12.2　Claim索赔

A claim clause is also necessary for an international contract.It should normally specify which inspection is taken as final,the allowed period for lodging a claim,the type of inspection certificate to support the claim and the institution that is authorized to conduct the inspectionand issue the certificate.In case the goods delivered are inconsistent with the contract,this clause allows the importer to lodge a claim against you,the carrier or the insurance company.But it has to be filed within the prescribed time limit and supported by the result of a re-inspection conducted by the agreed-upon inspection institution in the contract.If you are proved to be liable,and the claim is filed within the allowed period,you may consider one of the following ways for a settlement:replacing the faulty goods; giving the importer a discount;or refunding the importer for his/her direct losses or expenses.Please note,however,even though most claims are lodged by the importer against the exporter,the opposite is equally possible.For instance,you may lodge a claim against the importer for late booking of shipping space under Incoterm FOB,or for delayed taking delivery of the goods.

Sometimes,a penalty clause is needed in a contract to further bind both parties to perform certain important contractual obligations,preventing certain behaviors such as non-delivery,delayed delivery,delayed opening of L/C,delayed taking delivery of the goods,etc.To sum up,whoever violates the contract must pay a fine.Notably,however,this type of clause is invalid and unenforceable under the jurisdiction of common law system.