Compensation

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📖 Detailed Explanation

Compensation in foreign trade refers to monetary compensation paid by the liable party to the aggrieved party due to breach of contract, damage to goods, delayed delivery, quality non-conformity, etc. Its application scenarios include contract breach claims, insurance claims, and transportation loss compensation. Precautions: The amount of compensation is usually calculated based on actual losses, contractual agreements, or international conventions (such as CISG), and evidence (e.g., inspection reports, correspondence) must be retained; it should be distinguished from 'Penalty,' which is punitive, whereas compensation is based on the principle of compensating actual losses; also note that it differs from 'Refund' and 'Discount,' as compensation does not necessarily lead to return of goods or price adjustment. When drafting contracts, the calculation method of compensation, claim period, and dispute resolution mechanism should be clearly specified to avoid ambiguous wording.

📝 Examples

1. Due to your delayed delivery, which caused a shutdown of our production line, we demand compensation of 5% of the total contract amount. (Note: Claim for actual losses caused by delayed delivery) 2. Upon third-party inspection, the quality of the goods does not conform to the sample, and the seller agrees to pay compensation to cover our losses from selling at a reduced price. (Note: Compensation payment due to quality non-conformity)

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