chapter9 &10

Unit 9 Shipment

9.1 warming-up Basic expressions

1. How long does it usually take you to make a delivery?

通常你方需要多长时间交货？

2. In the meantime we await your shipping advice by cable.

与此同时，我方等待你方的电报装运通知。

3. We have duly received your L/C and are booking shipping space for the shipment.

我方已如期收到贵方信用证，现正预定货运仓位。

4. Please be informed that the goods are ready and are awaiting detailed shipping instructions.

特告知货已备妥，正等待详细装船指示。

5. As direct steamers to your port are few and far between, we have o ship via Hong Kong more often than not.

由于开往你方港口的直达轮稀少，我方往往需经由香港装运货物。

6. Please arrange shipment of the goods booked by us without the least delay.

请速安排装运我方所订货物。

7. Partial shipments shall be permitted upon presentation of a clean set of shipment documents.

只要有完整的装运单据便可分批装货。

8. The best shipment we can make is October.

我们能安排的最早装船期是十月。

9. As we are in urgent need of the goods please effect (make) shipment as soon as possible.

由于我方急需货物，请尽快装运。

10. The goods are all ready for shipment.

货物已经准备好待装运。

11. We can get preferential duty rates when we ship to the U.S.A.

我们能在货物装运到美国时获得优惠税率。

12. Please hold shipment pending our instructions.

请在我们通知之前暂停装货。

13. We regret we can't ship as you desired.

很抱歉，我们不能按你们的要求装船。

14. We shall advise you by fax as soon as the goods are shipped.

一旦货物发出，我们将用传真告知。

15. Your order can be shipped next month.

你方订购的货物下月可装运。

16. We assure you that shipment will be made no later than the first half of April.

请您放心，我们交货期不会迟于4月份上半月。

17. You may choose Tianjin as port of shipment.

你可以选择天津作为交货港。

18. What's your unloading port please?

你们的卸货港定在哪里？

19. Do you wish to transship the goods to Macao at Hong Kong?

您是不是想把货物由香港转至澳门。

20. In case of transhipment, we have to pay extra transportation charges.

货物如果转运，我们得多付运费。

9.2 Situational dialogues

Dialogue 1 Advancing the Shipment

Mr. Tony is engaged in handling seasonal goods, so he wishes to have his gods shipped earlier. Now he is urging the supplier Mr. Wang to advance the shipment.

Tony: Good morning, there’s something I want to discuss with you.. When can you ship the goods?

Wang: The goods you ordered are popular with all the customers, so I’m afraid they should be delivered later. Maybe in November.

Tony: It’s too late. You see, the selling season is coming, and we have to find someone else to do the retailing, what’s more, our customs formalitier are rather complicated. Thus after shipment it will be altogether four to five weeks before the goods can reach our retailers. Could you make shipment a little earlier?

Wang: But it would be very difficult for us to get the whole goods ready within such a short time. Tony: Then when is the earliest we can expect shipment?

Wang: By the middle of November.

Tony: You see, the time of delivery is a matter of great importance to us.

Wang: I could see your point. As many of our clients are placing orders for delivery in the second quarter, I can’t promise to set dilivery in October.

Tony: I quite understand your position, but will you give us a special consideration?

Wang: Well, we’ll make an effort to advance shipment to earl y November.

Tony: Thank you. It’s better than the middle of the November. May I suggest that you put down in the contract “shipment on early November”?

Wang: That’s good. Anyhow, we’ll do our best to advance the shipment.

Tony: That’s very considerate of you.

Mr. Edward is having a talk with Ms.Li, a carrier, discussing the details about shipment. Edward: We wish to export a consignment of harvesting machinery. Could you pick up the load, transport it Dalian from Changchun and then deliver it to its destination in South Korea?

Li: Sure. We have various shipping facilities that can meet different requirements.

Edward: I think it would be a good idea to transport the harvesting machinery by container vessels.

Li: Yes, they are safe and can avoid constant handling of the goods.

Edward: But not all ports have the facilities for loading and unloading them.

Li: That’s not a problem. We can always deliver the containers to a port with such facilities, then load the consignment onto trucks and take them to your customers.

Edward: Then we should use our combined transport bill. It will cover the goods from point of acceptance to point of delivery.

Li: That’s right.

Edward: What about insureance, then?

