?
W: That’s right. You see, Mr. Brown, you have probably been ad- vised of the serious damage done to the last consignment of 60 cases of arbutus. Upon its arrival in London on board the S.S. Cornea, it was found, much to our regret, that about 50% of the cases were leaking. Closer inspection by the Health Officers showed that the contents were considered unfit for human consumption.
— 王小姐，你好。很荣幸在这里又见到你。希望你从伦敦来一路 旅途愉快。
— 谢谢你，一切都很好。噢，布朗先生，要是你不介意的话，现在咱 们就开始谈谈业务吧。
— 对。布朗先生，也许你已经知道最后一批60箱的杨梅严重损坏的 情况。 “柯娜”轮一到达伦敦的时候，我们就遗憾地发现其中有一 半左右的箱子渗漏。经卫生检疫局官员仔细检查，认为 内装食品 不可供人们食用。
B: Just a minute, if you please, Mrs.Wang. Have your people in London discovered what were the exact causes of the leakage? It was rather a singular case, for thousands of tons of this product have been exported and this seems to be the only case of ashipment being damaged en route.
W: I am sorry I have to say it was not en route. It was definitely damaged prior to loading onto the S.S. Cornea. You may think it a singular case, yet the fact remains that this has made itnecessary for us to file a claim on you. Here, Mr. Brown, I have brought along with me the certificate issued by the London Health Office. It speaks for itself. As to the causes, closer inspection and examination by our cargo-handling people revealed that theleakage of juice was brought about damaged tins. They wereevidently broken through careless handling while being loaded onto the ship’s hold in Sydney dock.
B: As I have said before, the whole business is most unfortunate. We have never come across such a case of damage during loading.
— 王小姐，请稍等。请问伦敦的人有没有发现渗漏的确切原因？这件 事还只这么一次，我们已经出口好几千吨了，在中途损坏还是头一 回。
— 很抱歉，我得说明，损坏不是在运输途中发生的。很明显, 损坏是 在装上 “柯娜”轮号前发生的。你可能认为这事是头一回，可事实 不得不让我们向你们提出索赔。布朗先生，这儿是伦敦卫生检疫局 官员签发的证书，上面写得一清二楚。至于原因，我们经办装卸的 人仔细检查，结果发现果汁渗漏的原因是锡罐被损坏了。很明显是 在悉尼码头装船时，因搬运疏忽大意而造成锡罐受损的。
— 我刚才讲过，整件事实在是很不幸。我们从未遇到过罐头在装船时 发生这样的损坏。
W: I have to remind you that our terms are C.I.F. port of London. While we have full confidence in your Commodities Inspection Bureau, this is a case that occurred after their sampling and analy- sis at the factory. And the broken tins through careless handling and deterioration of the contents en route brought about this state of affairs. Now, Mr. Brown, you are well aware that our business has just started this branch of activities and the loses thus sustained will be a blow to this department. I am sure you will think it fair on our part when we suggest that the total value of the parcel should be reduced by 50% and that you should give us an allowance by way of credit for the amount to be set against our future purchases of canned fruits from you.
B: To be fair to your company, I am directed by my Sydney branch to settle this issue with you amicably on the condition that you give us a certificate issued by your Health Department. Now that this is available, I think everything will be in order.
W: I am so glad to hear of your ready agreement. Your fairness in business dealing is unsurpassed. Shall we send you a letter confirming this?
B: As soon as you send us a letter confirming this conversation, we’ll send you a reply immediately.
W: Thanks ever so much for your cooperation, Mr. Brown. Goodbye.
— 我不得不提醒你，我们的条款是伦敦到岸价。虽然我们很信赖你们 的商品检验局，可是损坏是在工厂抽样化验之后发生的，是由于搬 运不慎而锡罐破裂，中途食品变质所造成的。布朗先生，你很清楚 我们才开始经营这项业务，蒙受的损失将对业务部门是一个打击。 我们建议这批货从总价中削减百分之五十，并给予我们补贴，这款 项就用于将来向你们订购罐头水果时冲销，我相信你认为这样对我 们才是公平的。
— 悉尼分公司派我来和你们公平友好地解决这件事，前提条件就是把 你们卫生部签发的证书给我们。现在证书已经有了，我想事情都会 解决的。
— 听到你这么痛快地同意了，我很高兴。办理业务这么公平，真是无 法比啊。我们将寄信让你们确认好吗?
