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1、外贸函电,FOREIGN BUSINESS CORRESPONDENCE,Unit 14 Claim and Settlement 索赔与理赔,14.1 Introduction（简介）,目的：掌握在发生损失时，如何进行索赔和理赔信函的处理。,在合同的执行过程中，签约双方应该严格履行合同义务。任何一方如果不能履约就会给另一方带来麻烦，有时还会使另一方遭受经济损失。一旦发生这种情况，受损方有权根据合同规定要求责任方赔偿或是采取补救措施。受损方所采取的这种行动称之为“索赔”(Claim)；责任方就受损失一方提出的要求进行处理，叫做“理赔”(Settlement)。,索赔时，应根据事实和有关证明分清
2、责任，向责任方、轮船公司(Shipping Company)或保险公司(Insurance Company)提出索赔；理赔时，应根据事实和有关证明，该赔则赔，不该赔则拒绝赔偿。在国际贸易业务中，当因进口方拒开或迟开信用证、不按时派船或无理毁约而致使出口方遭受损失时，就会发生出口方向进口方索赔的情况。更为常见的情况是进口方向出口方提出索赔。例如，当进口方在收货时发现货物破损或者货物的质量不符合合同规定要求等问题时，进口方就会向出口方提出索赔。,在书写索赔及理赔信函时，应注意以下几点： 迅速及时。索赔必须在（合同规定的）索赔期限内提出，否则对方有权不予受理。理赔者对索赔期内提出的索赔要求，应予重视
3、，按照国际惯例迅速进行调查研究，弄清事实，并及时给予答复。 详细明确。索赔时往往会信函与电报、电传或传真并用。为争取时间，首先发出电报、电传或传真，明确提出要求，紧接着通过发送信函来详细申述理由以使对方信服，必要时或根据合同规定，附以有关证件（如检验证明等）来支持信函中提出的论点和要求。提出的要求或解决办法一定要明确，切忌含糊其词。 语气婉转。书写索赔信函时，说理要充分，信心要坚定，语气要客气婉转而不失礼貌。处理索赔事件时，要防止感情用事，避免情绪激动。激动的情绪非但无助于问题的解决，而且还会起反作用。,14.2 Writing Skills（写作技巧）,索赔信函的写作步骤及常见表达方式：,回
4、复索赔信函(索赔有理由情况下)的写作步骤 及常见表达方式：,回复索赔信函（索赔没有理由情况下）的写作步骤及常见表达方式：,如果未能对索赔进行及时、有效的处理，则应立即告知对方信已收到，并说明正在调查此事，以后会给出充分的答复。 回复此类索赔信函的写作步骤及常见表达方式：,14.3 Specimen Letters（样函）,Letter 1：Claim on wrong goods Dear Sirs, Re: Our Order No.123 We duly received the documents and took delivery of the goods on arrival of
5、s/s Prince at Hamburg. We thank you for your prompt execution of this order. Every thing appears to be correct and in good condition1 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 t
6、he contents of this case2 were for another order.,As we need the articles we ordered to complete deliveries to our own customers, we must ask you to arrange for the dispatch of replacements3 at once. We attach a list of the contents of case No.3, and shall be glad if you will check this with our Ord
7、er and your copy of your Invoice. In the meantime, we are holding the above-mentioned case at your disposal4, and please let us know what you wish us to do with it. Yours faithfully,Letter 2：A reply to the claim on wrong goods Dear Sirs, Re: Your Order No.123 per s/s Prince Thank you for your letter
8、 of November 11. We 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 into5 the matter we find that a mistake was indeed made in the packing, through a confusion of numbers6, and we have
9、 arranged for the right goods to be dispatched to you at once. Relative documents will be mailed as soon as they are ready.,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
10、agents of World Transport Ltd., our forwarding agents, whom we have instructed accordingly7. Please accept our apologies for the trouble caused to you by the error. Yours faithfully,Letter 3：Complaint for low quality Dear Sirs, The green beans under S/C No. AB046 dispatched on November 4, 2002 have
11、arrived 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 t
12、hink 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.,The inferior quality of these beans has caused considerable difficulty to us and it is hard for us to dispose of8 it, even at a rather low price
13、. We think we can reserve the right to lodge a claim against you for the loss we have suffered Yours faithfully,Letter 4：A reply to the above Dear Sirs, We are very surprised to learn from your letter of December 30th, 2002 that the green beans dispatched November 4, 2002 were below the standard sti
14、pulated 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 the problem cl
15、arified without any delay. So we have sent our representative to your end to investigate the matter in detail.,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 cooperation. You may be ass
16、ured that the matter will be settled in a reasonable manner to our mutual benefits. Yours faithfully,Letter 5：Claim on the seller for the damaged goods Dear Sirs, Re: Your S/C No. 2A-667B We have been informed by our agents in Beijing that 200 Tea Sets under the above 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 surve
