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1、,Unit 19 Claim,实用商务英语教程,Part IListen and Talk,Listen and ReadListen to the dialogue samples and read them aloudDialogue One Make and accept a claim Mrs.Smith,the head of one company,is calling to make a claim.Yang Hong,the secretary of the other company,is now talking with her on the phone.,Dialogue
2、 One Make and Accept a Claim,Yang:Good morning,Red Apple.Can I help you?Smith:This Mrs.Smith,from New York.Yang:Oh,Hello,Mrs.Smith.Smith:Hello,Im calling about the shirts we ordered from you.Yang:Everything to your satisfaction,Madam?Smith:Actually,no.What we received is not what we ordered.Yang:Oh,
3、really?We are so sorry.I understand how you feel.It must be very annoying.I will check into it and call you back as soon as I find out what happened.,Dialogue One Make and Accept a Claim,Yang Hong does that and calls back.Yang:Mrs.Smith.We are very sorry.Weve sent you the wrong shirts by mistake.Smi
4、th:I know THAT!Do something about it,please!Yang:Yes,Mr.Smith.According to the contract,well honor your claim.How can we best deal with the problem to your satisfaction?Smith:Send us the correct order NOW!And I expect a significant discount for all this trouble.Yang:Well do that right away,Madam.Smi
5、th:Thats better.Yang:Well arrange a special delivery so that youll have the right shirts by tomorrow.Smith:Thats fine.Yang:Were sorry about the mistake.Thank your for your understanding.,Language Study,1.claim要求，请求权；贸易 索赔2.annoying讨厌的；恼人的3.by mistake错误地；由于差错4.honor兑现；实践5.deal with处理6.discount 折扣,Dia
6、logue TwoLodge and Reject a Claim,Mr.Lee came to make a claim on the inferior quality of the sesame seeds.Lee:I have something very unpleasant to talk over with you,Mr.Wang.Wang:Do you mean the quality of the sesame seeds you mentioned in your E-mail of May 10?Lee:Yes,the case is too serious to be o
7、verlooked,so I decided to come and have a face-to-face talk with you.I demand a full refund of the amount paid.Wang:Just be patient,please.Any criticism on our products is sincerely invited.But wont you sit down and tell us whole thing first?,Dialogue Two Lodge and Reject a Claim,Lee:Well,you see,we
8、 order well-dried sesame seed of fine quality,but the goods you sent us are not up to the standard and unfit for consumption.We have to lodge a claim against you for inferior quality.Wang:Could you tell us the exact cause of the inferior quality?You see,the damage may be caused by a variety of facto
9、rs.Lee:Heres a survey report by a well-known lab in London.It says that the packing of the goods is sound and intact at the time of survey.So it is clear that the sesame seeds were not well-dried before packing.,Dialogue Two Lodge and Reject a Claim,Wang:But let me inform you that the goods in quest
10、ion were strictly inspected by the China Commodity Inspection Bureau at the time of loading.There report showed that the goods were well-dried and up the standard for export.So the damage must have taken place during transit.Your claim should be referred to the shipping company or the insurance comp
11、any.,Language Study,1.lodge a claim提出索赔2.reject a claim拒绝索赔3.sesame seed芝麻子4.overlook忽略5.refund退款；退货6.up to 达到；合乎,Language Study,7.inferior差的，次品的8.consumption消费，消耗9.intact 完整的，未受损的 10.inspect检查11.the China Commodity Inspection Bureau中国商品检验局,Language Study,10.exhibition hall展览大厅11.show around 带参观12.t
12、his way,please请这边走,Listen to it,Listen to the following dialogues and try to fill in the blanksDialogue OneYang:Mrs.Smith.(1)talk over with you about the breakage of the package.Smith:Yes,of course.Could you be(2)_?Yang:Im just coming to that.When the goods(3)_ this year,it was found that many packa
