UNIT UNIT 13

Complaint and ClaimComplaint and Claim

I. IntroductionI. Introduction

1. Definition of Complaint and Claim1. Definition of Complaint and Claim

Claim refers to the situation where the injured party Claim refers to the situation where the injured party

claims for compensation for losses in case the contract claims for compensation for losses in case the contract

is breached. Sometimes when the loss is not serious, is breached. Sometimes when the loss is not serious,

the party suffering the loss may not lodge a claim for the party suffering the loss may not lodge a claim for

compensation. Instead he writes a letter of complaint compensation. Instead he writes a letter of complaint

or makes a call to attract the other party’s attention to or makes a call to attract the other party’s attention to

avoid this matter happening again. avoid this matter happening again.

2. Kinds of Complaints or Claims 2. Kinds of Complaints or Claims

According to their nature, there are the two main According to their nature, there are the two main kinds of complaints or claims made by buyers.kinds of complaints or claims made by buyers.

(1) Genuine complaint or claim, which arises from (1) Genuine complaint or claim, which arises from such situations as the following: such situations as the following:

① ① The wrong goods may have been delivered;The wrong goods may have been delivered;

② ② The quality may have been found unsatisfactory;The quality may have been found unsatisfactory;

③ ③ The shipment may have been found damaged, The shipment may have been found damaged, short, missing or late;short, missing or late;

④ ④ The prices charged may be excessive or not as The prices charged may be excessive or not as agreed.agreed.

(2) False complaint or claim, which is made by (2) False complaint or claim, which is made by

buyers who find fault with the goods as an excuse to buyers who find fault with the goods as an excuse to

escape from the contract, either because they no escape from the contract, either because they no

longer want the goods or because they have found that longer want the goods or because they have found that

they can get them cheaper elsewhere. they can get them cheaper elsewhere.

If a complaint or claim is made by the buyer, the If a complaint or claim is made by the buyer, the

matter should be investigated in detail and these matter should be investigated in detail and these

details should be laid before the party charged.details should be laid before the party charged.

3. Contents of Letters about a Complaint or Claim

Letters about a complaint or claim include the

complaints or claims letters and reply letters to

complaints or claims.

3.1 Complaints or Claims Letters3.1 Complaints or Claims Letters

Usually a complaint or claim letter should follow the Usually a complaint or claim letter should follow the following outline: following outline:

(1) State the complaint or claim with regret, mention the (1) State the complaint or claim with regret, mention the date of the order, the date of delivery and the goods date of the order, the date of delivery and the goods complained about or claim for and give exact details of complained about or claim for and give exact details of damage, breakage or loss, etc.;damage, breakage or loss, etc.;

(2) Tell why and how you are inconvenienced, including (2) Tell why and how you are inconvenienced, including explain the reason of your complaint or claim and provide explain the reason of your complaint or claim and provide evidence of damage or loss, in order to state your reasons for evidence of damage or loss, in order to state your reasons for being dissatisfied and ask for an explanation;being dissatisfied and ask for an explanation;

(3) State what you want to be done, such as expressing your (3) State what you want to be done, such as expressing your wish for a prompt settlement and suggesting the reasonable wish for a prompt settlement and suggesting the reasonable demand to satisfy your complaint or claim. demand to satisfy your complaint or claim.

3.2 Replies to Complaints or Claims3.2 Replies to Complaints or Claims

A reply to a complaint or claim should always be A reply to a complaint or claim should always be

courteous, even if the complaint or claim is courteous, even if the complaint or claim is

unfounded; the sellers should not say so until they unfounded; the sellers should not say so until they

have good and reliable grounds on which to repudiate have good and reliable grounds on which to repudiate

the claim.the claim.