Li: Although we accept door-to-door responsibility, we would advise you to take an all risk insurance policy, and send a copy of this and 3 copies of the commercial invoice to us. Edward: I agree to your proposal. Please arrange shipment as soon as possible.

Li: We’ll do what we can.

9.3 Reading materials

Text A

Shipment

Ocean freight is the most widely used form of transportation in international trade. In China and many foreign countries, it is generally considered as a cheap mode of transport for deliverng large quantities of goods over long distances. As the procedures for shipment of goods are rather complex, most exporters do not attend to all the details of shipment themselves. They are inclined to use the services of a shipping and forwarding agent who is aware of all the different modes of transport and who knows how they can best be used. Shipping and forwarding agents can save a lot of time and trouble for exporters. They charge a reasonable fee for the service. The shipping and forwarding agents are those who undertake to handle the shipping and dispatching of the goods overseas. They are experts on the availability of the different modes of transport for different markets, on the cost, and on the suitability of each mode. They also deal with customs entries and other formalities. They arrange payment of freight charges and insurance, if necessary, and handle collection of necessary documents. They may also help by “consolidating”or grouping together a number of consignments to make transportation more economical.

There are many means of transportation, and each has its advantages and drawbacks. Goods can be transported by train, truck, plane, ship or pipeline. The method used depends on time and cost.

Trains are usually used to transport bulk products that are low in value and must travel great distances.

Trucks can stop within a city and deliver goods direct to the market. A truck can start as soon as it is loaded. It is mostly used to transport high-value goods which travel short distances.

Air freight is quick although it is expensive. When speed is taken into consideration, this method will be more effective. Food and some urgently needed goods are usually delivered by air freight.

Ships have long been used for transportation. They are still the most important means of

transportation in international trade now. commodities such as coal, grain, chemicals and iron ore are often shipped by this means. Although it is a little slower, it is relatively cheap. China has many busy ports with great handling capacity. Almost 80% of our import goods are handled through these ports.

Pipelines are a special form of transportation. This form is being used for transporting gasoline, crude oil, and natural gas. Even some solid can be moved by pipeline.

New Words

attend [?'tend] vt. 出席,参加

vi. 照料,处理

bulk [b?lk] n. 体积,容积[U];巨大的东西,大块,大团[C]

a. [B]大量的,大批的;散装的

vi. (常后接large)变得重要,显得巨大;扩大,膨胀[(+up)]

vt. 使形成大量(或大块);使扩大,使膨胀[(+out)]

consignment [k?n'sainm?nt] n. 委托;交付;运送;托付物;托卖品;递运的;委托货物

consolidate [k?n's?li,deit] vt. & vi.合并,联合,统一;巩固,加强;使坚固;帐目合并

dispatch [di'sp?t?] vt. 派遣;发送;快递[(+to)]

n. 派遣,发送[U];(公文)急件;快信[C]

drawback ['dr?:b?k] n. [C]缺点,短处,不利条件;障碍,妨碍;撤回,撤销;退款;退税

entry ['entri] n. 进入[C][U][(+into)],入口;门口;河口;通道[C][(+to/of)],

【商】报关手续;报单[C][(+for)]

fee [fi:] n. (付给律师、医生等的)酬金,服务费[C];费(如学费、会费、入场费等)[C] vt. 付费(或小帐)给

formality [f?:'m?liti] n. 拘泥形式,拘谨[U] ;正式手续

forward['f?:w?d] ad. 向前

vt. 转交[(+to)];发送,递送[(+to)];运输

freight [freit] n. [U]【英】(船运的)货物;【美】(水上,陆上,空中运输的)货物;运费;货运(通常与快递express 相对)

incline [in'klain] vi. 倾斜;屈身;弯腰;点头;心里倾向,有意[(+to/towards)][(+to-v)];

有...倾向,易于[(+to/towards)]

pipeline ['paip,lain] n. 导管;输油管;渠道;路线

vt. 用导管输送

ore [?:] n. 矿;矿石;矿砂[C][U]

Expressions and phrases

ocean freight 海运

shipping and forwarding agent 运输代理商

charge a reasonable fee 收取合理的费用

handling capacity 吞吐量

crude oil 原油

natural gas 天然气

Text B

Marine Shipping Service

With the rapid development of international trade, delivering large quantities of goods over long distances now tends to be an inseparable part in business. Despite the diversified means of transportation, ocean freight is the most widely used form since it is generally considered a cheap mode of transport. Generally speaking, marine transport offers two major types of shipping services ---- tramp and liner. A tramp is a freight-carrying vessel which has no regular route or schedule of sailings. It is first in one trade and then in another, always seeking those ports where there is an immediate demand for shipping space. A liner is a vessel with regualr sailings and arrivals between specified ports.

