場景八
Talking about Claims
談索賠
Having found short weight of the linseed oil, Mr. Zhang, the sales manager of Weifang Oil and Fat Co.,Ltd. is asking for compensation to Mr. Green, who is the sales manager of Belgium linseed oil plant.
發現缺量后，濰坊油品有限責任公司銷售經理張先生向比利時亞麻籽油工廠營銷經理格林先生索賠。
Buyer: Mr. Green, we received your delivered 1,000 tons of linseed oil. We are satisfied with the quality but we are surprised to find that 80 tons short weight of linseed oil on its arrival.
格林先生，貴公司1000噸亞麻籽油已送達。我們對油品質量很滿意，然而想不到的是，這次商品短缺了80噸。
Seller: Really? How can that be? I am more surprised to hear that. Certificate of Quantity was issued by S.G.S, which is the most famous independent public recognized surveyor.
有這回事?怎么可能呢?我更想不到會發生這種事。產品重量是經SGS認證的，那可是最著名的獨立公開認證機構。
Buyer: But it's a fact that there is a difference of 80 tons between the actual landed weight and the invoiced weight. We suffered a great loss for the first business!
但確確實實就是缺了80噸。我們第一次合作就遭受了這么大的損失!
Seller: Don't worry. We will make a thorough investigation on this matter. This is the first time we have met this kind of problem during years of business. We surely compensate for your loss if it is caused by our party
別擔心。我們會對此事進行全面調查。做了這么多年生意，這種事我們還是第一次遇到。如果是我方原因造成的缺量，我們定會對貴方進行賠償。
Buyer: Thanks for your cooperation. We wish to solve this problem by friendly negotiation.
感謝貴方的合作。我們希望通過友好協商解決這件事情。
Seller: Certainly. According to inspection clauses in our contract, inspection must be conducted before shipment by recognized surveyors, who then issue certificates concerning the quality, quantity, etc. These certificates may be taken as the basis for negotiating payment. Upon arrival of the imported goods, an equivalent public surveyor should reinspect the goods. Should the quality, specifications, quantity or weight be found not in conformity with the stipulations of the order, due to causes other than those for which the insurance company, shipping company, airlines or post office are liable, the buyer shall have the right to lodge a claim against the seller on the strength of a survey report or inspection certificate issued by the public surveyor at the port of destination. Such a survey report shall be final and shall serve as the basis for filing a claim.
當然。根據合同里的檢驗條款，產品裝船運輸前須由權威的機構對質量和數量等進行認證，并頒發認證書。這些證書是協商的基本材料。對于進口商品，買方接貨時同樣需要權威機構進行相同的再認證。若發現產品質量，規格，數量和重量和訂單所標有異，排除保險公司，貨運公司航班或郵局等原因后，買方有權在目的港通過權威機構頒發的認證報告或檢查證明對賣方發起索賠。調查報告應該是正式報告并作為索賠的基本材料。
Buyer: Yes. That means the exported goods should be inspected before shipment, and the imported goods should be reinspected after their arrival.
沒錯，也就是說貨物裝船前應該接受檢驗，貨物到達目的地后應再次進行檢驗。
Seller: Exactly. Do you have any evidence for this matter?
沒錯。你有什么證據能作為證明嗎?
Buyer: Here is the inspection certificate from S.G.S, Qingdao branch, the same surveyor.
我有SGS青島分理處的檢驗證書。
Seller: In fact, I trust S.G.S. very much. If the landed weight certificate is also issued by S.G.S., problems must have happened during the shipment procedure.
說實話，我非常信任SGS這家認證機構。如果是由SGS確認真的缺量，那問題肯定出在運輸過程中了。
Buyer: The shipment of our ordered linseed oil is in bulk and I'm afraid a leakage during long-distance shipment or a shortage when transshipment.
這些油是成批運輸的，恐怕是長途運輸過程中發生了泄漏。
Seller: It sounds reasonable. But we have no evidence. There's another possibility of discharging. I will report this matter to our president at once and we will make complete investigations. We are most faithful supplier. Just take care. All will be clear then.
聽起來是這么回事。但我們也沒有證據啊。也可能是別的原因。我會立馬向總裁報告這件事并立馬組織全面調查。我們是最講信用的賣家。稍安勿躁，真相很快就會浮出水面。
Buyer: We wish it to be solved by both efforts. In case no settlement reached, we will lodge a claim by arbitration.
