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发表于 2016-3-2 22:38:48 | 显示全部楼层 |阅读模式
【外贸工夫篇】面对客户提出索赔,应该如何与工厂协商?
外贸这几年,接到过客户大大小小的索赔不下三十次。很多业务员面对客户提出索赔,根本就不知所措。
不少业务员都是带着生气责备的口气,告知客户因为质量包装原因索赔XXXX美金,费用工厂承担。也确实很多工厂迫于无奈,交了高额学费,付出惨痛的代价。
面对客户的索赔,最重要的是稳住心态,千万不要自乱阵脚!
1核实客户说的情况是否真实,注意搜集证据
很多业务员收到客户索赔邮件后,什么都不考虑就抓起电话给工厂批评臭骂一通,这真的是属于无脑的行为!
99%的工厂都会说:不可能,我们的质量/包装一直很注意,从来没有被客户投诉过,绝对不可能出现问题。你百口莫辩。
这个时候,首先不要先告知工厂索赔的事情,先联系客户,索要照片等相关材料。耳听为虚,眼见为实。
We are very surprised to hear that news. Sorry for the inconvenience caused by this.
I've report this to our factory manager, now we are going to have a meeting to discuss this problem. Could you please send us some photos then I could show them in the meeting ? We need to find out the reason and will discuss the solution.
Thanks in advance.

2拿到实际的证据之后,联系工厂,告知情况,要求尽快查明原因
给工厂打电话也好,写邮件也好,都必须要预先好好考虑,应该怎么沟通。
举个例子:
客户因为产品质量问题索赔,要求索赔 2500 美金,客户发来多张照片,确实此批货存在做工上的问题,很多产品脱筋了。于是,我考虑了一番后,先给工厂打电话。
“张总,上次出的那批货客户投诉有质量问题,很多货大面积脱筋了。客户要索赔货值的30%(3500美金)。客户说等会拍照片发过来,您看怎么处理?”
“等你收到照片,发过来给我看一下,我再跟你说。”
然后过几个小时后,写一封邮件给工厂,附上客户发来的照片,正文中把客户的索赔原文稍加处理粘贴上(2500USD改为3500USD,客户的口气改的生气些,加些感叹号,给一些语句标上红色),然后在英文的下面,原原本本的写上中文释义,语言用词上不要过渡引申和渲染,原原本本的体现口气,感叹号和标注红色即可。
邮件的最后,要求工厂立即配合调查原因,回复客户。
工厂张总受到邮件后,立即安排相关人员去排查生产记录,调查当天负责生产的工人,调查原材料购入记录之后查得原因:
上一批采购的橡筋,换了一个供应商,弹性没有之前的好。(质量把控的问题)
工厂如实告知了原因后,并且说到客户的赔款数额太高,麻烦尽量和客户解释情况。

3慎重地回复客户的索赔邮件,表达歉意,解释原因,给出解决方案,争取降低赔款
我考虑了一下,认认真真地回复客户邮件:
首先表示非常抱歉,其次说明: 原因在于我们的原材料供应商前两个月更换了新的机器,由于新机器的磨合期还没有过,生产出的橡筋不是很稳定。
( 这里注意:有些时候犯的一些“低级错误”不要直接就原文不动地发给客户,发过去你考虑一下,客户对你的公司是什么样的印象?所以,适当的组织措辞很有必要。)
针对这次的质量问题,公司非常重视,专门召开了会议,所有生产相关的部分负责人都参与检讨工作上的不足。
(最终提出解决方案) 新的机器不再立即投入生产,公司派专门的技术人员进行调试磨合,磨合期过后,再投入正式生产。
索赔金额方面,我方损失太多。产品本来就利润很薄,因此恳请客户考虑一下长期的合作,能够适当降低一些赔款,不影响之后的合作关系。
客户回复邮件,他也希望这次的事件不会影响到合作关系。但是他的老板说最少必须赔付2000美金。

4积极和工厂联系,表现出努力和客户沟通争取降低赔款
我又打电话给工厂张总,告知已经把情况都解释给客户了,但是客户态度非常强硬。一定要索赔3500美金。
“这样,您先别急,这两天我会好好跟客户谈谈,希望能够有些回转的余地。”
张总感激地连连说道:“拜托了!”