To make a single shipment by liner, a set of procedures must be followed, which people in foreign trade circles take as the routine. The first step is to ascertain the rate. The quotation of a rate for a certain shipment is offered by the part of the carrier. If the shipper wishes to make this rate binding, he must accept the proposal promptly at the rate quoted. The carrier then reserves the required space and delivers to the shipper or his agent a shipping permit (shipping order). The permit is addressed to the receiving clerk at the dock. When the goods are delivered to the dock, the shipping permit is exchanged for a dock receipt or mate’s receipt, which is a brief statemetn from the carrier’s representative at the dock, indicating that the shipment has been received in good order. This receipt is only temporary and must be exchanged for the regular ocean bill of lading before the vessel sails.

After making shipment, the seller should promptly advise the buyer of its effectuation. For FOB and CFR transactions, the buyer will have to effect insurance on the shipment upon receipt of shipping advice from the seller. It has been a customary practice tha tin the case of FOB transactions, the seller, before shipping, should ask the buyer to decide the vessel on which the goods are to be shipped unless otherwise specified in the contract of L/C.

If the nature of the goods permits and appropriate stipulations have been laid down in the contract or L/C, the seller may choose to make several partial shipments of a given lot of contracted goods at different times.

In modern society, with the economic globalization, transportation facilities have greatly improved to meet the demand. Besides transport by sea, road or rail, nowadays in order to speed up delivery, carriage by air has become popular. Instead of a bill of lading, an airway bill is used if goods are sent by air.

New Words

ascertain [,?s?'tein] vt. 查明,确定,弄清[+(that)]

bind [baind] vt. 束缚,约束; 捆,绑

customary ['k?st?meri] a. 习惯上的,惯常的;合乎习俗的;习惯法上的;按惯例的diversify [dai'v?:sifai] vt. 使多样化;把(资金)分投在几家公司内; 增加产品种类以扩

大(业务);增加(产品的品种)

vi. 多样化;从事多种经营

dock [d?k] n. 码头;港区;船渠;船坞

vt. 使靠码头;使入船坞[(+at)]

vi. 靠码头;入船坞[(+at)];(太空飞行器)在外层空间对接

effectuation [?'fekt?u:'ei??n] n. 招致;实践;完成

liner ['lain?] n. [C]班轮;班机;定期班机

marine [m?'ri:n] a. 海的;海生的,海产的;船舶的,航海的;海运的,海事的

n. (一国之)船舶;海运业

promptly [pr?mptli] ad. 敏捷地;迅速地;立即地;准时地,正好

quotation [kw?u'tei??n] n. 引用,引证[U];引文;语录[C]

【商】(股票等的)行情;报价单,估价单[C] ;价格

receipt [ri'si:t] n. 收到,接到[U];收据,收条[C];收到的物(或款项);收入

tramp [tr?mp] n. [C] 不定期货船

vi. 脚步沉重地行走; (长途)徒步行走;漂泊,流浪

transaction [tr?n'z?k??n] n. 办理,处置,执行; 交易;业务;买卖[C]

vessel ['vesl] n. [C]船,舰;飞船,飞机(尤指水上飞机);容器,器皿

expressions and phrases

ascertain the rate 定价

the quotation of a rate 报价

ocean bill of lading 海运提货单

airway bill 空运提货单

FOB (Free on Board) 船上交货(价格),离岸价格

CFR (Cost and Freight) 离岸加运费价

9.4 Exercises

Exercise 1 Oral Practice

1. You are a salesman. An British businessman want to buy 20 metric tons of soybeans from you. At the time of shipment, your client requests an earlier date. You have some difficulties (booking shipping space, getting the goods ready, etc.) in meeting their requirement. Make up a dialogue according to the situation.

