The insurance price is 3,000 yuan Debang only lost 350 yuan follow -up: compensation 900 yuan to achieve reconciliation
Author:Network Time:2022.06.25
Xinwang, June 25 (Reporter Lu Yanrong) On June 21, Xinwang reported that the express delivery sent by Mr. Dong was damaged during the transportation process. The four machines were damaged by three insured 3,000 yuan Debang for only 350 yuan "). Recently, the Xinwang (0532-80889431) learned through Mr. Dong that the solution given by Debon Express at present is 900 yuan to compensate Mr. Dong, and the two parties have reached an agreement on the plan. Xinwang was informed that a court had ruled that the loss of goods was lost during the express transportation, and eventually the courier company compensated the full amount of the loss of goods.
Two machine compensation 900 yuan Debon has negotiated with consumers
In April, Mr. Dong, a citizen, sent 4 vertical fan to Shenzhen's customers through Debon Express. Three damage occurred during the transportation. After learning about the situation, Mr. Dong contacted Debang Express and said that he had insured 3,000 yuan. In view of the degree of damage, Debon Express compensated his 1,500 yuan in losses, and Debon said that he could only pay 350 yuan. On June 24, Xinwang learned through Mr. Dong that in recent days, Debon Express has contacted him and said that he re -fixed damage to the damaged goods. The final compensation amount was 900 yuan. "The express company said that the machine that has been signed is too long, so it can only be at the price of the two machines, 350 yuan each, plus the permissions of 200 yuan for me, so that a total of 900 yuan ","
Mr. Dong told Xinwang that Debon Express told him that 900 yuan was the highest amount that the company could apply for and could no longer apply to the superior department. Regarding the response given by Debon, Mr. Dong thought that the matter lasted for a long time, so he agreed to the 900 yuan compensation plan given by the other party.
Cargo loss standards based on market price as a reference
A machine claim is 350 yuan, and can apply for the permissions of 200 yuan. How does Debon Express be fixed? Is there a relevant basis for the basis? With a question, Xinxin.com once again contacted the Debon Express Shenzhen claims center. The staff said that the fixed loss of the goods did not have a clear standard, but was formulated according to the market price. "There is no detailed standard for cargo loss. Different products have different channels and sources. Customers cannot give us 100 % of the price of materials in the machine, so they can only be determined by the market price." For the fixed loss price, the customer can accept it. If it is not acceptable, it needs to be negotiated again, so that the customer provides more detailed value details and then communicates.
The staff member told Xinwang that the goods of Mr. Dong were compensated in accordance with the damage of the two machines. According to the case damage displayed by the photo, the compensation amount was 450 yuan per unit according to the approximate proportion and market price. "According to the regulations, the customer should feedback the damage within 48 hours after signing the goods, but the machine that Mr. Dong has signed the machine has been dragging for too long. There is no obvious damage, and the time is over, we can't handle it. "
Lost the underestimated Apple Mobile Court Court of Courier Courier Company Compensation
In recent years, with the rise of the e -commerce era and the impact of the cause of the epidemic, the public depends on online shopping, and the disputes of damage and loss of goods like Mr. Dong during transportation are endless. It should not be the "only standard" for the courier company's claims, but a "insurance" for consumers.
Xinwang was informed that in 2015, a court had accepted such a case. College student Xiao Liu mailed an Apple mobile phone to Weifang's classmates via a courier company. On the same day, Xiao Liu handed over the courier and the mobile phone to the courier Yang. The next day, Xiao Liu answered the phone call from his classmates, saying that there was no mobile phone in the goods delivered in the courier, so he refused to accept the express delivery. Subsequently, Xiao Liu Lian went to the express company. The other party admitted that the mobile phone had been lost during the transportation, but because Xiao Liu did not guarantee the price when the goods were sent, the courier company could only compensate 500 yuan. In order to protect his legitimate rights and interests, Xiao Liu will sue the courier company and the courier Yang to court together.
In the first instance, in order to prove that the goods they sent were Apple mobile phones, Xiao Liu submitted online repayment records, purchase invoices, courier companies internal contact forms and applied for witnesses to testify. I send an Apple phone. Therefore, the court supported the courier company compensated by Xiao Liu, and the court supported it to judge the courier company to compensate RMB 5288. After that, the courier company appealed, but the court maintained the original judgment due to the fact that the appeal could not be established.
Judge said: How to compensate the goods without insured?
The goods are lost without insured. Determine the liability for compensation in accordance with the company that operates the company and the sender agreed in accordance with the provisions of the premiums agreed by the sender; and determine the liability for compensation in accordance with the relevant provisions of civil law. The judge pointed out that in accordance with Article 577 of the "People's Republic of China": If the parties do not fulfill their contractual obligations or do not meet the contract obligations, they shall bear the liability for breach of contracts such as continuing to perform, taking remedial measures, or compensation losses. In this case, Xiao Liu and the Express Company formed a transportation contract relationship, and the relevant provisions of the "People's Republic of China" should be applied. Faced with various disputes in express transportation, how should consumers protect their legitimate rights and interests as consumers? Consumers suggest that consumers should choose business licenses and other operating procedures such as complete, legal freight and courier companies, and choose to be as large as possible, standardized management, and standardized management. Good market reputation freight and courier companies. At the same time, we must carefully read the courier order, the commitment on the freight list, and the contract agreement on the back. If you find the clauses that are unfair to consumers, you can request a modification or other courier companies to avoid the difficulty of refund the compensation after losses. In the case of existing courier charging model, when courier items are valuable, consumers should insured. If the insured price is not carried out, you should pay attention to the agreement on the value of the item in the contract. After handling the cargo consignment procedures, you must keep the vouchers such as invoice and receipt in order to prepare for disputes. After receiving the goods, you should check the goods in time to check whether the outer packaging is damaged and whether the goods are lacking. No matter how busy the other party is, do not sign first and then accept it. Once the goods are found to be lacking or damaged, they should immediately propose to the express delivery company and their staff to retain evidence to take pictures in person or sign quality issues in the recovery order.
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