1.7.3 Unit 20 Complaints and Claims

Unit 20 Complaints and Claims

Warm-up Questions

1. What are the common reasons for lodging a claim?

2. What normal procedures should we follow while lodging a claim?

Situational Dialogues Dialogue 1

A client is calling to lodge a complaint against rising charges from the freight forwarder.

Tony from YongFeng Chemicals is receiving the complaint.

A: YongFeng Chemicals. This is Tony speaking.

B: Hello! Tony, this is Eugenia. How are you doing?

A: Hi, Eugenia, I am fine these days. Thank you! How about you? Hope everything goes smoothly.

B: Actually this is why I am calling. I know complaint is an unpleasant thing, but I am compelled to do it.

A: How come?

B: The cargo of carbon black is still in the port of Constanta and we are waiting for the customs clearance.

A: What can I do for you?

B: We have received from EUROPRIM SHIPPING SRL (the freight forwarder) the calculation for the local taxes we have to pay and the amount is huge—3 178 leu, equivalent to 750 euros. These charges are for the import declaration and other services.

A: Really? That doesn’t sound good.

B: We have never paid so much for any imports. It is more than what we usually pay for a full container. It is a robbery!

A: I fully understand your problem. And I will look into it and try to connect the forwarder.

B: Thank you very much, Tony. I would like to know if you can get any information from the Amass Freight Int’l Shanghai, regarding the local taxes we have to pay at its turn when the delivery is CIF Constanta. If the costs for the further cargos are going to be so high, we will have to think out a different freight solution.

A: Do not worry, Eugenia, I am going to check up with you later.

B: Thanks. Look forward to getting your reply soon.

A: You are welcome!

Dialogue 2

After he had checked with YongFeng’s logistic team about the cost, Tony is calling his

client to settle the complaint.

A: Hi, Eugenia, now I am quite clear with your problem.

B: Please?

A: I have been informed that these charges could not be predicted and the shipment is more expensive when it comes to Less Container Load than Full Container Load.

B: Really?

A: Yes, but Eugenia, since we are good friends both in business and private relations, this time, I will share with you $150 import cost by my personal account as the compensation. The sum will be deducted from your next order directly. And I will keep it in mind for you.

B: Many thanks for your support. And we do hope there will be bigger orders soon.

A: Aha! That would be great.

B: In that case we will have to talk to our customers to see what we can do to cover the price increase due to these unexpected charges.

A: And for the next order, I keep the same prices for you. I think that would leave you large margin.

B: Thanks. We hope to receive favorable news from the market as soon as possible and I will let you know how the trials have gone with the first order. We will do our best to order a bigger cargo next time.

A: OK! Let us always support each other. Please keep in touch.

B: Thank you, Tony.

Dialogue 3

Mr. Smith, from B&S Machinery Import & Export Corporation, is talking with Mr. Wang, an import agent about the payment of the last transaction of machine tools. With Mr. Smith’s cooperation, Mr. Wang finally gets a satisfactory solution to the problem of inferior quality.

A: Hello, Mr. Wang. It’s nice to see you again.

B: Hello, Mr. Smith. Glad to see you.

A: Mr. Wang, I come here for the payment of the last transaction of machine tools. The goods reached your port of destination about two months ago. But we haven’t collected the payment because your bank has refused to pay us. May I know the reason?

B: We have already informed you of the problem, Mr. Smith. We regret to have to lodge a claim on the last consignment of goods. It was found that there are rust spots on them and the delivery is not up to your usual standard.

A: Do you have any proof?

B: Yes, of course. A close inspection by Shanghai Import & Export Commodity Inspection Bureau indicates that some of the machine tools are rusted. Here’s a copy of the inspection certificate.

A: It’s impossible. I guess the rust stains are due to careless transportation.

B: I don’t think so. It’s clear that this time your manufacturers have failed to come up to their standard.

A: Well, I’ll ask our manufacturers to look into this matter. I’ll let you know the result as early as possible.