2. You would like send a consignment of flowers from New York to Shanghai, which is to be delivered within 3 days. Arrange a flight to meet your delivery date with a client working in American Airways. Make up a dialogue according to the situation.

Exercise 2 Translate the following expressions into Chinese .

1) bulk products

2) customs entries and other formalities

3) air freight

4）ascertain the rate

5) ocean bill of lading

6) the quotation of a rate

7) airway bill

8) charge a reasonable fee

9) iron ore

10)shipping and forwarding agent

Exercise 3 Fill in the Blanks with the words given in the box, and change their forms if it’s

2)The goods left us in good condition as our _____ from the shipping agent shows.

3)Experienced investors always ______ their investment.

4)Please ______ by vessel the items marked in blue.

5)We shall do our utmost to sell your ______ merchandise at the best price.

6)These ________ documents will be required for the transportation of the goods from the

warehouse to the quay.

7)For large _________ we suggest payment by sight L/C.

8)As to your goods, we have finished customs ____________, and are waiting for your shipping

instructions.

9)The delay was caused by heavy congestion at the _________.

10)We enclose a list of discounts available for _______ purchases of various quantities and

values.

Exercise 4 Translate the following sentences into English.

1）这个港口的装运设备已经有很大改进。

2）选择合适的运输方式很重要。

3）请填写这份进口货物交运单和进口货物包装声明。

4）我们建议用快车发货确保及时交货。

5）由于贵方订货数量太大，目前无法订到足够的舱位，望贵方同意分批装运。

Exercise 5 Practical writing

B/L & Shipping Advice

9.5 Background Knowledge

在对外贸易中，按时装运进出口货物，及时将货物从厂方运至目的地，对完成进出口交易、满足市场需要、减少货物积压和提高商品的竞争能力，都起着积极重要的作用。特别是对某些鲜活商品或季节性商品的运输，更要抢时间、争速度，及时完成运输任务，以免造成经济上的损失和信誉上的不良影响。如果装卸不及时，运输拖延，到货慢，就会影响商品的销路，甚至失去市场。

交货是指卖方按照同买方约定的时间、地点和运输方式将合同规定的货物交付给买方或其代理人。装运一般是指将货物装上运输工具，它与交货是两个不同的概念。但是，在国际商务中，由于采用F.O.B、 C.F.R 和 C.I.F 三种价格术语，卖方只要根据合同的有关规定将货物装上船，取得提单，就算交货。提单签发日期亦即为交货日。因此，装运一词常被用来代替交货的概念。这种凭单交货被称为象征性交货。（实际交货是指货物运抵目的地，因而，装运时间与交货时间是并不一致的。）凭单交货时，装运期和交货期是一致的。在买卖合同中，合理地规定装运期（交货期）是很重要的。装运期（交货期）可分为三种：定期装运、近期装运和不定期装运。

Chapter 10 Claim

10.1 warming-up 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 35 tons shortage weight.

考虑到我们之间的业务关系，我们准备接受35吨短装的索赔。

17). We are sorry that the quality of our goods did not turn out to meet 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 four damaged cases. 内附有鉴定人对这破损的四箱货物的鉴定报告。

20). Here’s a survey report by a well-known lab in Hongkong, whose testimony is absolutely reliable.

这是由香港的一个著名实验室提供的一份检验报告，证据绝对可靠。

1.2 Situational dialogues

Dialogue 1

A clerk discusses an insurance claim with his boss.

Boss : What's your hurry?

Clerk : Bad news! That shipment of parts from South Korea has been partially lost and damaged at sea. What should we do when loss or damage occurs?

Boss : We must prepare our claim and send it to the underwriter to secure payment.

Clerk : Won't our broker take care of that?

Boss : Yes, that's part of the service on the broker's side.

Clerk : So the first step would be to contact our broker?

Boss : Yes, and we'll need to submit some documents to him.

Clerk : Is it enough that we have an on-board bill of lading to claim settlement?

Boss : I'm sorry to say it isn't. We'll need a statement from the shipping agents stating that the goods were actually loaded and noting when the vessel sailed.We'll also need to present proof of ownership.

Clerk : How do we do that?

Boss : We'll have to file a full original set of ocean bills of lading, the insurance certificate, and the original commercial invoice.

Clerk : No problem. I have them on file.

Boss : We may also need a statement of protest.

Clerk : What's that?