Following rules should be followed by the seller when Following rules should be followed by the seller when

replying to a complaint or claim: replying to a complaint or claim:

(1) Express regretful for receiving the complaint or (1) Express regretful for receiving the complaint or

claim letter;claim letter;

(2) If the complaint or claim is justified, the seller (2) If the complaint or claim is justified, the seller

should admit it readily, express his regret and state should admit it readily, express his regret and state

what he will do to settle the matter or agree to the what he will do to settle the matter or agree to the

buyer’s request. If the complaint or claim is not buyer’s request. If the complaint or claim is not

justified, point it out and explain the reasons politely justified, point it out and explain the reasons politely

in an agreeable manner. It would be a wrong policy to in an agreeable manner. It would be a wrong policy to

reject the customer’s request without any explanation;reject the customer’s request without any explanation;

(3) If the complaint or claim is justified, apologize (3) If the complaint or claim is justified, apologize

once again for the inconvenience caused and make once again for the inconvenience caused and make

assurance that no similar circumstances will occur in assurance that no similar circumstances will occur in

the future. If the complaint or claim is not justified, the future. If the complaint or claim is not justified,

show sympathy for the inconvenience caused. If the show sympathy for the inconvenience caused. If the

seller cannot deal with a complaint or claim promptly, seller cannot deal with a complaint or claim promptly,

acknowledge it at once; explain that the matter is acknowledge it at once; explain that the matter is

being investigated and a full reply will be sent later.being investigated and a full reply will be sent later.

Letter 1Letter 1

A Complaint about Non-DeliveryA Complaint about Non-Delivery

Language Points:Language Points:

non-delivery: non-delivery: 未交付货物，未交付货物，

stress: vt. emphasis on sth. stress: vt. emphasis on sth. 着重；强调着重；强调

look into: investigate or examine sth look into: investigate or examine sth 调查；过调查；过

问问

Letter 2Letter 2

Complaint Concerning QualityComplaint Concerning Quality

Language Points:Language Points:

serge: serge: 斜纹哔叽布料斜纹哔叽布料

batch: n. number of people or things dealt with batch: n. number of people or things dealt with

as a groupas a group 一批，一宗，一束，一组，一群一批，一宗，一束，一组，一群

shrinkable: shrinkable: 会缩水的会缩水的

fast: adj. not likely to fade or run fast: adj. not likely to fade or run 耐久的；不耐久的；不

褪色的 褪色的

Letter 3Letter 3

A Specific Claim about Short WeightA Specific Claim about Short Weight

Language Points:Language Points:

responsible  responsible  有责任的有责任的 , , 应负责任的应负责任的

e.g. We are not responsible for the delay.e.g. We are not responsible for the delay.

responsibility n. responsibility n.  责任责任

on the strength of  on the strength of  依靠依靠 , , 依据依据

e.g. You may draw a clean draft on us on the strength ofe.g. You may draw a clean draft on us on the strength of

our written instructions dated the 15th March.our written instructions dated the 15th March.

HNCIB: Hunan Commodity Inspection BureauHNCIB: Hunan Commodity Inspection Bureau 湖南商品检湖南商品检验局 验局

Letter 4Letter 4

A Reply to a Complaint (Accepting A Reply to a Complaint (Accepting

Responsibility)Responsibility)

Language Points:Language Points:

call on: formally visit, or request sb. to call on: formally visit, or request sb. to 访问；指名访问；指名

要要 (( 某人某人 )) 去干去干 (( 某事某事 )) ；请求，要求；号召；请求，要求；号召

faulty: adj. having a fault or faults; imperfectfaulty: adj. having a fault or faults; imperfect 有缺点有缺点

的；有错误的；不完善的的；有错误的；不完善的

inferior to: low(er) in rank, quality, etc. (inferior to: low(er) in rank, quality, etc. ( 身份身份 )) 低下低下

的，下级的；的，下级的； (( 质量等质量等 )) 低劣的，次的，差的，低劣的，次的，差的，

劣势的劣势的

Letter 5Letter 5

A Reply to a Claim A Reply to a Claim

(Refusing to Taking Responsibility)(Refusing to Taking Responsibility)

Language Points:Language Points:

look up: check, examinelook up: check, examine 检查；查找；寻找检查；查找；寻找

in question: in doubt, be doubted byin question: in doubt, be doubted by 可怀疑，被争可怀疑，被争

论，成为问题的论，成为问题的

Bill of Lading: Bill of Lading: 提单 提单

at any rate: whatever may happen, in any caseat any rate: whatever may happen, in any case 总而总而

言之，无论如何 言之，无论如何

1. Complete the following sentences by translating the part 1. Complete the following sentences by translating the part in Chinese into English.in Chinese into English.