13、ges were broken,(4)_ were leaking.,We would like to,more specific,arrive in April,most of which,Dialogue One,Smith:Just a minute.What was the percentage of breakages and leaking?Yang:About(5)_ were broken and _ were leaking.Smith:I wonder if the damage was caused(6)_?Yang:Im afraid not.The investiga
14、tion made(7)_ has shown the fact that it is(8)_,10%,5%,during transit,by the surveyor,due to careless packing.,Dialogue One,Smith:Have you any documents to prove the damage?Yang:Here is a survey report from Beijing Commodity Inspection Bureau.Smith:Im sorry that such incident(9)_.If your claim is we
15、ll-grounded,well certainly settle it(10)_.,took place,according to the contract,Dialogue Two,Johnson:How do you do!Mr.Zhao.From the catalogue you sent us,we know your company is making(1)_,is it right?Mr.Zhao:Exactly.We are making new Polar Bear Warm Shirts Series,including(2)_ _.Johnson:Are there a
16、ny differences from the old series?,a new series of shirts,kids series,womens,series and mens,Language Study,1.percentage百分率2.investigation调查3.document文件4.prove证明5.well-grounded证据充分的,Dialogue Two,Wang:(1)_ the goods you sent us are not in conformity with the specification of the contract.Lee:You don
17、t say.Wang:As soon as the shipping arrived at our port(2)_ To our disappointment,(3)_.Lee:Thats really very strange.15 tons is no small quantity and(4)_.Where can these 15 tons have gone?Wang:Our customers expressed their dissatisfaction.(5)_ you compensate for the loss.,We regret to tell you that,h
18、ad it inspecte.,We found a short-weight of 15 tons,cant get lost on route,They strongly demand that,Dialogue Two,Lee:(6)_ the shipment was weighed before shipment.Im afraid we cannot(7)_ as it has nothing to do with us.Wang:But the goods were found to be 15 tons short.As the goods were sold on CIF t
19、erms,you must be(8)_the shortage.Lee:Have you any evidence?,Id like to point out that,entertain your claim,held responsible for,Dialogue Two,Wang:Certainly.Here is a(9)_issued by the China Commodity Inspection Bureau.Lee:Well,as we have every reason to respect the findings of your Inspection Bureau,
20、and(10)_we are prepared to meet your claim for the 15 tons short-weight.,a survey report,in view of our friendly business relationship,Language Study,1.in conformity with与相符，符合2.specification规格，说明，技术参数pensate补偿，赔偿,Part II Comprehensive Reading Claim,In international trade,it is very important to sti
21、pulate the claim clauses clearly in the contract,for due to one reason or another,breach of contract often happens in the trade process.In this case,the injured party has the right to claim for the compensation for losses according to the contract stipulation.For example,the buyer may claim damages
22、from the seller in case the goods are insufficiently shipped,the quality and specifications of the goods shipped are not in conformity with what the contract stipulates,or the goods are damaged because of their poor packing.【译文】,stipulate,stipulate v.state as a necessary condition 提出以为条件；约定，规定The co
23、ntract stipulates the dates of the payments.合同规定了付款日期。We stipulate that our salesgirl must be polite to customers.我们规定售货员必须对客人有礼貌。,claim,claim n.demand for something as ones right索赔;v.demand(something)as ones right（根据权利）提出要求；索赔We must prepare for our claim carefully.我们必须得细致地准备好索赔要求.Ive come to find