Boss : It's usually an extract from the ship's log which describes how the goods were lost or damaged. It's prepared by the master of the vessel. Sometimes that documentation is also required. Clerk : Well, that covers all the things I want to know. I guess I'll call our broker.

Boss : Yes, let's get started right away.

Dialogue 2

A customer discusses an error in his order with the manufacturer.

Buyer : We have a problem, sir.

Seller : What on earth has happened?

Buyer : You remember that we ordered 50 of your BD 205 laser jet printers?

Seller ：of course. We shipped them two weeks ago. Haven't they arrived?

Buyer ：That's the problem. They've arrived, and they're the wrong model. You sent the QR 224 model. That model is incompatiblewith our computer system.

Seller ：I'm sorry to hear that. I'll look into it and try to get it corrected for you as quickly as possible. Do you have the invoice number?

Buyer：I have a fax of the invoice right here.

Seller ：Yes, there certainly seems to be a mistake. For some reason we shipped the wrong model. Would you mind waiting a few minutes while I check with our shipping department?

Buyer ：Not at all. I'm anxious to get this straightened out.

Later...

Seller：Well, I've discovered the source of the error. It seems your customer account number was incorrectly entered into our computer at the warehouse. This resulted in the wrong shipment. Buyer：That's an understandable, but regrettable mistake.

Seller ：We'll airfreight the correct printers immediately.

And since it's our error, we'll pay the freight charges.

Buyer ：That's good of you. My home office will be glad to hear it.

Seller ：I'm very pleased we were able to get to the bottom of this so quickly. Just return the wrong printers sea-freight, and our company will pick up those charges too.

Buyer : Thank you so much.

Seller : That's all right. We hope to provide you with good service for many years to come.

1.3 Reading materials

Text A Claim

On execution of a sales contract, both parties to the contract must strictly perform their respective obligations. If one of the parties breache s the contract, the other may run into trouble,

or suffer great losses. In this case, the affected party is entitled to request the defaulter to make up his losses according to the relevant provisions under the contract. Such request the affected party makes for compensation is called “claim”, and that the party responsible for th e losses or damage takes measures to deal with the claim one way or another is called “settlement of claim”.

Claim is a common occurrence in foreign trade practice, but it does not mean that it will happen in every transaction. However, the affected party, in consideration of the good relation with the other party, or the loss incurred being minor one, sometimes does not lodge a claim against the suppliers, but rather requests him to make sure that such things will not happen again. This is known as “complaint” rather than a claim.

In international sales transaction, most claims are filed by the buyer against the seller such as the seller’s failure to deliver the goods, late delivery or shipment of the goods, short weight, the goods’ inconformity with the contract stipulation(including “shipping the inferior for the contracted quality goods”), incomplete documentation and damages caused by improper packing, etc. However, there are times when the seller files claims against the buyer. This may occur when the buyer refuses or delays opening an L/C, delays sending a vessel to carry the goods under FOB terms or refuses to take delivery of the goods, and so on.

Generally speaking, the parties involved in a claim will first try to settle a claim through friendly negotiation, and avoid arbitration or litigation. The following points must be kept in mind when filing a claim.

First, generally all sales contracts stipulate a period for either party to file a claim, then that party must do it within the time limit. The party responsible for the claim should take immediate action to make investigations, send prompt reply to the affected party and solve the problem in accordance with the international trade usages or conventions.

Second, the affected should give a clear description of the loss or damage he has incurred, and also tells the reason why the other party should be responsible for the loss or damage. It is more convincing if the affected party can provide the relevant evidences, a certificate of inspection, for example, to support his claim or request.

Third, despite that dealing with a claim is no pleasant matter, we should be calm and reasonable in an attitude when negotiating for a settlement. Being rude and emotional does not help to resolve a dispute.

