[00:05.30]Once damages occur,the party who suffers will lodge a claim against the insurance company.
[00:12.46]It is important to make a claim for the loss and damage promptly usually within a month,and to offer all the relevant documents
[00:22.67](such as the certificate of insurance ,the shipping invoice ,the bill of lading and the delivery notes offered by the exporter when he delivered the goods to the vessel.)in time as well.
[00:36.23]In addition ,independent surveyor's reports of the loss or damage and the correspondence concerning liability for loss or damage are necessary.
[00:46.55]The essential prerquisite that the insurance company recognizies the claim is that the claimant has an insurable interest in the goods.
[00:56.56]When a claim is made it is usually necessary for a form of clain to be completed.
[01:02.20]Sometimes a person suffering a loss gives incomplete,or even inaccurate information.
[01:08.28]hoping excessive compensation to be recovered .
[01:12.49]In such cases the insure will ask for further information.
[01:17.01]A person who suffers loss must to whatever possible to limit the loss.other they may fail to get compensation in full.
[01:28.84]Claims can be made to the insurer by the buyer if the goods have been insured by the buyer.
[01:35.24]The buyer can also reports the loss or damage to the seller and request him to make the clain if the seller insured goods on behalf of the buyer.
[01:46.37]You are entitled to make a complaint.
[01:49.37]when the goods delivered are not the goods ordered ,the service received fails to satisfy,
[01:55.91]the goods are of inferior quality,the goods are packed badly,the goods delivered have been damaged or delayed.
[02:05.15]the goods ordered are missing or less than the quantity ordered from the delivery.
[02:09.99]the goods supplied are more than the quantiry ordered or the prices charged are not as agreed.
[02:16.59]If goods or service do not fulfill the contract in some way.
[02:21.69]and amount to a breach of condition ,or a breach of warranty.
[02:27.70]the buyer is legally entitled to return the goods at the seller's expense,
[02:32.92]to reject the goods even the correct goods later delivered,
[02:37.99]to reject either all the goods or only the excess quantity,
[02:42.51]to cancel the order if possible or to request improvement of the service.
[02:47.39]Don't delay to make a complaint,otherwise things will become unfavorable to the buyer and the seller may lose the best chance to look into the cause.
[02:58.36]Provide detailed indormation of the facts in the leter of complaint.
[03:03.59]That will leave the seller no alternative to compensation.
[03:08.79]Failure to make a complaint effective usually occurs as a result of inadequate presentation of the complaint.
[03:18.06]The more specific the letter is,the better it will be for the seller to treat the complaint.
[03:23.26]A vague complaint will almost aleays come to the end of failure.
[03:28.48]The complaint letter should be firm but reasonably worded.
[03:33.08]rudeness will create ill-feeling and cause the seller to be unwilling to resolve matters.
[03:38.67]complaints must be well founde and diplomatically,tactfully put forward with care and restraint
[03:45.91]so that future business relationships are not damaged.
[03:49.62]However considerate the seller may wish to be to the claims of the buyer he can not assume responsibility for errors which he did not make
[03:59.78]or offer compensation where no compendsation is due.
[04:03.96]Acknowledgement of a complaint should be prompt.
[04:06.83]when agreeing to the buyer's request,the letter often begin with good news.
[04:11.35]The following paragraph is where to express the apology for causing inconvenience and to give the explanation of how the firm is making every effort to prevent the problem from being repeated
[04:25.98]and even to ensure satisfactory orders.
[04:29.06]If the complaint is unreasonable and must be rejected ,the letter should point out politely why it is settled in this way,why the settlement is fair,and what the firm's policy is.
[04:43.59]Such unwelcome news,rejecting a claim partly or completely,is likely to cause disappointment.
[04:53.12]The opening paragraph of this kind of letter should not begin with the bad news.
[04:58.16]but be cautious of terms that prepare the receiver
[05:02.21]for what is coming and soften the blow when it does come.
[05:06.49]Remember to thank for letting you being informed about the matter,to show the sincere understanding of the byer's dissatifaction.
[05:18.69]Keep in mind that goodwill is important in all business activities.
[05:24.00]Useful Expressions about Claim.Complain and Settlement
[05:29.72]Many of our costomers have been complaining that you watches go wrong frequently .
[05:35.39]We very much regret that the folded chairs supplied by you under order No.897 have not yet reached us up to now.
[05:45.03]I am sorry to say that it put us in an awkward predicament when your goods were sent to us after the time specified in our letter of 6 June.
[05:56.13]We surely will live up to our words that we will pay the freightage for returning the goods that your buy from us.
[06:04.51]We are unable to accept the shipment which we received from you todays ,as they had been completely smashed when they reached us.
[06:14.94]As our customers are in urgent need of the goods ,we have to ask you to make explanation of the cause of the delay and let us know when you will diapatch the goods.