(1) It appears that the cargo was damaged (1) It appears that the cargo was damaged in transit in transit ( (运运输途中输途中 ) from New York.) from New York.

(2) The damage was caused by (2) The damage was caused by poor packaging poor packaging ( (不良包不良包装装 ))造成的造成的 ..

(3) We enclose a copy of the survey report (3) We enclose a copy of the survey report for your refere for your reference nce ( (供您参考供您参考 ).).

(4) (4) In order to compensate you for the trouble we brought In order to compensate you for the trouble we brought ((补偿我们给贵方带来的麻烦补偿我们给贵方带来的麻烦 ), we are prepared to offer a ), we are prepared to offer a special discount.special discount.

(5) We will ship the replacement (5) We will ship the replacement at the earliest possible da at the earliest possible date te ( (尽早尽早 ).).

Answer of ExercisesAnswer of Exercises

2. Read the following sentences and try to 2. Read the following sentences and try to find out the mistakes and make corrections find out the mistakes and make corrections (There is one mistake in each sentence.).(There is one mistake in each sentence.).

(1) We cannot accept responsibility (1) We cannot accept responsibility ofof breach of breach of

contract contract

of → forof → for

(2) The goods were in perfect condition on leaving the (2) The goods were in perfect condition on leaving the

warehouse and the damage has evidently occurred warehouse and the damage has evidently occurred onon

transit.transit.

on → inon → in

(3) The delay (3) The delay inin your part now places us in a very your part now places us in a very

awkward position.awkward position.

in→ onin→ on

(4) The cause (4) The cause ofof delay was beyond our control. delay was beyond our control.

of → forof → for

(5) Upon examination we find out of the contents (5) Upon examination we find out of the contents

stainingstaining..

staining →stainedstaining →stained

3. Translate the following sentences.3. Translate the following sentences.

Part I Translate the following sentences into English. Part I Translate the following sentences into English.

(1)(1) 这批货在质量上与样品不符。这批货在质量上与样品不符。

The goods do not agree with the original samples iThe goods do not agree with the original samples i

n quality. n quality.

(2) (2) 开包之后，发现颜色不令人满意。开包之后，发现颜色不令人满意。

When unpacking the case, we found the color unsatWhen unpacking the case, we found the color unsat

isfactory. isfactory.

(3) (3) 我方最近收到很多顾客对你方钢笔的投诉。我方最近收到很多顾客对你方钢笔的投诉。 We have received lots of complaints about your penWe have received lots of complaints about your pens from many customers.s from many customers.

(4) (4) 今就我公司昨天收到运动衫一事向你方提出申今就我公司昨天收到运动衫一事向你方提出申诉。诉。 We are writing to complain about the shipment of sWe are writing to complain about the shipment of sweaters arriving here yesterday.weaters arriving here yesterday.

(5) (5) 请将所有货物退还我方，我方将请船运公司来请将所有货物退还我方，我方将请船运公司来检查损失，以便他们安排赔偿。检查损失，以便他们安排赔偿。 Please return the whole consignment to us, and we Please return the whole consignment to us, and we will ask the shipping company to inspect the damage swill ask the shipping company to inspect the damage so that they can arrange compensation. o that they can arrange compensation.

Part II Translate the following sentences into ChinePart II Translate the following sentences into Chinese.se.

(1) As the shipping company is liable for the damage, (1) As the shipping company is liable for the damage, your claim, in our opinion, should be referred to them your claim, in our opinion, should be referred to them for settlement.for settlement.

我方认为，由于货运公司对损失负有责任，我方认为，由于货运公司对损失负有责任，你方应向他们提出索赔。你方应向他们提出索赔。 (2) We regret to return these goods, and shall be gla(2) We regret to return these goods, and shall be glad if you will substitute the right goods for them as earld if you will substitute the right goods for them as early as possible.y as possible.