arbitration [,ɑ:bi'trei?n]n. 仲裁,调定;公断[U][C]

breach [bri:t?] n. (对法律等的)破坏,违反;(对他人权利的)侵害[C][U];中断,中止[C];闹翻,

绝交[C]

vt. 破坏,违反;侵害;违反协定;冲破,突破;撕裂

claim [kleim]n. (对保险公司的)索赔[C][(+for)]; (对某事物的)权利;要求权;所有权

[C][U][(+on/to)]

vt. (根据权利)要求;认领;索取

defaulter [di'f?:lt?] n. 怠慢者,滞纳者;不履行者;不出庭者;违约者

dispute [di'spju:t] n. 争论;争执;争端[C][U][(+about/over/with)]

execution [,eksi'kju:??n] n. 实行;执行;履行;完成[U][(+of)];执行（合同等的）签订inconformity ['ink?n'f?:miti] n. 不一致,不适合

incur：[in'k?:] vt. 招致,惹起,带来;遭受

litigation [liti'gei??n] n. 诉讼,争讼

lodge [l?d?] n. [C](工厂、学校等的)门卫室;(公园等的)看守人的小屋;(会社等的)地方支

部,集会所;旅舍;山林小屋;印第安人的棚屋

vt. 供给...临时宿处;租房间给...住;将...射入;刺进;打在[O][(+in)]

提出(申诉,抗议等)[(+with)]

寄存,存放[O][(+in/with)]

vi. 暂住,投宿,寄宿[Q];停留;嵌入;卡住[Q][(+in)]

provision [pr?'vi??n] n. 供应[U][(+of)];预备;防备[U][(+for/against)];食物;粮食;给养[P]

规定;条款[C][+(that)]

resolve [ri'z?lv] vt. 解决,解答;消除(疑惑等);决心,决定[+to-v][+(that)]

vi. 争论;争执[(+about/on/over/with/against)]

vt. 争论;争执[+wh-];对...提出质疑

settlement ['setlm?nt] n. 解决[U][C];清算,结帐[U][C]

stipulation [,stipju'lei??n] n. 契约;规定;条文

Text B

Guidelines for Resolving Complaints

All consumers have rights. You have the right to know what you will receive before you pay for a product or service, obtain what you pay for, complain when you are not satisfied, and get your money back when you have a legitimate complaint.

There are no magical ways to get action on a complaint. Nothing will happen unless you

complain and demand action. There are some suggestions to help you get results when you have a problem with the purchase of goods or services as follows.

Before complaining

Review what happened and think about your options and rights. Consider the facts of the case, and what you want to happen. Write down:

● A brief description of your complaint.

●What your rights are.

●Why you feel the business should do something for you.

●What you want the business to do to resolve the problem.

If you are not sure what your rights are, or how to proceed, contact a consumer group and discuss the situation. Talking with such an organisation may help you decide how to handle the problem, and many agencies have publications that explain consumer rights and how to resolve complaints.

If you signed a contract, read it carefully and ask the company for explanations of anything you don’t understand. The contract or warranty may limit your options or provide you with certain rights. Make sure you have done everything that you were supposed to do to live up to your part of the agreement.

Decide what you want from the company, such as repair or replacement of the item, a refund, an exchange, a credit, a correction of the company’s records, or the payment of damages. Consider whether a compromise would be accceptable. It may be easier to resolve the complaint if you agree to a settlement that falls short of a full refund.

How to complain?

The first step in complaining is to clearly present your problem. Failure to communicate effectively often makes it difficult to resolve complaints. Have all relevant information at hand when you contact the company, including: a description of the item; your account number or other facts to help the company identify the transaction; your receipt, billing statement or cancelled check; and a clear and brief explanation of what is wrong and what you want the company to do. Sometimes problems can be resolved with one call or visit. You may learn that you are not using the item properly, or that the company is willing to give you a refund. But when you realise that you are going to have problems with your complaint, start putting things in writing. Sometimes businesses ignore complaints until they see them in writing.

If your first attempt at complaining fails, contact someone higher up in the company. If the salesperson cannot help you, ask to speak to a supervisor or store manager, and then the owner or t he company’s headquarters.