W: Mr. Brown, I’d like to talk with you about something that is getting to be a problem. I’d like, if possible, to see it settled at this meeting.
B: What is it, Mrs. Wang?
W: It’s about the quality of 300 cartons of dried mushrooms. They reached us two weeks ago, and were immediately examined after they arrived. To our astonishment, about 20% of them were moldy and in many cartons there were even small brownish bugs crawling in and out of the half- eaten mushrooms. We can’t accept them in this state. They are unfit for human consumption. And the Medical Officer of Health has issued a ?Stop Notice?on them.
B: Is that so? So far we haven’t had any complaint of this kind. Our mush- rooms have enjoyed a good reputation for their superior quality for years. We are really at a loss to understand why your lot was found moldy and worm-eaten. Have you any evidence?
W: Certainly. Here’s a survey report by a well-known lab in London, whose testimony is absolutely reliable.
— 布朗先生，我想和你谈谈快要发生的一件比较麻烦的事情。如果可 以的话，我想在这次会议上解决。
— 是关于300箱干蘑菇的质量问题。两周前到的货，我们当即进行了 检查。令我们惊奇的是，大约20％的干蘑菇已发霉，甚至在许多箱 内有褐色小甲虫爬出爬进，有一半蘑菇已被吃掉。这样的货物我们 是不能接受的。它们不宜被人们食用。医药卫生官员对这些货物发 出了 “停售通知”。
— 有这么一回事？我们还从未收到过这样的抱怨呢。多年来，我们 的蘑菇因质量好而享有盛誉。这真叫我们难于理解，给你们的那批 货怎么发霉了，甚至被虫咬了。你有什么证据吗？
— 当然有。这是伦敦一家有名的实验室的检验报告，他们的证词绝对 可靠。
B: Though everything may be as you say, there are many factors involved. What’s more, your surveyors have not mentioned any cause for the damage.
W: The mushrooms were packed in small one pound plastic bags, sixty of these bags to a carton. It is stated on the surveyor?s report that external conditions of goods at the time of survey are all sound and intact. So it is obvious the cause of the damage is that the mushrooms were not completely dried before packing.
B: As you know, before shipment, the Commodity InspectionBureau inspected the goods in question. They concluded that the goods were well dehydrated from fresh and choice material and up to standard for export.
W: I think the Inspection Bureau at your end, when effecting inspection, only selected a few package at random — these hap- pened to be up to the standard. The part that was not dried properly, most probably, escaped their attention. As the amount in question is only 20% of the whole shipment, I think it is only reasonable that you should compensate us for the loss.
— 虽然事情可能象你所说的那样，但它牵涉到很多因素。况且，你方 检验员并没有提及造成损坏的任何原因。
— 蘑菇每磅装一小塑料袋，每60袋装进一只木箱。检验员的报告中说，检验时货物的外包装都是完好无缺的。所以很明显，造成损坏 的原因是蘑菇在包装前没有彻底干透。
— 如你所知，这批货在装船前由商品检验局检验过。他们的结论 是，此货已很好地除去了水分，品质上等，达到出口的标准。
— 我想你方商检局进行检验时，只随意地挑了几包，而这几包又 恰巧达到了标准。而没达到干燥程度的那部份可能就没被他们注 意到。由于波及到的数量只是整批货的20％，我想你方应该赔偿我们的损失才算合理。
B: The inspection certificate, which is based on a random selection of 20% of the consignment as we’ve agreed on beforehand, is considered final and binding upon both parties. We do not accept any claims for compensation for loss incurred in transit, because you bought the goods F.O.B. Houston and on shipping quality, not on landed quality. Your claim, in our opinion, should be re- ferred to the insurance company, as the mishap occurred after shipment.