(The next day)

B: Hello, Mr. Smith.

A: Our manufacturers were really distressed to learn that some of the machine tools had caused you so much inconvenience. They asked me to convey their sincere apologies to you and promised to replace these machine tools with new ones.

B: Thank you very much.

A: I do hope this minor incident will not affect our business in future.

B: Of course not as long as the problem has been handled.

A: Thanks a lot!

Notes

1. freight forwarder: 货运代理,货物代理人

2. Constanta Port: 康斯坦察港(罗马尼亚最大的港口)

3. EUROPRIM SHIPPING SRL: EUROPRIM货运有限公司(“SRL”是意大利语“有限公司”的缩写,相当于英语“Ltd.”)

4. leu: 列伊(罗马尼亚货币单位)

5. equivalent: 对等物,对称物

6. Amass Freight Int’l Shanghai: 上海美设国际货运有限公司

7. Less Container Load & Full Container Load: 拼箱货和整箱货

8. compensation: 补偿,赔偿,赔偿金

9. deduction: 扣除,扣除额

10. margin: 利润,差额

11. inferior: 较低的,次等的

12. Shanghai Import & Export Commodity Inspection Bureau: 上海进出口商品检验局

13. inspection certificate: 检验证明书

Useful Expressions

1. lodge a complaint with sb.against sth. 向某人投诉某事

 file a complaint 提出投诉

 make a complaint 提出投诉

 complain about sth. with sb. 向某人投诉某事

2. I am compelled to do it. 我不得不这么做。

 I have no choice but to make a claim with you. 我不得不向你索赔。

 I have no alternative but to lodge this complaint.别无他法,我只能投诉。

3. I will look into it. 我将进行调查。

 I will check up on the matter later. 我迟些时候来调查这个事情。

 We will go over these documents again. 我们会再检查一下这些单据。

4. I am going to check up with you later. 我稍后跟你联系。

 I will connect you later. 我一会儿跟你联系

 Please contact us as soon as possible. 请尽快与我们联系。

5. He is calling his client to settle the complaint. 他致电客户,以解决投诉。

 settle the complaint 解决投诉

 deal with the complaint 处理投诉

 find solution to the complaint 解决投诉

6. Many thanks. 非常感谢。

 Much obliged! 万分感谢!

 Very appreciated. 非常感谢。

 be really grateful for sth./sb. 非常感谢某事/某人

7. I keep the same prices for you. 对你,我们的价格不变。

 The price remains unchanged. 价格不变。

 We will offer you the same price. 我们对你的报价不变。

8. We will do our best to order a bigger cargo next time.

 我们下次尽力订购一批更大的货物。

 We will do our utmost to make a larger order next time. 我们下次尽力下大单。

 We shall endeavor to order more next time. 我们下次会尽力订购更多。

9. May I know the reason? 我可以知道原因吗?

 Can you tell me why? 你可以告诉我原因吗?

 Would you like to share with me the reason? 你愿意告诉我原因吗?

10. We regret to have to lodge a claim on the last consignment of goods.

 很抱歉我们不得不就最后一批货物提出索赔。

 We feel awfully sorry to tell you that we have to file/raise/put in/register a claim against you on/for the last consignment of goods. 我们很抱歉地通知贵方,我们不得不就最后一批货物向贵方提出索赔。

 It is regretful to inform you of our claim for the last consignment of goods. 很抱歉地通知你,我们就最后一批货物提出索赔。

11. come/be up to their standard 符合标准

 be in conformity with their standard 符合标准

 be in accordance with their standard 符合标准

 meet their requirements/demands 符合要求

12. convey their sincere apologies to you 向您转达他们由衷的歉意

 offer their sincere apology to you 向您致歉

 They apologize sincerely for your loss. 对于您的损失,他们由衷地表示歉意。

 They feel awfully sorry for your loss. 对于您的损失,他们非常抱歉。

13. I do hope this minor incident will not affect our business in future.由衷地希望这件小事不会影响到我们以后的业务。

 I do hope this minor incident will leave no harm to our future cooperation. 由衷地希望这件小事没有危害到我们将来的合作。