很遗憾，我方不得不退货，希望你方尽快为很遗憾，我方不得不退货，希望你方尽快为我方替换所退之货。 我方替换所退之货。

(3) We have to ask for a compensation to cover the lo(3) We have to ask for a compensation to cover the lo

ss incurred as a result of the inferior quality of the gooss incurred as a result of the inferior quality of the goo

ds concerned.ds concerned.

我方不得不向你方提出索赔，以弥补由于货我方不得不向你方提出索赔，以弥补由于货物质量差而招致的损失。物质量差而招致的损失。(4) We find that the case shows a shortage in weight.(4) We find that the case shows a shortage in weight.

我方发现此箱重量短少。我方发现此箱重量短少。(5) We regret to inform you that the goods are not acc(5) We regret to inform you that the goods are not acc

ording to the order.ording to the order.

非常遗憾地告知到货与订购之货不同。非常遗憾地告知到货与订购之货不同。

4. Translate the following letters into English:4. Translate the following letters into English:Dear Sirs,Dear Sirs,

Thank you for your delivery of the suits which we ordered on Thank you for your delivery of the suits which we ordered on October 19. However, we wish to invite your attention to the October 19. However, we wish to invite your attention to the following points:following points:

a. The colors of the cloth are dissimilar to your original a. The colors of the cloth are dissimilar to your original sample;sample;

b. The green belt supplied does not match the suit.b. The green belt supplied does not match the suit.

We are returning two of these by separate mail, and would ask We are returning two of these by separate mail, and would ask you to replace the whole in correct color. Concerning the you to replace the whole in correct color. Concerning the airfreight, we agree to pay extra costs for airfreight. However, airfreight, we agree to pay extra costs for airfreight. However, your costs for packing and insurance must have been lower for your costs for packing and insurance must have been lower for air cargo, and we request you to take this fact into air cargo, and we request you to take this fact into consideration and to bear part of the airfreight charges.consideration and to bear part of the airfreight charges.

Please let us know immediately your opinion on these matters.Please let us know immediately your opinion on these matters.

Yours faithfully, Yours faithfully,

Dear Sirs,Dear Sirs,

We have received 5 cases of goods under our Order No.230 on We have received 5 cases of goods under our Order No.230 on July 20. Upon examination, we discovered shortage of Toy July 20. Upon examination, we discovered shortage of Toy Animals and Toy Pianos shipped to us. We ordered 100 dozen Animals and Toy Pianos shipped to us. We ordered 100 dozen of Toy Animals and 100 dozen of Toy Pianos, but we received of Toy Animals and 100 dozen of Toy Pianos, but we received 86 dozen and 80 dozen respectively.86 dozen and 80 dozen respectively.

The cases are intact, bearing no evidence of having been The cases are intact, bearing no evidence of having been damaged in transit. Apparently, the shortage is due to damaged in transit. Apparently, the shortage is due to oversight in packing.oversight in packing.

Please look into the matter and forward the short-delivered Please look into the matter and forward the short-delivered goods to make up the quantity we ordered as soon as possible. goods to make up the quantity we ordered as soon as possible.

Yours faithfully, Yours faithfully,

5. Write a complaint letter covering the following contents:5. Write a complaint letter covering the following contents:

Dear Sirs, Dear Sirs,

The goods we received on June 5 were found not to match our The goods we received on June 5 were found not to match our order. The goods we ordered were Item No. 234, whereas the order. The goods we ordered were Item No. 234, whereas the goods received were Item No.235.goods received were Item No.235.

We have decided to ship the goods back to your company at We have decided to ship the goods back to your company at your expense and we ask that you refund the RMB¥ 12,000 your expense and we ask that you refund the RMB¥ 12,000 which we have already paid you. Please note that we hereby which we have already paid you. Please note that we hereby also reserve the right to claim any damages arising out of your also reserve the right to claim any damages arising out of your wrong shipment.wrong shipment.

A quick refund will be highly appreciated.A quick refund will be highly appreciated.

Yours faithfully, Yours faithfully,