评论
打印
Brief Introduction
在执行合同的过程中，签约双方都应该严格履行合同义务。任何一方如果不能严格履行，就会给另一方带来麻烦。在这种情况下，受损失的一方有权根据合同规定要求责任方赔偿损失或采取其他补救措施。受损失的一方采取的这种行动称之为“索赔”，而责任方就受损失一方提出的要求进行处理，叫做“理赔”。
在业务中常见的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、货物的品质规格与合同不符、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。但是在某些情况下，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。
相关专题:
Basic Expressions
1. Please give our claim your favorable consideration.
请合理考虑我们的索赔要求。
2. Please examine the matter and send us the goods to meet the shortage as soon as possible.
请调查此事，并尽快将货物发给我们以弥补数量的不足。
3. As regards inferior quality of your goods, we claim a compensa- tion of U.S.$10,000.
至于你方产品的品质低劣问题，我方要求你方赔偿一万美元。
4. We shall lodge a claim for all the losses incurred as a consequence of your failure to ship our order in time.
由于你方未能及时交货，我方将向你方提出由此而遭受的全部损失的索赔。
5. Any complaint about the quality of the products should be lodged within 15 days after their arrival.
任何有关该产品质量问题的申诉应该在货物到达后的十五天内提出。
6. Our customers are complaining of the inferior quality of our products.
我们的客户投诉我们的产品质量低劣。
7. This seems to be a very clear case and we hope you will see your way to make a prompt settlement.
看来情况已十分清楚，我们希望你能设法尽快解决问题。
8. We regret that your claim on shortage cannot be accepted.
很遗憾，我们无法接受你方关于货物短装的索赔。
9. Our investigation shows that improper packing caused damage. Therefore we have to refer this matter to you.
我方检验证明，货物受损是由于包装不当而造成的。因此，我们不 得不将此事提交你处解决。
10. As the goods are inferior in quality, we are returning the whole of the 20 cases and must ask you to replace them.
由于这些产品质量低劣，所以我方把20箱全部退回，并务必请贵方 更换这些产品。
11. We very much regret the mistake in article number, which resulted in your receiving the wrong goods.
因货号有误，致使到货错误。对此，我们深表歉意。
12. The goods we’ve received do not tally with the sample on which we ordered.
我们收到的货物与订货样品不符。
13. In view of the long business relations between us, we wish to meet you half way to settle the claim.
考虑到我们之间长期的业务关系，我们愿意各让一半解决这项索赔。
14. We hope this unfortunate incident will not affect the relationship between us.
我们希望这一不幸事件将不会影响到我们双方之间的关系。
15. Apparently, the shortage is due to omission in packing.
很明显，货物短缺系包装遗漏所致。
16. In view of our friendly business relations, we are prepared to meet your claim for the 25 tons shortage weight.
考虑到我们之间的业务关系，我们准备接受25吨短装的索赔。
17. We are sorry that the quality of our goods did not turn out to your satisfaction.
我们很抱歉你们不满意我们货物的质量。
18. We can assure you that such a thing will not happen again in future deliveries.
我们保证在以后的交货中不会出现类似的事件。
19. Enclosed is the surveyor’s report on the three damaged cases.
内附有鉴定人对这破损的三箱货物的鉴定报告。
20. Here’s a survey report by a well-known lab in Houston, whose testimony is absolutely reliable.
这是由休斯顿的一个著名实验室提供的一份检验报告，证据绝对可靠。
Conversations
Dialogue 1
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.
-- 布朗先生，你好。很高兴再次见到你。
-- 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。
-- 飞行时间虽长，但客机非常舒适，所以也不觉得很累。
-- 我很高兴你旅途愉快。希望你住得舒适，旅馆设备都还觉得满意。
-- 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。
-- 好，你想谈谈杨梅的事，对不对？
-- 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 a
shipment 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 it
necessary 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 the
leakage of juice was brought about damaged tins. They were
evidently 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.
B: 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?
-- 我们一旦收到你们的信确认此次谈话，就会立即回复。
-- 万分感谢你的合作。布朗先生，再会。
-- 再见。
Dialogue 2
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。
-- 王小姐，是什么事?