I hope this minor incident will have no negative influence on our relationship for future business. 希望此次事件对我们将来的生意不会产生负面的影响。

Speaking Practice

Task 1: Interpretation

1. We have filed a claim with you for the short weight.

2. We regret for the loss you have suffered and agree to compensate you by $500.

3. Your claim should be supported by sufficient evidence, otherwise we cannot entertain it.

4. According to the survey report, the damage is due to improper packing.

5. I propose we compensate you by 3% of the total value plus inspection fee.

6. 很抱歉我们不得不向你方提出索赔,因为货物到得太晚,错过了销售旺季。

7. 有关不合格材料的索赔问题必须在货到后60天内予以解决。

8. 我们想处理一下销售确认书第238号中两吨炭黑的索赔问题。

9. 我们已经收到贵公司解决我们索赔问题的汇款。

10. 我们不能接受贵公司提出的的索赔要求。

Task 2: Role-play

A is an importer. The goods he ordered on February 20 have arrived in a damaged condition with the following problems: a number of cases are broken and the goods inside are badly damaged; the package is insufficient and the contents leak out considerably. So A must make a claim for $4 000. B, the exporter, receives the information from A. He regrets for the loss A has suffered and agrees to compensate him by $3000.

Task 3: Free Talk

1. How should the seller manage claims from the buyer?

2. What should you do with the unreasonable demands from your client?

Task 4: Reading and Speaking

Claims

In international trade, claim refers to the claim for losses. In the course of executing a contract, if one party fails to perform the contract and thus brings economic loss to the other party, the latter may ask the former for compensation according to the contract stipulations.

Claims may arise from the delivery of inferior goods, incorrect or damaged goods, or from shortages in delivery, non-delivery, late-delivery. It may also be instigated by sellers against a buyers’ delay in opening the L/C. Whatever the error, it will cause inconvenience and/or additional expenses. Because different causes of loss are within different ranges of responsibility, different parties will be liable for the claim lodged. If the seller breaches the contract, which incurs loss, the seller will shoulder the responsibility and the buyer should raise a claim against him according to the contract stipulations. If the buyer breaches the contract, the buyer will be responsible for the loss sustained and the seller should claim against him on actual case. If the loss takes place during transit, it is within the responsibility of the insurance company or the shipping company. It should be noted that a claim must be lodged within the term of validity stipulated in the contract. If overdue, either the buyer or the seller is not entitled to do so.

With regard to claim and settlement, all parties concerned should have amicable, practical and realistic attitude. The case in question should be investigated in depth to ascertain what the real cause is and who the responsible party is. If necessary and possible, adequate and complete documents or certificates issued by the Commodity Inspection Organization should also be provided. In a word, a claim should be carefully and skillfully handled so as not to resort to arbitration.

Questions:

1. How would you define a claim?

2. In what circumstances may claims arise?

3. If the loss occurs in the course of transit, what should the buyer or the seller be aware of?

4. What kind of attitude shall all parties involved hold in dealing with a claim?

5. As for the case in question, how would you handle it?

Tips

Terms Concerning Claims

claim on quality 质量索赔        claim on short weight 短重索赔

claim for trade dispute 贸易纠纷索赔   claim on delayed shipment 延期装运索赔

claim for compensation 要求补偿     claim against carrier 向承运人索赔

claimee 被索赔人             claimant 索赔人

claims settling agent 理赔代理人     claims surveying agent 理赔检验代理人

claim letter 索赔书           claims documents 索赔证件

claim report 索赔报告          claims statement 索赔清单

claims settlement 理赔          claims settling fee 理赔代理费

claims rejected 拒赔           Sales Confirmation 销售确认书

to withdraw a claim 撤销索赔       to waive a claim 放弃索赔