Claim and Settlement
1. Here is what differs from your sample.
A: Two boxes of your product didn’t coincide with your sample last time.
B: I don’t know what is happening. There hasn’t been such things with us, maybe the factory sent wrong boxes.
A: Here is what differs from your sample.
B: I got it. I am contacting the factory right now
I am very sorry and we are responsible for the mistake, we will exchange all merchandise that falls short of our sample.
A: We will not get to the bottom since this is the first claim.
B: There won’t be such things.
2. A quarter of them went mouldy.
A: We examined the merchandise and were astonished to find that a quarter of them went mouldy and there was humidity in the box.
B: Are you sure? I haven’t heard about such things.
A: Here is the exam report provided by the American quality examining office.
B: But there is no explanation about relevant causes.
A: The packaging is all right according to the report.
B: In this case, there might be more reasons.
A: I am afraid you didn’t dry the goods before packaging.
B: I think you know that there is a sample survey by a checker from State Administration for the Inspection of Import and Export Commodities before shipping. Our merchandise is surely up to standard.
3. I want to have your opinion on the quality problem of the goods.
A: I want to have your opinion on the faulty goods.
B We regret for this but we guarantee there is nothing wrong with our products.
A: Well, there is crack with two boxes of porcelain and I think it’s natural for us to ask for compensation.
B: It is hard for my company to accept compensation happened in the course of transportation. What is more, quality of goods is confirmed when loading under the standards of C&F, we are therefore not responsible for the quality problems when arriving.
A; That means we should ask for compensation from the insurance agent.
B: I think so.
4. It should be 40mm in diameter according to contract but the material object is only 39.7mm in diameter.
A: Part of goods do not coincide with standards described in the contract.
B: What is the difference in size?
A: It should be 40mm in diameter according to the contract but the material object is only39.7mm in diameter.
B: Please let me have a look at the object.
A: (measuring) Look, it is only 39.7mm.
B: How many of these products are there?
A: There are 1500 according to the contract, of which 500 failed to meet the standard. Please check it.
B: I am inquiring about this with headquarters. Please give me a sample to ask them to negotiate with the factory.
5. But according to the checker’s report the packing is half-baked.
A: We found in the examination that 20% of the goods have rusted, please exchange them. 我们在检验中发现竟有20%的货物已生锈。所以请贵方给予调换。
B: We think it quite probably derives from natural changes in the voyage.
A: But according to the checker’s report the packaging is half-baked, therefore, you should be responsible for the damage.
B: We pledge there is absolutely nothing wrong with the packaging. Don’t you think the damage was caused during the loading?
A: Please find out the cause.
B: OK, we will make an investigation.
A: Thanks for your cooperation.
6. I would like to know the details about the plan of compensation.
A: Our investigation results tell us that the factory party is responsible for the cargo damage. We are so sorry for the inconvenience we brought to you in this matter.
B: Well, that’s all right.
A: The factory party agreed to compensate for your damage.
B: Thanks. I would like to know details about the plan of compensation.
A: We are not going to carry these damaged goods back. Would you accept to buy these goods at half price?
We’d like to use the payment as our compensation fee.
B: Thank you very much.
A: We are completely responsible for this accident. We warrant we won’t make this kind of mistake again.
7. How to resolve the dispute in your country?
A: It is inevitable to have some disputes in doing international trade business. Could you tell me how to resolve the dispute in your country?
B: There are several ways. The best way is to achieve consensus through consultation.
A: Would you seek for the legal means if the consultation cannot help resolve the dispute?
B: Litigation is of course a way of resolving dispute. But actually we don’t use it frequently.
A: Then what should we do?
B: Usually through arbitration.
A: Does the final judgment by arbitration have binding force on the parties concerned?
8. If it is because of the unqualified products, we will properly deal with it.
A: The second batch of goods’ quality and standards do not meet the requirements in our contract.
B: Really, I can’t believe it?