5虚心承认责任在于我方,会尽快妥善安排并答复
我回复客户:感谢理解和信任!责任确实在于我们,我们正在积极调查,一定尽快给出答复。
注:这里有些业务员会务求和客户商量,赔款从下一个订单货款中扣除。我也曾经和一些客户这样谈过,但是有很多客户并不太能理解一个问题要放到后面再解决的态度。
我的很多客户回复不能接受这么做,更有的客户说:
Don't make things complex ! You should show the respect and sincerity in this order, NOT FUTURE ORDER !

6给工厂一些意外的惊喜
隔了两天后,我再次给张总打电话,口气喜悦(通电话的时候,哪怕你笑笑,对方也是能感受到的):
“张总,我这两天天天给客户的老板打电话,说好话求情,客户口气放软了一些,客户公司老板说考虑到今后还想继续合作,同意降低一点索赔金额,3000美金。”
“太好了!这次的教训太大了,以后我们一定注意控制好质量,绝不会再出现这样的问题!”
“谢谢您的理解!我知道你们这次损失很大,可是质量出现问题,我也没有办法!错了就是错了,很多时候我没办法跟客户讨价还价,借口多了,客户可能会很反感不跟我们合作了!”
“恩,是的。那就这样吧,这次就当花钱买个教训吧!真是谢谢你!”
“应该的,谁都不想出现这样的问题。有什么新的进展,我再及时通知您!”
然后又过了两天之后,我再次给张总电话,口气更加喜悦:
“张总,这两天我和客户商量了半天,希望可以再降低一些赔款。客户说如果我给他更好的支付方式,他就想办法和他们老板减少赔款。我和公司领导商量了一下,我们都觉得做为合作伙伴,遇到困难的时候应该帮一把渡过难关。我们最后给客户预付款由30%降到20%,尾款船快到港前十天付款。作为条件,客户也最后同意了索赔金额从3000美金降到2500美金!”
“太感谢了!我这两天都为这个事情愁的睡不着觉。损失少一点是一点!”
“这次确实损失不小,下次一定要注意了。另外,我跟公司领导商量了一下,这个订单本来利润就不多。作为长期合作的伙伴,这单我们就抱着不赚钱的打算,帮您承担500美金。发生这种情况,谁也不想看到。我也只能做这么多了!希望这个事情尽快能够顺利解决。”
“太好了!过两天我亲自去你们公司去一趟,登门道歉!另外你下次来我这边,我要好好表示一下感谢!”工厂千恩万谢。
最后,工厂按照2000美金的赔款,在货款中扣除了。从此之后,我每次去工厂都热情招待,打样品也很积极配合。


7让工厂签订质量保证书
为了避免再次出现以上的质量情况,起草一份正式的质量保证书很有必要!
为以后处理类似问题,增加谈判的筹码和保证。也能让工厂足够重视你的货的质量。
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 楼主| 发表于 2016-3-2 22:39:49 | 显示全部楼层
如何向海运承运人索赔
一、索赔时效

进口的货物抵港后,收货人应迅速报关,并根据提单、箱单所列情况,查货验货。如发现货物存有破损、短缺及规格不符等问题时,保留现场并在货物验货后之日起3日内书面通知承运人,声明保留索赔权;如系货物迟延,应在货物运到后14天内提出。同时,应忙联系口岸检验机构,依法申请检验和现场鉴定,判断原因,取得相关证明,确定责任归属,向有关责任方提出索赔。其中,确系承运人责任的,应道德向承运人索赔,因为向承运人索赔的有效期限较短。

按商业惯例,向承运人索赔应在船舶到港后14天内书面提出。其索赔时效通常为货物到达目的港交货后的一年内。《海牙规则》、维斯比规则》等也规定为一年,但经船货双方协商后可以延长。另外,在一年期满后,如果在受理该案法院的法律允许期间内,承运人至少仍有3个月的期限,向第三者提出赔偿诉讼。《汉堡规则》将诉讼时效延长至2年,包括托运人或收货人向承运人起诉或相反的诉讼。