24、out how youd like to settle our claim.我来是想弄清楚你们打算怎样处理我们的索赔问题。Ill claim a large amount against him.我会向他索赔大笔金额。You should claimed on the shipping company.你们应该向运输公司提出索赔。,due to,due to:因为，由于Obviously,it was due to the poor packing.很明显是由于包装不善导致的。Maybe it was due to the poor management.也可能是因为管理不善。,process
25、,process:n.set of actions that produce continuation,change,or something new步骤；过程；进程 He explained the process of building a boat.他解释了造船工序。The training of salesmen is a long process.训练推销员是个长期的过程。,insufficiently,insufficiently adv.not enough足够地；充分地 insufficient adj.insufficiency:n.Your claim is support
26、ed by insufficient evidence.你们的索赔要求没有充分的证据支撑。The shortage is due to insufficiency of the original shipping weight.这次短重是由于装船时的重量不足造成的。,institutional:adj.of,from or concerned with an institution 惯例的，制度上的Total demand from institutional investors was about$20.3 billion.机构投资者申请认购的单位总值约203亿美元。Its institut
27、ional tone suggested that it was written in the foreign office.它的官方口吻说明它是在外交部写的。,in conformity with,in conformity with:相符 The plan was made in conformity with his view.计划是按他的意见制定的。His behavior was in conformity with his ideals.他的行为与他的理想一致。,译文,在国际贸易中，合同中明确制定索赔条款是非常重要的，因为由于这样或那样的原因，在贸易进程中，违反合同的事情会经常发生
28、。在这种情况下，受损的一方有权根据合同为其所受损失提出赔偿。例如，买方可以向卖方提出赔偿损失，如果卖方所交货物数额不足，所交货物的质量和合同规定不符或者因包装不善导致货物损失。,The making of a claim is really an unpleasant business.Here are two suggestions:1.A claim should be made friendly.If necessary,some satisfactory points of the goods and services can be mentioned before a claim i
29、s made.It is even advisable to show the regrets for making the claim.2.A claim should be made firmly.All the losses of the injured party and the obvious evidence should be stated clearly.【译文】,satisfactory,satisfactory adj.good enough令人满意的，良好的；符合要求的We want a satisfactory explanation of the delay in d
30、elivery.对于延迟送货我们想要一个令人满意的说法。The result of the negotiation was satisfactory.谈判的结果是令人满意的。,mention,mention vt.提及，提到 Dont mention it.Let bygones be bygonges.别再提它了。过去的事就让它过去吧。Please immediately confirm the above-mentioned matter.请马上确认以上提到的事情。,advisable,advisable adj.wise 明智的，可取的 Its advisable to leave no
31、w.现在离开是明智的。Its advisable that we keep the original contract.我们保留合同的原件是明智的。,译文,提出索赔确实不是一件令人愉快的事情。下面有两条建议：1友好地提出索赔。如果有必要，可以在提出索赔之前先提及所交货物及服务方面令人满意的地方。甚至可以明智地对提出索赔表示遗憾。2提出索赔时态度要坚决。受损方的一切损失和明确的证据要清楚地向对方陈述出来。,If the claim is clearly proved,the party charged should make response to the injured party immed
32、iately.First,an apology or an expression of regret is expected.Then,an explanation of the circumstances which have caused the trouble may be necessary.It is also advisable to express the hope for not having brought too much inconvenience to the injured party.As to what the injured party looks for,th
33、e compensation,some proposals can be made to set things right.For example,the seller can offer to take the goods back or allow a special discount.Finally,if the trouble has not been really serious,the hope for keeping the good relations between the two parties can be expressed.【译文】,response,response
34、:n.answer 回答；反应They have made no response to our claim yet.他们还没有对我们提出的索赔要求做出回答。I asked her if she was hungry,but she made no response.我问她饿不饿，她却没反应。,circumstance,circumstance n.(usu.pl.)conditions that influence a person or an event 环境；情况Circumstances will force us finally to adopt this policy.情况会迫使我
35、们最终采用这一政策。I would only do such things as circumstances might demand.我只干那些事实上必要的事。,inconvenience,inconvenience n.(cause of)state of difficulty when things do not suit one 不方便；烦扰 I apologized for the inconvenience we had caused.我为因我们造成的不便而道歉。The delay of the delivery has put us to great inconvenience.
