In foreign trade, a claim refers to the act of one party demanding compensation from the other party when it suffers losses due to the other party's breach of contract or non-conformity of goods with contractual provisions. Common scenarios include: goods quality, quantity, packaging not conforming to the contract; delayed delivery; non-conformity of letter of credit terms, etc. Claims are usually divided into transportation claims, insurance claims, and trade claims between buyers and sellers. Points to note: Claims must be filed within the claim period stipulated in the contract, accompanied by inspection certificates and other supporting documents; the claim amount should be reasonably calculated, including direct losses and reasonable expenses; the responsible party should be clearly identified to avoid blind claims. Unlike 'settlement of claim', a claim is a demand made by the injured party, while settlement of claim is the responsible party accepting and handling compensation. Compared with 'dispute', a claim is one way to resolve a dispute, but disputes may also involve arbitration or litigation. Foreign trade practitioners should pay attention to the claim clauses in contracts, keep relevant evidence, communicate in a timely manner, prioritize friendly negotiation, and resort to legal means only when necessary.
📝 Examples
1. Because 20% of the goods delivered by your side have quality defects, we hereby file a claim against you, demanding compensation for losses totaling USD 5,000. (Note: The buyer files a claim against the seller due to non-conforming goods quality.)
2. According to Article 15 of the contract, if the seller delays delivery for more than 30 days, the buyer has the right to file a claim, and the claim amount shall be 5% of the payment for the delayed portion. (Note: The contract clause stipulates the right to claim and the calculation method for delayed delivery.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
For unfamiliar terms, use GlobalSync's multilingual email helper to confirm with your partner