我們希望通過雙方努力共同解決這件事。為防無法達成一致，我們我提請仲裁。
Seller: OK. Let's stop here today. I will inform you if I have the result of investigation.
好，我們今天就先到這吧。調查結果一出來我就通知你。
Buyer: Thanks for your effort.
感謝貴方的努力。
One day later, Mr. Green comes back after a preliminary'investigation.
一天后，格林先生經過初步調查后通知了張先生。
Seller: Morning, Mr. Zhang. The problem was out of the vessel. The shipping company admitted having found a very little hole on the oil tank after discharging. The shipping company expressed his apology for the loss by their carelessness. Our insurance company is consulting with the shipping company for relative compensation accordingly. How much will you claim for compensation?
早上好，張先生。問題是出在運輸船上。船運公司承認在卸貨時發現油罐上有一些小孔。他們對因自己的粗心大意造成的損失表示了歉意。我們的保險公司正就此事和船運公司商討相關理賠事宜。不知貴方索賠多少?
Buyer: Glad to hear that. By careful calculation, our claimed compensation is USD55,000.00.
很高興聽到這樣的結果。經過仔細計算，我們索賠55000美元。
Seller: It would not make you suffer so much loss. Your claim of USD55,000.00 is unacceptable.
你們不至于損失這么多。我們是不會接受這么多索賠的。
Buyer: In fact, the loss caused by short weight is more than USD55,000.00, but for the sake of friendship, we only lodge a claim of USD55,000.00.
實際上，我們的損失不止55000美元，我們是看在交情的份上才索賠55000美元。
Seller: What you said makes me confused. I don't know why you suffer a loss more than USD55,000.00. According to our contract, the price is USD620.00/MT, the short weight is only 80MT, your loss should be no more than USD49,600.00.
我聽不太懂你說的話。我不知道你們的損失怎么會超過55000美元。合同上的價格是620美元每噸，可是缺量才80噸，你們的損失最多也應該是49600美元罷了。
Buyer: But, Mr. Green, this difference can't represent our loss caused by short weight. As you know, linseed oil is selling extremely well in our market this month and we can't supply the goods our customer ordered. We will have to cancel some orders and make compensations. Added the profit we should get, USD55,000.00 is a lower claim.
但是，格林先生，這不能代表我們因為缺量造成的損失。你也知道，亞麻籽油在我們的市場上非常暢銷，我們無法為買家提供足量的商品。我們不得不因此取消一些訂單并進行賠償。這些賠償加上我們應得的利潤，55000美元還算少的了。
Seller: Do you mean that your compensation to cancelled orders is your loss caused by our short weight?
你的意思是說你們因為取消訂單而賠付的費用是由于這次缺量造成的?
Buyer: That's the fact. (Taking lists of orders cancelled out of the drawer) We are faithful to compensate the cancelled order. We probably lose this customer because of short weight. Our loss is absolutely more than USD55,000.00.
這是事實。(從抽屜里拿出取消訂單的買家清單)對于賠償這些被取消訂單的買家我們無話可說。我們就是因為貨量不足才失去了客戶。所以我們的損失絕對不止55000美元。
Seller: I'm very sorry if that's the case. As a matter of fact, we suffered a great loss this time. We accept your compensation request and wish for your second order.
如果真是這樣的話，那我對此表示莫大的歉意。實際上，我們這次也經受了不小的損失。我們接受貴方的索賠要求并期待我們下一次的合作。
Buyer: Thanks for your quick decision, and your cooperation is highly appreciated. The second order will be placed as soon as the compensation is concluded.
感謝你的快速決策和你的合作。賠償款一到我們就能再次合作了。
Seller: This matter involves the shipping company and the insurance company. We will deal with this matter as soon as we can. Sorry for inconvenience caused to you.
這件事牽扯到船運公司和保險公司，我們會盡快處理。由此造成的不便請諒解。
Buyer: It is out of our control of both parties. But we can get some experience from this matter. A successful business is based on careful consideration. See you.
這是你我雙方都料想不到的事，但我們能從中吸取教訓。深思熟慮是事業成功的基礎。再見。
Seller: See you.
再見。