A: It is so pitiful that there is this kind of thing happening.
B: Could you tell us some particulars about it?
A: We entrust the Local Inspection Authority to re-examine the goods. The result of the inspection indicates that the goods below the standard in smooth finish and color makes up 30 per cent of the goods.
B: Let me have a look over the test report.
A: OK, we request your party pay for the goods with bad quality.
B: We know that. I will contact the factory party to clarify at once. And if it is because of the unqualified products, we will properly deal with it.
9. Is it the same general arbitration institutions in China?
A: Some general arbitration institutions can deal with some maritime arbitration work except a permanent maritime arbitration institution in America. Is it the same in China?
B: Of course. For example, Foreign Trade Arbitration Commission is such a kind of institution.
A: Does the dispute have to be arbitrated by Chinese arbitration authorities?
B: It is up to the contract signed by the two parties.
A: Does that mean we can specify an arbitration institution after reaching an arbitration agreement by two parties?
B: Yes. The standard arbitration institution stipulates the procedures of arbitration and keeps the name list of the arbitrator. Once the arbitration organization is designated, the disputes that emerge in the future can be arbitrated according to the regulation of the arbitration organ.
10. So the arbitration clauses have to be included in contract.
A: The two parties should join effort to operate a joint venture. Sometimes there are still some different points of view over some operation work.
B: So the arbitration articles have to be included in contract.
A: Consultation is the best way to resolve the disputes that happen in joint venture.
B: Arbitration would be used if consultation could not resolve the dispute at all.
A: Are there any other means to help solving problems?
B: Yes, there are. For example, let the third party go between the other two parties.
11. We cannot do a replacement without a receipt.
A: The short sleeves shirt I bought yesterday doesn’t fit me. I want to change the size.
B: Do you have the receipt?
A: I couldn’t find it.
B: That’s tough. It is hard to tell if it was bought in our shop.
A: Can we find other ways to resolve it?
B: I’m afraid that we cannot do a replacement without the receipt according to the regulation in our shop.
A: But I really bought it in your shop.
12. The air-conditioning doesn’t work properly.
A: Excuse me. The air-conditioning doesn’t work properly.
B: What’s the problem?
A: It doesn’t cool. How can I spend my time in such a hot day without air-conditioning?
B: We are sorry about that.
A: And the noise is so high that I can’t bear it.
B: OK. We will repair it at once.
Your request for compensation makes me surprised.
A: Your request for compensation makes me surprised. What happened?
B: It’s because of the quality.
A: Could you tell me the particulars?
B: I told you that we want first class goods. So the quality, specification and price are clarified in our contract. Do you remember those details?
A: Yes, I do.
B: The re-examination results indicate that one-third of the goods are not up to standard.
A: Really? We began to load the goods after we made sure they were qualified.
B: I told you the truth.
14. The quality is too bad.
A: The damage is hard to avoid in the process of long distance transport.
B: The truth is that the quality is too bad to make us believe this damage was created by transport.
A: We will pay for it if the goods quality is really as bad as you said.
B: Thank you for your understanding.
A: Don’t mention it.
B: Then please tell me the result after you investigate the cause of the damage with the factory party.
A: OK. We will ask the factory party to come tomorrow.
1.We don’t agree with you that we have breached the contract.
A: We have to claim for compensation over our big loss as you are late for dispatching a shipment by almost one month.
B: Could you tell me what losses you have?
A: We had to pay for the storage fee and labor fee because you didn’t dispatch a ship in time.
B: We understand your situation. We contacted the shipping company as soon as we received your fax. But they were busy in dealing with so many businesses that they were late for your request.
A: We are claiming compensation because of your breach of the contract.
B: We don’t agree with you that we have breached the contract.
A: What’s your opinion?
B: We cannot find a set date in the contract to dispatch a shipment for your company. It is only said that all goods are ready for shipping, please dispatch a shipment as soon as possible.