36、延迟送货给我们造成诸多不,译文,如果索赔问题得到证实，则被控方应马上向受损方做出回应。首先，应表示道歉或遗憾。之后，有必要解释一下导致问题出现的主客观因素，并且可以适当地表达希望不会给受损方带来太多的不便。至于受损方所关注的赔偿问题，可以提出一些建议来解决问题。例如，卖方可以主动提出退回会打折处理。最后，如果问题确实不是很严重，可以向对方表示希望保持双方良好的合作关系。,But response to a claim may be positive or negative dependent on concrete situations.It can be rejected,if the cl
37、aim is not sufficiently supported or things have nothing to do with the party charged or have gone beyond the control!Anyway,it should be presented with the consideration to maintain a good business relationship.【译文】,reject,reject vt.refuse to accept 拒绝接受They rejected our suggestion.他们拒绝了我们的建议。We re
38、ject your claim for the loss.我们拒绝赔偿损失。,anyway,anyway adv.in spite of everything;anyhow 不管如何；不管怎么说That was our fault,anyway.不管怎么说，那不是我们的错。He may not like to see me,but I shall go and see him anyway.他可能不想看到我，但不管怎么样我还是会去见他。,译文,但是，对于索赔的回应可能是肯定的也可能是否定地，这要视具体情况而定。如果索赔的理由不充分，或者事情和被控方无关或已经发展到无法控制的程度，则可以拒绝索赔
39、。但无论怎样，对索赔的回应都应该是建立在保持双方日后良好的商务往来的基础上的。,Excercises,1.Read the text carefully again and discuss the following questions.1)Why is it important to stipulate claim clauses clearly in the contract?2)Can you give some examples to show the cases in which the seller may make a claim with the buyer?3)Accordi
40、ng to the second paragraph,what should be done carefully before making a claim?,4)What do you think of the two suggestions given for making a claim?5)Do you think it is necessary to explain the circumstances which have caused the trouble?6)What do you think is the most important when making a claim?
41、7)In what cases can a claim be rejected?,2.Choose the best answer for the following questions.1)Which of the following is not true about claim according to the text?A)Claim clauses should be stipulated clearly in the contract.B)Only the buyer has the right to claim for the compensation for losses.C)
42、A claim may not be accepted if it is beyond time limit agreed upon in the contract.D)The details of the matter should be clearly stated to the party charged.Key:B,2）The buyer may claim damages from the seller in all of the following cases except that _.A)the goods are not sufficiently shippedB)the q
43、uality of the goods are not in conformity with what the contract stipulatesC)the goods are damaged because of their poor packingD)the delivery of the goods are delayed because of careless transportation3）Which of the following advices are not given in the text?A)A claim should be made sufficiently.B
44、)A claim should be made firmly.C)A claim should be made friendly.D)A claim should be made clearly.Key:2.D 3.A,4）Which of the following is not mentioned in the 4th paragraph?A)ApologyB)RegretC)Refusal D)Proposal 5）According to the text,how should a negative response be presented?A)It should be presen
45、ted with the consideration to protect the right of the party charged.B)It should be presented with the consideration to protect the right of the injured party.C)It should be presented with the consideration to maintain the image of both parties.D)It should be presented with the consideration to main
46、tain a good business relation.Key:4.C 5.D,3.Fill in the blanks with words given below.Chang the form where necessary.,1）The investigation made by China Commodity Inspection Bureau(CCIB)has shown the fact that the damage is _ poor packing.Key:due to2)Everyone agrees that it was your quick-witted _ in
47、 that case that has led to this satisfactory outcome.Key:responses 3)We feel it _ to consider the matter when business between us has developed to both of our satisfaction.Key:advisable,4)Nice to see you,Mr.Zhang.Im here to _ the matter of your claim for the breakage of the package.Key:investigate 5
48、)If a claim has to be made by the buyer,the matter should be investigated in detail and these details should be laid before the party _.Key:charged 6)Arbitration can be conducted either in China or other countries.It depends on what you both parties have _ between yourselves.Key:agreed on,7)When the
49、 12 samples came into our hands,to our disappointment,we found some pieces not quite _.Key:satisfactory 8)Im sorry to have caused you some _ with the shipment,but were not prepared to accept your claim.Key:inconvenience9)Im sorry,but we have to _ the goods sent as they arrived too late for the seaso
50、n and are of no use to us.Key:reject,10)Good,Id be happy to talk this over with you _ over some coffee.Would you like to come and see me at my office?Key:in detail11)He is quite a guy!When I _ what I had come for,he immediately offered to lend me help.Key:mentioned12)We regret to tell you that the g
