120,000 yuan of goods lost only 3 times the freight?

The goods worth 120,000 yuan are lost. Because there is no premium, it can only get 3x fare compensation? Recently, the Ruoxian County People's Court tried a case of a courier service contract dispute.

So, how do you pay for a large amount of goods without insurance?

case

In 2019, Mr. Yang, a resident of Ruoqian County, maild the red dates worth 120,000 yuan, with a freight of more than 8,000 yuan. A nearly 300 parcels were lost shortly after sending red dates in Xinjiang (hereinafter referred to as "Express Company").

After the incident, Mr. Yang claimed more than 160,000 yuan to the courier company. The courier company claims that the courier has not insured, and compensates up to 3 times the freight. Mr. Yang refused to accept the courier company to the Ruodian County Court.

In June of this year, the Ruoxian County Court opened the trial in accordance with the law.

During the trial of the case, the express company confirmed that Mr. Yang's courier parcel was lost, but argued that Mr. Yang did not choose the insured price when mailing the courier. According to the courier service protocol published on the back of the courier company's courier order, the outlets that are not insured can only compensate for losses within a limit within a limit of 3 times the freight.

Mr. Yang said that although the format clause was printed on the back of the courier order, the staff of the courier company did not remind him to insure the price when he mail it, and did not fulfill his obligation to notify him.

After obtaining the consent of both parties, the judge conducted a mediation of the case.

In the end, the courier company agreed to pay the goods compensation of 90,000 yuan to Mr. Yang.

statement

Article 832 of the "People's Republic of China" stipulates that the carrier is liable for compensation for the damage and loss of goods during the transportation. However, the carrier proves that the damage and loss of the goods are caused by force majeure, the natural nature of the goods itself or reasonable loss, and the fault of the shipper and the consignee, and will not bear the liability for compensation.

Article 833 stipulates that if the parties have agreed, the parties shall be agreed in accordance with its agreement; if there is no agreement or the agreement is not clear, it cannot be determined in accordance with the provisions of Article 51 of this law. Calculate the market price of the goods arrived at the land when delivering or delivery. If the calculation method and compensation limit of laws and administrative regulations shall be provided in accordance with its provisions.

In this case, according to its internal regulations, the courier company lost only 3 times the freight and legal basis for the loss of goods. Even if the clause is recorded in a single side of the courier, it is also a format of the format that has not been negotiated and the self -duty. The courier sent by Mr. Yang caused a loss to Mr. Yang and should be compensated.

remind

As a logistics service provider, the courier company should fulfill its own responsibilities. Before sending the goods, the obligation to insure the price of valuable items should be notified in a timely manner, and the consumers will be informed in time. Perform the relevant evidence of the notification obligation. Even if the price is not insured, the courier company still has the obligation to ensure the safety of the goods and deliver it in a timely manner. When it takes the item, it will be damaged or lost due to its own reasons.

When mailing items, consumers should carefully read the details provided by the courier company. Once you confirm the consent of the transportation agreement on the express delivery form, it means that the clause has been known, and it is bound to be subject to this clause. If you mail your valuable items, you must indicate on the courier list. Select the price guarantee method and fill in the amount of price inspection according to the actual value of the item to avoid unnecessary trouble due to the loss of the item.

Pomegranate/Xinjiang Legal Daily Reporter Gu Xueli Correspondent Qi Aqiang

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