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Topic Eight Complaints, Claims & Adjustments (抱怨,索赔与理赔)

Topic Eight    Complaints, Claims &  Adjustments (抱怨,索赔与理赔)
Topic Eight    Complaints, Claims &  Adjustments (抱怨,索赔与理赔)

Topic Eight Complaints, Claims & Adjustments (抱怨,索赔与理赔)

Introduction

In business transaction, failure for the buyer or seller to perform any of his contractual obligations happens from time to time, and thus causes breach of contract(违反合同). In such situation, the injured party usually notify the company of the problem and sometimes asks the other party for compensation. This is called claim. The company, responding to the claim, will write a letter of adjustment.

Two Kinds of Complaints and Claims

(1) The genuine complaints and claims.

The genuine complaints and claims may arises from one of the following situations:

A. the wrong goods may have been delivered;

B. the quality may have been found unsatisfactory;

C. the goods may have been found damaged, short-weight, missing or late;

D. the prices charged may be excessive or not as agreed.

(2) The false complaint and claims

The false complaint and claims is made by buyers who find fault with the goods as an excuse to escape from the contract, either because they no longer want the goods or because they have found that they can get the similar goods cheaper elsewhere.

Sample Letter One (Complaint in shipping Wrong Goods)

We duly received the documents and took delivery of the goods on arrival of s.s. President at Shanghai Port

We are much obliged to you for the prompt execution of this order. Everything appears to be correct and in good condition except in Container No.18.

Unfortunately when we open each carton in Container No 18, we found it contained completely different articles, and we can only presume that a mistake was make and the contents of these cartons were for another order.

As we urgently need the articles we ordered to complete deliveries to our own customers, we must ask yo u to arrange for the dispatch of replacements at once. We are holding the cases at your disposal. Please let us know what you wish us to do with it.

Because of your shipping wrong goods, we can’t duly satisfy our customers’ requirements. Many of the customers want to cancel their orders, and some of them even ask for compensation, which makes us suffer a loss of nearly 100000 dollars. Under such circumstance, we have to file a claim amounting to 80000 dollars.

We attach a list of the contents of Container 18, and shall be glad if you will check this with our Order and your copy of your invoice, and look forward to hearing that this matter be settled.

Sample Letter Two (Correcting the Mistake in Shipping Wrong Goods)

Thank you for your letter dated August 3. We were glad to know that the consignment was delivered promptly, but it was with great regret that we heard Container No.18 did not contain the goods you ordered.

On going into the matter we find that a mistake was indeed made in shipping process through a confusion of numbers, and we have arranged for the right goods to be dispatched to you at once. Relative documents will be mailed as soon as they are read.

We have already cabled to inform you of this, and we enclose a copy of telegram.

We shall be much obliged if you keep the contents in Container 18 until called for by the local agents of the World Transport Ltd., our forwarding agents, whom we have informed of the matter accordingly.

The matter on lodging a claim of $80000 will be replied in another letter in a few days.

Please accept our many apologies for the trouble caused to you by the error.

Sample Letter Three (Accepting the Claim)

The letter we sent to you the day before yesterday may have been received, the right goods we dispatched to you will also certainly reach you in time.

We were sorry to learn from your letter of August 3, that our shipping the wrong goods brings you much trouble, even makes you suffer some loss.

In reply to your lodging a claim of US $80000, on going into the matter, we found that the mistake was indeed made by the neglect of our workers in shipping process and that we should be responsible for

compensation.

But as soon as we know the error in our work, we immediately arranged for the right goods to be dispatched to you in order to reduce your loss. Besides, one container of wrong goods would not make you suffer so much loss, that the compensation of $80000 is difficult for us to accept.

However, to clear the path speedily for fresh business, we are prepared to allow you a compensation of $20000. This is the best we can do, and if it is acceptable to you, please send us an E-mail to this effect (带有那个意思)so that the case can be settled by a prompt remittance.

Situational Conversation

After the goods arrived, Mr. Liu found that one of the containers contained completely different artic les ordered by his own, which made him suffer a loss of nearly 100000 dollars. So Mr. Liu lodged a claim of US$80000 against the seller. As the claim could not be settled through the correspondence, the seller sent a representative, Mr, Allen to China to carry out an on-the-spot inspection, and then settle the claim.

Making an Investigation on the Fact

L: Welcome to visit our company ,Mr. Allen. I’m Liu Hai-Tao, the manager in charge of import department of Guangzhou Electronic Product Import & Export Corporation.