W: We’ve already got in touch with the underwriter. But they have refused to accept any liability. They attributed the accident to the effects of dampness during the long sea voyage.
B: That’s a matter over which we could exercise no control, then. I’m afraid I have to insist that you approach the insurance company for settlement, that is, if you have covered this risk in your coverage.
W: To my regret, we failed to cover contamination. This is an unfortu- nate oversight on our part and a lesson to us.
B: Otherwise the insurance company would no doubt have enter- tained your case.
W: Well, live and learn. It seems we’ll have to waive the claim.
— 我们事前已有协议，任意抽取整批货的20％进行检验，其检验证明 最终对双方都具有约束力。因为你买的这批货是休斯顿港船上交货 价，以装船质量而不是以到岸质量为准，任何运输途中产生的损失 要求赔偿，我们都不予接受。我们认为，你们应该要求保险公司索 赔，因为损失发生在装船后。
— 我们已联系过保险商，但他们拒绝承担任何责任。他们将此事故归 咎于长途海运中受潮的结果。
— 那种事我们可控制不了。我们恐怕还得坚持这一点，就是你们联系 保险公司要求解决，如果你们投保了这个险的话。
— 遗憾的是，我们没有投保 “污染险”。不幸这是我方的疏忽，也是 一个教训。
Words and Expressions
in the amount of
1. the goods in question
2. final and binding upon both parties
3. Your claim should be referred to the insurance company.
5. sound and intact
6. select at random
7. arrive in ……condition
8. prior to
在前，居前 （to 是介词）
It is important that you time the shipment to arrive here prior to the expiration of the import license.
A Specimen Letter
As a result of faxes exchanged between us, we are pleased to inform you that we have reached an arrangement regarding your claim on shipment per the S.S. Peace for late delivery.
We have advised you this morning by fax of our appreciation that this matter has now been settled. Enclosed please find our check in the amount of U.S.$56,000 in final and complete settlement of this claim.
It is our hope to express again our satisfaction that this mishap has been amicably settled and look forward to promoting our business relationship with your corporation.
Substitution Drills1 A: Five caseswere found broken and the units inside seriously damaged.
arrived in a badly damaged condition.
out of the whole lot were found soiled.
释文B: Really! That’s something unexpected.
2 A: The goods were in perfect condition when they left here.
B: According to our survey report,the damage was caused by poor packaging.
the goods were carelessly packed.
3 A: According to our survey report,poor packaging caused the damage.
the quality deterioration ocurred in transit.
the breakage took place during transit.
B: That could have happened in transit due to rough handling.
high humidity and temperature.
由于 搬运粗糙 很可能在运输途中发生了这样的问题。
潮湿和高温装载方式不当4 A: Please look into the matter and have the case settled immediately.
Please see your way to make a prompt settlement of the case.
Please do your best to bring the case to a satisfactory close.
B: We’ll check it up with the parties concerned right away.
get in touch with the shipping company and see what can be done.
take the matter up with the underwriters and give you the result as soon as possible.
5 A: Our exports have to pass a rigid inspection before they are shipped. Our Inspection Bureau won’t let go anything defective.
B: As much as I respect your Inspection Bureau,it’s obvious that the fruits are no longer suitable for consumption.
one has to admit that the goods are quite useless now.
it’s clear the goods are unfit for our purpose.
6 A: Our surveyors stated that it was the inferior material used that caused the quality deterioration.
improper packing that caused the damage. carelessness on the part of the manufacturers that caused the shortage.
B: In a case like this, one cannot rule out other possibilities.
7 A:We have no alternative but to lodge a claim with you. to file against you a claim for $5,000.
to make a claim with you for a compensation of $3,000. B:We’ll certainly consider a claim, if there’s sufficient evidence. We’ll entertain a claim if it is supported by adequate documents. We would accept a claim if we were at fault.
8 A: What are you going to do about this?
B: We’ll send you correct products to replace the wrong ones.
new products to replace the damaged ones.
quality products to replace the imperfect ones.