二、索赔单证
  
1、索赔函件。

2、索赔清单。根据损失的程度和致损的原因,确定对外索赔的比例,按到岸价格计算损失金额,编制索赔清单,并提供运费和保险费收据。

3、提单。正本或影印件。

4、商业发票装箱单或磅码单。

5、商检机构出具的检验、鉴定证书。

6、船方、港务管理部门出具的文件,货损货差证明、海事报告、大副签证、破损短缺证明等。

7、费用的证明单据。

8、其它必要文件,如火灾鉴定报告、卫生或动植物检疫证明及保函等。
  
三、责任期间和理赔期限
  
《海牙规则》规定了承运人的责任期间,是从装船到卸船,即“钩至钩”;《汉堡规则》扩大为自接受货物时起,到音乐会货物时止,包括港至港,集装筱堆场到堆场,或集装箱货运站。

我国《海商法》第四十六条规定,承运人对集装箱装运货物的责任期间,是指从装运港接收货物时起,至卸货港音乐会货物时止,货物处于承动人掌管之下的全部期间。承运人对非集装箱装运货物的责任期间,是指从货物装上船时起至卸下的全部期间。在承运人的责任期间,货物发生灭失或者损坏,除另有规定外,承运人应负赔偿之责。
  
承运人的理赔期限,《海牙规则》和《提单条款》均规定为一年,《汉堡规则》规定为两年。理赔期一般是从货物卸毕日期起算。
  
四、索赔金额及赔付办法
  
赔偿金额和赔偿办法应本着实事求是的态度来确定,总的原则是赔偿金额应与损失额(含利润等)相等。承运人在处理索赔时,其理赔原则是按照有关国际公约和提单中的责任限制条款项下的规定来执行的。
  
中国远洋运输公怀提单条款,规定赔额仅限于每件700元人民币,即使托运人声明价值或有特别协议,其赔额也不会超过货物本身的价值。 

《维斯比规则》和汉堡规则》均规定,如果一个集装箱或一个托盘,在提单内如载明所装货物的具体件数,则以一个集装箱或一个托盘作为一件赔偿。
  
承运人只裣货损货差的直接损失,并不负间接损失的赔偿之责,至于这部分间接损失,由贸易双方协商解决。 

同时,每件货物的赔偿,都有一定的限额,承运人往往并不能足赔。对承保的货物,承运人不予赔偿的损失或赔额不足的部分,确属保险公司的责任范围内的,应由保险公司赔村。按习惯做法,属于承运人和保险公司责任的,统一由外运公司代办。
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 楼主| 发表于 2016-3-2 22:41:30 | 显示全部楼层
1.投诉货物质量欠佳
Dear Sirs,
              OUR INDENT NO.538:BLACK SERGE
We should like to draw your attention to the defective goods shipped by the M/S“Sunlight”on 23rd July.?
Upon unpacking the cases, we found that the quality was much inferior to the sample on which we approved the order. Moreover the length of each piece is short by approximately 5 meters.
After examining the enclosed cutting samples we sent as evidence from the Lloyd’s Survey Report,we are sure you will agree to the inferiority of the goods.?
We are now in a very awkward situation, because our customers, who have been very strict about the quality, are very impatient to take delivery of the goods.
We hope that you will immediately take this matter into your careful consideration and favor us with a prompt solution by return call.

Yours faithfully,
Jack
Business Manager


2.投诉产品数量不足
Dear Mr. Green:
The cargo of two hundred units of your portable computers has arrived in New York. Unfortunately, however, our inspection showed that eleven units were missing their connection cords. Attached is the report made by the surveyor who inspected the cargo. As you can see from the report, the eleven cords were already missing at the time the units were packed at your factory.
Please send us the cords free of charge and as soon as possible, and no later than March 20.We await your favorable reply.