[06:27.60]This is not the first time to delay delivery ,and the frequency of the occurrence is on the increase.
[06:35.70]That compels us to qurstion whether to continue our business for long with you unless the cooperation is improved from you.
[06:45.92]We reserve the right to claim against the sellers for compensation of losses within 60 days after the goods arrive at the port of destination.
[06:56.42]We propose to inspect the shipment at once.Compensation will be allowd immediately if your estimate proves to be accurate.
[07:05.98]Claims ,if any,should be seted against the survey report by the inspection Bureau.
[07:11.62]Any claim by the buyer regarding the goods shipped shall be filed within 30 days after arrivial of the goods at the port of destination specified in the relative Bill of Lading and supported by a survey report issued by a surveyor approved by the seller.
[07:32.15]We enclose a draft for US $ 5000 and hope to have your receipt for full settlement.
[07:39.78]There sales are most disappointing,but this is due entirely to late arrival of goods supplied by you.
[07:47.04]We are sorry to imform you that the goods forwars to us are not up to the standard prescribed.
[07:53.78]The seller shall not be liable for failure or delay in delivery of goods in consequence of any Force Majeure incidents.
[08:03.81]Should the quality and /or quantity and/or weight be found not in conformity with that of the contract,the buyer is entitled to make a claim ageinst the seller.
[08:15.44]The claim should lodged within 60 days after arrival of the cargo at the port of destination.
[08:22.18]As our shipping documents can confirm that the goods were in prefect condition when they left here,and that evidently they were damaged in transportation,
[08:33.28]therefore we cannot give consideration to your claim.
[08:39.24]We guarantee against the occurrence of the similar errors.
[08:43.10]We believe that you will spare no efforts to straighten this matter out immediately.
[08:48.20]Please advise us what we can do for you in your claim for compensation.
[08:53.29]We are taking the liberty of sending you an extra dozen of cotton pillowcases ,at no cost,as amall compwnsation for your inconvenience.
[09:03.32]The cases ,along with the contents ,are being held for inspection.
[09:07.89]Unless improvement is make at your end we shall have to cancel all further orders according to the terms of our contract.
[09:16.09]We hope you can send another one to replace the wrong item as quickly as you can.
[09:22.83]Re:Claim for loss of goods insured
[09:25.94]reference is made to our letter dated,addressed to Messrs.Jardine Matheson & Co.,in connection with the subject claim,with copy to your office.
[09:37.20]The United States Lines have already compensated us with a sum of US 33.80 representing the CIF value if the goods.
[09:48.96]We wish now to claim from you for
[09:52.30](1)the difference between the insured value and the CIF value,
[09:57.39]and (2) the surveyor's fee,viz.US 19.68 as per the Debit Note made out by our client,the Tobacco and wone Monopoly Bureau.
[10:09.65]In support of our claim ,we enclose here with the relevant documents as follows
[10:15.16]We shall appreciate it if you will kindly let us have you cheque for US $xx in settlement of the above claim at your earliest convenience and return us the enclosed documents.
[10:28.43]Yours very truly.
[10:32.40]Re:Policy No. 1076
[10:36.16]We have been advised by Frank B.Hall & Co. (Fareast )Ltd,
[10:41.33]that s.s Sian Yung carrying 277 bales of American Raw Cotton consigned to us and covered by the captioned Policy has collided with s.ss Andross City and general average has been declared.
[11:02.96]We are enclosing one Photostatic copy of Frank B.Hall's letter together with one copy each of the invoice and B/L for this shipment for your reference and perusal.
[11:15.00]As stated therein,you are requested to issue a General Average Guarantee on our behalf in order that we,as consignee,need not pay the deposit amounting to 13% of the CIF value of the cargo.
[11:29.74]Your immediate attention and action will be appreciated.
[11:35.41]Recently ,complaints about your watches from our customers have reached us one after another.
[11:41.49]The watches complained about frequently stopped working without rhyme or reason.
[11:47.71]and went now slowly,now quickly.
[11:50.69]Upon careful wxamination of the watches under the order No 908
[11:55.31]we must wxpress surprise and disappointment at their quality.
[11:59.78]This order was placed on the basis of sample watch supplied by you,but certainly do not match the sample.
[12:08.76]The watches are clearly not giving satisfaction,and it some cases we have had to refund the purchase price.
[12:16.57]As a sult,we have lost plenty of time and have been put to considerable expense for cleaning bills.
[12:22.09]The complaints we have received relate only to the shipment of watches under the order mentioned above.
[12:28.36]The order supplied before was executed to the entire satisfaction of our customers.
[12:33.40]Enclosed is a copy of the inspection certificate from our quality control department.
[12:39.04]Please put the matter right at once,letting us know what we have to do with the unsold balance of 50 dozen watches.
[12:47.43]Shall we return them to you or hold them at your disposal?
[12:51.11]I put my car at his disposal.