A: Nice to see you ,Mr. Liu. I’m assigned to come here to settle the claim you lodged against us for our shipping wrong goods. I’m sure that we ca n clear up this matter through personal discussion.

L: I hope so. We are very sorry to have filed a complaint about the wrong goods you shipped to us by S.S President. You have received from our Shanghai office the letter giving full details of this claim.

A: One of the purpose of my coming here this time is to make a careful investigation of the case. Would you please first of all state the facts?

L: In the letter dated August 3, we mentioned the error of shipping wrong goods. When we opened each carton i n Container No. 18, we found it contained completely different articles . We had to take the delivery of the goods into our warehouse.

A: What articles were shipped in Container No. 18?

L: The COMPAQ KA2 type computers. Let’s go to the warehouse and have a look.

A: I believe what you said . We needn’t go to the warehouse . Let’s discuss how to settle the case.

Taking about the Loss

A: Mr. Liu ,we regret sending you the wrong goods , and we are ready to compensate you for the loss caused by the error in our work.

L: No wonder everyone speaks highly of your commercial integrity.

A: But one container of wrong goods would not make you suffer so much loss. Your claim of 80000 dollars is unacceptable.

L: In fact , the loss caused by shipping wrong goods is more than US $80000, but for the sake of friendship, we only lodge a claim of US $80000.

A: Mr. Liu , what you said makes me more and more vague. I don’t know why a container of wrong goods makes you suffer a loss more than US $80000. As we know , one container contains 200 sets of COMPAQ 1200 computers. According to the stipulations in our contract , the price is US $841.1 per set. The total amount is $168,200. The wrong goods we shipped to you are 200 sets of COMPAQ KA2 type computers, one of which is worth US $780 and the total amount of which is US $156000. The price different between $168200 and $156000 is only 12000.

L: But, Mr. Allen , this price difference can’t represent our loss caused by your shipping the wrong goods . What we order and market are your CPMPAQ 1200 computers . The goods our customers, including some wholesalers and retailers , ordered are the COMPAQ 1200 computers. Because of your shipping wrong goods , we can’t duly supply some customers with the correct brand goods they ordered. Mary of them complained about the delay in supply their orders. Some of them even cancelled their orders although we repeatedly explain that the computers they ordered will be delivered soon. Besides, we can’t sell the wrong goods you shipped to our customers without your consent.

A: Do you mean that the amount of the orders cancelled by the customers is your loss caused by our shipping wrong goods?

L: This is the fact. (Taking the lists of orders cancelled out of the drawer) You see, here are the orders canc elled by the customers. The total amount is nearly 100000 dollars. If the wrong goods were not delivered, we might have used this lot of goods to complete several orders.

A: Well, I’m very sorry if that’s the case.

L: Mr. Allen, I trust that your presence will certainly hasten the settlement of claim. You can be assured that we’ll cooperate with you to the fullest extent on the basis of equality and mutual benefit.

A: Thank you for your assurance. I’m sure that if approached in such a spirit, the ques tion of claim can be settled to our mutual satisfaction during the present talk.

L: I hope so. Mr.Allen.

How to Settle the Claim

L: Mr. Allen, since we have found the cause of loss, now, let’s discuss how to settle the claim.

A: I’m here at your disposal(帮助某人).(at one’s disposal 由…支配)

L: This is a simple problem. According to the orders cancelled by the customers, we have a loss of nearly 100000 dollars. But for the sake of friendship and our future business, we only file a claim of 80000 dollars from you. This is reasonable, isn’t is?

A: Mr. Liu, you are wrong. What you have lost is not your net profit, but the value of the customers’ orders. It is only a data. The money you paid for the orders still belongs to you. A net profit is the actual gain after all working expenses have been paid. So the loss of nearly 100000 dollars is not all you have lost.

L: But your shipping wrong goods not only makes us lose the orders to be worth nearly 100000 dollars and the good opportunity to market, but also delay the time for us to gain.

A: It is for this reason that we promise to make compensation for your loss of 20000 dollars.

L: Mr. Allen, you know, we are the leading Electric Product Import & Export Corporation in our city and also do business of wholesale and retail. According to the current price of our market, we should have earned net profit of nearly $ 40000 or so from the 200 sets of computers, but couldn’t get back our money. It tied up our capital, and brings us a great deal of

difficulty. Compensation of $2000 for the loss is too little to be accepted.

