Claim Clause

The Claim Clause is a common clause in foreign trade contracts, used to stipulate the conditions, time limits, methods, and attribution of liability for the buyer to file a claim when the quality, quantity, packaging, etc. of the goods do not conform to the contract. Its application scenarios include: the buyer discovers short shipment, quality defects, delayed delivery, etc., and files a compensation claim against the seller, carrier, or insurance company based on this clause. Precautions: the claim period (e.g., within 30 days after the goods arrive at the port of destination), the basis for the claim (e.g., SGS inspection report), the compensation method (return of goods, replacement, price reduction, compensation money), and force majeure exemption should be clearly specified. The claim clause is closely related to the inspection clause, force majeure clause, and arbitration clause, but the differences are: the inspection clause focuses on determining whether the goods meet the standards, the force majeure clause exempts liability for breach of contract caused by force majeure, the arbitration clause resolves disputes, while the claim clause specifically deals with compensation after breach of contract. In practice, sellers often require limiting the claim amount or require the buyer to provide a notarized report, while buyers need to pay attention to timely inspection and preserve evidence to avoid losing rights due to overdue claims.