Government agencies will not take on or settle your case, but some will contact the company to open up communication. For example, if you complain to the state public utilities commission about a telephone company, it might ask that company for an explanation of its position. No government’s interest in the case may convince the company to resolve the dispute. Businesses

that ignore most complaining consumers often settle all cases that are sent to government agencies.

commission [k?'mi??n] n. 佣金[C][U][(+on)];(权限,任务等的)委任,委托[U];(被委任的)

任务,权限,职权[C][+to-v];委员会[C][G];委任状;所委职责,

所授军衔[C];犯(罪),犯罪行为[(+of)]

complaint [k?m'pleint] n. 抱怨;抗议;怨言;抱怨的缘由[C][U][(+about/over/against)] compromise ['k?mpr?maiz]n. 妥协,和解[C][U][(+between);连累,危及[S][(+of)];(原则

等的)放弃[S][(+of)]

vt. 互让解决(分歧等);连累,危及;放弃(原则等);泄露(秘

密等)

vi. 妥协,让步[(+on)]

guideline ['gaidlain] n. (常用复)指导方针

legitimate [li'd?itimit] a. 合法的

option ['?p??n] n. 选择;选择权;选择自由[U];【经】买卖的特权[C]

proceed [pr?'si:d] vi. 继续进行;继续做(或讲)下去[(+to/with)];开始,着手,出发[+to-v]

起诉[(+against)]

refund [ri'f?nd] vt. 退还,归还;偿还

vi. 退还,归还;偿还

n. 退还;偿还[U];退款;偿还金额[C]

supervisor [,sju:p?'vaiz?] n. [C]监督人;管理人;指导者

warranty ['w?r?nti] n. 保证书;保单;担保;认可;根据;理由;授权

10.4 Exercises

Exercise 1 Oral Practice

Make up a dialogue for seling soybean to a Japan company on the terms of CIF. When the goods were unloaded at the port of destination and were moved to the buyer’s warehouse, the buyer claimed the goods are inferior to the sample, and refuse to accept the whole lot.

Exercise 2 Translate the following expressions into Chinese .

1)run into trouble

2)live up to

3) under the contract

4)settlement of claim

5)foreign trade practice

6)in accordance with

7)under FOB terms

8)account number

9)government agency

10)a full refund

Exercise 3 Fill in the Blanks with the words given in the box, and change their forms if it’s

1)This agreement shall terminate, if the consignee shall _____ any of the terms

herein contained.

2)His _____ of the new plan was unsatisfactory.

3)According to the _________of the agreement, the buyer should make payments in

advance.

4)We cannot but file a ______ against you about the poor packing.

5)Legal action was taken to force the ______ to repay the loan.

6)Seller makes no ________ in respect to normal wear and tear of the machines.

7)We will consider any _________ claim.

8)To avoid possible _______, the date of shipment should be stipulated as clear as

possible in the contract.

9)Now the necessar formalities are being ______ with.

10)The difficulty among us should be _________ by consultation.

Exercise 4 Translate the following sentences into English.

1)根据我们的检验报告，货物破损的原因是包装太差。

2)如果有足够的文件作证，我们会理赔的。

3)你发给我们的货物低于我们的一般标准。

4)我希望这件小事不会影响我们将来的合作。

5)我们的商品质量不能让人满意，对此我很抱歉。

Exercise 5 Practical writing

Letter of Complaints and Claims

Making complaints and claims is not a pleasant business and needs to be well planned and documented. How can your complaints and claims receive best adjustment you desired? Here are some guidelines:

1) Begin directly. Tell what is wrong.

2) Identify the situation (invoice number, product information, etc.) in the text. Describe the story in a clear and organized way.

3) Present enough facts to permit a decision.

4) Name specific actions to correct the problem and politely mention strong terms if you fail to get satisfactory reply.

Sample:

Dear Mr. Smith,

Would you immediately replace the visual software for XP5030 with that for XP5645 which we have paid for.

On June 15, we purchased the office communication system XP5645 from your sales representative John. As your file may show, we paid $4,600 for it, which is $300 more than for XP5030. That payment includes free installment and 6 months trial period.

The software you sent us operated well at the beginning, but the system refused to work after two weeks. After careful examination, we found what you sent us is for XP5030, not for XP5645 we purchased.

I called Mr. John that same day, June 29. He said he was busy negotiating with another client at another city. He promised to arrange people to replace it. Six days has passed, but nothing happens.

It is urgent that you adjust the issue by sending personnel to replace the software and install the system again. The collapse of the system has caused serious problems in our normal operation. The replacement is expected no later than July 1.

Please call me at 024-******** any time before 5p.m. I’m confident that you are serious about the matter. If I haven’t received your call by 12:00 on July 1, I will reluctantly turn this issue to my lawyer for actions against you.

We appreciate your prompt action.

Sincerely yours,

Li Ming

Manager

10.5 Background Knowledge

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。