Sincerely,

3.投诉收到货物与订单不符
Dear Mr. Green,
The goods we received on July 15 were found not to match our order. The goods we ordered were Item No.2345,whereas the goods received were Item No.2354.
We cannot understand how this kind of mistake could occur at your end. We have decided to ship the goods back to your company by freight at your expense and we ask that you refund the US $15 000 which we have already paid you. Please remit this amount to our account(A/C No.1012379)with The Midori Bank, Ltd. Minato Branch, Tokyo. Please note that we hereby also reserve the right to claim any damages arising out of your wrong shipment.
A quick refund will be highly appreciated.

Regards,


4.抱怨包装不良
Dear Sirs,
We regret having to inform you that the Cotton Goods covered by our Order No.6031 and shipped per S.S. “Peace”arrived in such an unsatisfactory condition that we cannot but lodge a complaint against you. It was found, upon examination,  that nearly 20% of the packages had been broken, obviously attributed to improper packing. Our only recourse, in consequence, was to have them repacked before delivering to our customers, which inevitably resulted in extra expenses ?amounting? to £650.We expect compensation from you for this, and should like to take this opportunity to suggest that special care be taken in your future deliveries as prospective customers are apt to misjudge the quality of your goods by the faulty packing.

Yours faithfully,


5.对所称包装不良的答复
Dear Sirs,
We have for acknowledgement your letter dated March 11 and are sorry to note your complaint respecting the Cotton Goods we sent you by S.S. “Peace”.We can assure you, however, that the goods in question were in perfect order when they left here, hence the damage complained of must have ?occurred? in transit. In these circumstances, we are apparently not liable for the damage and would advise you to claim on the shipping company who should be held responsible.
At any rate, we deeply regret to learn from you about this unfortunate incident and should it be necessary we shall be pleased to take the matter up on your behalf with the shipping company concerned.

Yours faithfully,


6.首批到货不合格,保留索赔权
Dear Sirs,
Subject: Wheat Midges
We regret to advise that the first lot of the wheat dispatched on July 14th,2006, against our Purchase Contract No.156 has been examined and found to contain wheat midges. The Commodity Inspection Bureau has carefully examined the quality of the wheat and found it is far below the standard stipulated in the Contract. The Inspection Certificate will be airmailed to you as soon as it comes to hand.
Please look into the matter at once and take urgent measures to ensure that nothing like this will happen in the second and the third lots.
The storage of this lot causes us considerable difficulty and hamper us in our efforts to dispose of it. We consider ourselves entitled to an allowance for the loss we have to suffer. Hence, we reserve our right to lodge a claim against you.

Yours faithfully,


7.对商品质量不满,要求补救
Dear Sir,
On 5th October I bought one of your expensive“Apollo”fountain pens from Julian’s, a big department store of this town. Unfortunately I have been unable to use the pen because it leaks and fails to write without making blots. I am very disappointed with my purchase.  On the advice of Julian’s manager I am returning the pen to you and enclose it with this letter for correction of the fault.
Please arrange for the pen to be fixed or replace it with a new one and send it to me as soon as possible.

Yours,Mary


8.处理质量不满的投诉?
Dear Mary,
Thank you for your letter of 9th October enclosing the defective“Apollo”fountain pen, received today. We very much regret that the pen you bought has given your trouble.
Normally each of our pens is individually examined before being passed into store and it is hard to understand why this one escaped examination. We have passed your pen to our quality control department for inspection and a report. Meanwhile, we are arranging to replace your pen with a new one.
We extend our apologies for the inconvenience this matter has caused you, but are confident that the replacement pen you will be receiving will prove satisfactory and give you the service you are entitled to expect from our products.

Yours,


9.为送错商品致歉
Dear Harlan,
Twelve wrist watches with a tennis motif were sent today by Priority Mail to replace the watches you received with a golf motif.
You know, Harlan, one would think it would be impossible to make an error like this one. You clearly specified in your order that these watches were to be awarded to winners of the Annual Lakeside Tennis Tournament on August 18.The stock number you supplied was correct. There was no reason for a ship-up at this end, and I can’t even guess how it happened.
I am much relieved, however, that you will have the right watches in time for the awards dinner. I really don’t know what a tennis player’s reaction would be to having a classic golf swing in bas-relief on his prize!
When you get around to it, would you please send the golf watches to me? I’ll pay the postage.

