Customer Compensation Intermittence

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📖 Detailed Explanation

Customer Compensation Intermittence is a non-standard term in foreign trade after-sales and claim management. It refers to intermittent compensation claims raised by the buyer during the repair liability period when the seller's delayed repairs, repeated failures, or interrupted supply of spare parts cause interruptions in the buyer's production or sales. It is commonly seen in long-term after-sales contracts for mechanical equipment, electronic products, etc. Its characteristic is that compensation is calculated in segments based on the number of interruption days or occurrences, rather than as a one-time lump sum. Usage scenarios: after-sales guarantee clauses in contracts, claim negotiations, arbitration evidence. Notes: It is necessary to clearly define the start and end time of the 'intermittence', the attribution principle (whether it is the seller's fault), the compensation cap, and whether indirect losses are excluded; it should be distinguished from 'continuous compensation', which targets a single continuous interruption, while this term emphasizes multiple, spaced interruptions. Unlike 'liquidated damages', it focuses more on filling actual losses. It is recommended to stipulate notification obligations, repair response time limits, and compensation calculation formulas in the contract to avoid disputes.

📝 Examples

1. Because your side failed to provide repair spare parts within 48 hours, our production line was shut down three times this month. We now file a Customer Compensation Intermittence claim under Article 8 of the contract, totaling 12 days of production loss. (Demonstrates the use of segmented claims based on the number of interruptions and days.) 2. Both parties agree that if the same fault occurs more than three times during the warranty period, the buyer has the right to claim compensation under the Customer Compensation Intermittence clause for each shutdown exceeding 24 hours. (Demonstrates the trigger conditions for intermittent compensation stipulated in contract clauses.)

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