A: We understand your problem, and regret for bringing you the troubles. Mr. Liu, what about your suggestion? L: We claim at least $50000. this is the best we can do.

A: Well, Mr. Liu, if you can help us to sell out the goods in Container No.18, we’ll compensate you $50000.

L: Then, lets discuss how to sell out this lot of goods firstly.

How to Sell the Shipping Wrong Goods

L: Mr. Allen, how are you going to sell the goods in Container No.18?

A: The shipping wrong goods in Container No.18 are 200 sets of COMPAQKA2 type computers that is high in quality. The unit price of this computer is US$750 or so at the European and American market. If you are willing to accept this lot of goods, we’ll give you some preferential terms.

L: What preferential terms will you give us then?

A: Of course, we’ll give you some preferential terms in price.

L: What’s the unit price will you a sk for?

A: We’ll make a reduction of $50 on the basis of the unit price in European and American markets.

L: You mean the unit price of the COMPAQKA2 computer will be fixed at $700 per set, right? Mr. Allen, you are too hard on us. According to your plan, we help you to sell out this lot of shipping wrong goods, but can not gain any profit.

A: Mr. Liu, you misunderstand my intentions. I mean that if you help me to sell out this lot of goods, we’ll compensate you US $50000. As to the price, we can fix it through negotiations. Let’s both enjoy the profit.

L: Mr. Allen, to be frank with you, if the price is fixed at $700 per set, the goods will not be sold out, which leave us no profit.

A: Since this is a small lot, make a bid, please.

L: What about reducing the price by 15% again? We can sell such goods at $600 per set at the market in our area.

A: Well, the price is fixed at $600 per set. Selling out this lot of goods will save us much trouble and unnecessary expenses. Now we needn’t to ship the goods back to our country. Mr. Liu, I accept your bid.

L: I appreciate your quick decision, Mr. Allen. We accept the proposal. I’m glad we found a solution.

A: Anything else to bring out for discussion, Mr. Liu?

L: I’d like to discuss with you the problem of agency for your computers, I’m sure you have no objection.

A: In respect to this problem, we’ll discuss tomorrow.

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3.都有那些著名建筑 4.你想为这个城市做些什么? 5.有哪些现象有待提高或者那些提倡 version03room part2: 1.what's your favorite room in your home 2.what it likes you live 3.what you do in the room normally and explain why you like it part3: 1.你认识你的邻居吗? 2.城市里的房子和乡村有什么不同? 2003年9月换题后的口语topic Old person Describe a older person you know You should say:Who he or she is How you know him or her How he or she is And explain what infection he or she give you and in what aspect Further question: 1、你们国家对老年人是什么态度? 2、你认为这个社会在哪些方面对老年人不太好? 3、老人在你们家有什么影响?

(完整版)雅思口语必备15种连接词

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雅思写作必备的20个万能句

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31种雅思口语高分公式要点提炼

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都是问名字、天气之类的,比如“Does your name have any special meaning? ”,然后你根据自己的名字去说一下寓意即可。但是也有可能会遇到一些平时不常见的话题,比如遇到“Punctuality”的话题时,可能会问你“Do you think it is important to be punctual?”,有的同学可能对“punctual”这个单词还很陌生,遇到这样的话题可能直接就懵了,大脑一片空白。所以熟悉各类口语话题非常重要,不仅可以准备常考话题,也能准备到一些不常见的话题类型。 2. 根据话题准备语料 除了要熟悉各类话题外,还要准备一些语料。不然自己的答案可能会杂乱无章,我们还以上文中的问题为例,当问到你名字的特殊含义时,如果你没有准备过类似的语料,即便你了解自己名字的中文意义,却找不到对应的英文词将其表达出来,可能也会一时语塞,不知如何作答。所以即便是比较简单的Part1部分,我们要准备一些答题的语料,不论问到什么问题,都能侃侃而谈。 3. 切忌背范文 大家在备考的过程中也会发现,虽然Part1比较简单,但是网上也能找到很多模板和范文。有的同学在备考时看到范文就将其背会,以期待在考试中能用上。首先,雅思口语Part1问题类型多变,并不是针对每个话题都有固定问法,所以背范文作用不大;其次,背范文直接在考试中应用如果被发现可能会有作弊嫌疑,所以建议大家不要背记Part1范文,多看多学习即可。

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