Yours very sincerely,


10.为再次寄错商品规格致歉
Dear Mrs. Green:
Six 48-inch Victory fans are on their way to you. I know because I saw them loaded on the truck.
By this time you must think we take special delight in mixing up your orders—two careless errors in a row. I suppose, judging from these mistakes, if we had had a fourth sweep dimension we would have sent that before getting your order right!
It’s embarrassing to inconvenience any customer, but unforgivable when that customer is so highly valued as you. Red-faced and contrite, I ask your forgiveness and offer you my personal assurance of better service in the future.
Thank you for your patience, and best personal regards.

Sincerely,

11.解释双方都有责任
Dear Mr. Smith:
I am very sorry you did not receive the eight 6-hp Sea Serpent outboards you wanted, and I guess both of us share the blame.
Your order (photocopy enclosed)lists the 7.5-hp motor along with its stock number, yet the price indicated is for the 6-hp motor. Since you’ve regularly ?  ordered? the 7.5,we assumed that this one was what you really wanted and we went ahead and shipped it. We should have checked with you, and I’m sorry we didn’t.
We will, of course, ship the eight 6-hp motors immediately. Do you think you might sell the 7.5s?If so, you may wish to keep them awhile, and if they don’t move,you can return them to us. In any event we’ll pay all shipping ?charges.
I’m delighted you’re having such a good season with the Sea Serpent line. We’ll be ready for your next order; I promise no mix-ups!

Very cordially Yours,


12.调解客户退货
Dear Mr. Green:
Early this week we received 34 one-gallon cans of exterior white Durable paint from you.I assume that you wish us to issue a credit memorandum for ?$261.12.
I am very sorry , Mr. Green, that we cannot allow you full credit on this paint, which you purchased over eighteen months ago. As announced to all our customers, we discontinued the Durable brand last April, at which time we cleared out our entire inventory. We are now handling only Luxor Sheen house paints.
I have a suggestion that may save time and effort for both of us. At the time we discontinued Durable, we marked it down to our actual cost of $5.76 a gallon. We are willing to give you credit for the difference between $7.68 and$5.76—or a total of $65.28.Or,if you prefer, we can return the paint to you for disposal at the price you choose.
Please let me know your decision right away Mr. Green, and I will take immediate? steps to handle the matter accordingly.
We’ve had wonderful success with the new Luxor Sheen line. Dealers are delighted with consumer acceptance—some reporting up to 40 percent increase in paint sales since they took on Luxor  Sheen. We’d be mighty happy to have an ?order? from you!

Best wishes,


13.表示愿意调查事实真伪
Dear Sirs,
We are very surprised to learn from your letter of December 30??th?,2006 that the green beans dispatched November 4,2006 were below the standard stipulated in the contract and that you are reserving the right to lodge a claim against us.?
Naturally we hope that the transaction will be concluded to your satisfaction. Now that you have found the quality of the beans do not comply with that stipulated in the contract, we want to have the problem clarified without any delay. So we have sent our representative to your end to investigate the matter in detail. We would not give any comments before our representative inspects the goods. We will soon let you know the date of his visit and hope you will give him your best cooperation..
You may be assured that the matter will be settled in a reasonable manner to our mutual benefits.

Yours faithfully,

14.调查后做进一步回复
Dear Sirs,
We have got the news from our representative that through his careful study he has found deterioration of a very small part of the green beans delivered November? 4,2006, under the S/C No.AH012.First please accept our sincere apologies for the inconvenience caused to you.
Nevertheless, as you may be aware such deterioration can hardly avoided during the long period of transportation and storage. We hope that you will not take this case as a breach of the contract and refrain from making any claims against us as the loss can be negligible, and you know well, in fact, we have delivered more quantities than that stipulated.
Please be assured that in our future business, we will take great measures to ensure nothing like this to happen again.

