Claim Payment

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📖 Detailed Explanation

Claim Payment is an act in international trade where, when one party files a claim against the other for breach of contract (such as non-conforming goods, quantity shortage, or delayed delivery), after negotiation or arbitration, the breaching party agrees to pay a certain amount to the aggrieved party to compensate for losses. This term is commonly found in contract claim clauses, insurance claims, and letter of credit dispute resolution. Usage scenarios include: the buyer claiming against the seller for defective goods; the seller claiming against the buyer for rejecting goods or defaulting on payment; or claiming against an insurance company. Precautions: the basis for the claim (such as inspection reports, contract terms), payment method (wire transfer, letter of credit, etc.), and time limit must be clearly specified; claim payment usually requires a written notice of claim and evidence, and may involve interest and fees. Unlike 'Refund,' claim payment emphasizes compensation for breach of contract, while refund mostly refers to the return of payment due to transaction cancellation or erroneous payment; unlike 'Penalty,' claim payment aims to compensate for actual losses rather than punish. Foreign trade practitioners should ensure that contracts contain clear claim payment clauses and keep documents to support claims.

📝 Examples

1. Due to serious quality defects in the goods delivered by the seller, the buyer filed a claim under Article 12 of the contract, requiring the seller to complete claim payment within 30 days, in an amount equal to 15% of the total contract price. (Note: The buyer claims against the seller for quality issues and specifies the payment deadline and amount.) 2. After receiving the cargo damage inspection report, the insurance company agreed to make a claim payment to the seller to compensate for losses caused by the loss of goods during transportation. (Note: The seller claims against the insurance company, and the insurance company agrees to pay the indemnity.)

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