Yours faithfully,

15.破例进行理赔
Dear Mr. Green:
Here is our credit memorandum for $521,which covers the returned shipment of Family lawn chairs($477.80)and shipping charges($43.20).
Although the chairs we sent you seem to be the ones listed in your April 7 order, perhaps they are not what you had in mind. I’m sending you a copy of your order, together with a ad sheet of the Family line, so that you may check. Because we think there might have been some misunderstanding, we are paying the return shipping charges, which we don’t ordinarily do.
The important thing, of course, is that you have a stock of lawn chairs to meet your summer needs. Be sure to place another order soon so that you may have them for the first warm day. Separately I am sending you a section from our general summer furniture catalog; you might be more interested in the new Easy-Fold line(pages 18~22),which is fast becoming our best seller.
Let me know, please, how I can be of further help. By the way, we can ship your next order the same day it is received.

Sincerely Yours,

16.拒绝理赔?
Dear Ms. Black:
When I talked with you on the telephone about returning the 16 reproductions in our Art Master Series, I said that our policy is to accept for full credit all items returned in salable condition.
The reproductions arrived today and I was shocked at their condition. Apparently, they were stored in a damp place. The pictures are faded and the canvas wrapped, what’s more, the finish on the frames is blistered.
Would you like me to return the reproductions to you? Perhaps you can dispose of them at a special reduction in price. Since we can’t sell them to our customers, the only thing we can do is donate them to local hospitals and charitable organizations..
I’m sorry to disappoint you, Ms. Black, but under the circumstances I am confident that you will fully appreciate my position.

Very truly Yours,


17.说明包装无误,请对方向保险公司索赔?
Dear Sirs,
We have learned from your letter that one case of our shipment is badly damaged. As the goods were packed with the best care, we assume that the case has been roughly handled.
Therefore we ask you to lodge your claim with the insurance company.

Yours,


18.因数量不一致,补运替代品
Dear sirs:
On investigating the matter of your claim, we have noticed a discrepancy between our invoice figure and the quantities you specified.
On the quantities you required, we will ship the replacements at once.
We sincerely apologize for the inconvenience you have been put to.

Yours,


19.通知对方运去替代品
Dear Sirs,
Thank you for sending us the sample of inferior goods for investigation.
We have passed these on to the production department for comment. Evidently through an oversight,some wrong goods were mixed in your consignment.
We have arranged for immediate dispatch of replacements.

Yours,


20.表明愿意为不良品质负责,并支付差额
Dear Sirs,
If you care to dispose of the inferior goods at the best price obtainable, we will sent a cheque for the difference when we hear from you.
We apologize sincerely for the trouble caused to you and will take all possible steps to avoid such a mistake again in the future.

Yours,
21.针对索赔,指责对方订货错误
Dear Sirs,
Your claim is apparently made due to a misunderstanding.
If you look into our quotation you will see that we explained that you had to state our model number in addition to the name of the article.

Yours,


22.应付令人头痛的客户
Dear sirs,
We have been doing business together for a long time and we value our relationship. But recently, we have not been able to provide the kind of service we both want.
The problem is that your purchasing department is changing orders after they have been placed. This has led to confusion and frustration for both of our companies. In several instances, you have returned goods that were originally ordered.
To solve the problem, I propose that on receipt of an order, our sales staff contact you to verify it. If you decide on any changes ,we will amend the order and fax you a copy so that you can check it.
I trust that this system will cut down on delays and errors, and allow our operations to run smoothly

Yours faithfully,
James Brown
Manger



23.改善服务
Dear sirs,
Thank you for your letter of 26 January. I appreciate for the delivery problems you had with us last month.
I have had a meeting with our production and shipping managers to work out a better system for handling your account. We know we made a mistake on your last order. Although we replaced it for you, we want to make sure it does not happen again.
We have devised the enclosed checklist to use for each of your future orders. It includes your firm’s particular specifications, packing requirements and marking instructions. I believe we can service your company better and help your operations run more smoothly with this safeguard.
Please contact us if there are any additional points you would like us to ?include.

Yours faithfully,
Jim Green
Export Manager
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 楼主| 发表于 2016-3-2 22:45:07 | 显示全部楼层
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