After the 230,000 -dollar diamonds were lost, the courier was only willing to pay 70,000?Lawyer said that →

Half a month ago, a parcel from Xiamen to Shenzhen was opened in the middle. The recipient found that the three diamonds in the package flew. The sender said that the diamond had been sold, and the buyer had transferred 230,000 yuan. And SF Express, which bears the delivery of express delivery, said that the three diamonds only kept a total of 300,000 yuan. According to the evaluation, the one lost can only pay 70,000 yuan.

Due to the large differences in the amount of compensation, Ms. Li, the sender of Xiamen yesterday, reported to the reporter of this newspaper, hoping that SF Express would actively negotiate and resolve the matter as soon as possible.

Ms. Li posted it when she sent it.

The recipients have been torn when the recipients are closed.

Three diamonds were sent to Shenzhen and lost a surveillance and found that the courier was unpacked

Ms. Li has been doing jewelry in Xiamen for almost 10 years. She said that on May 30 this year, she intends to send three diamond jewelry to Shenzhen. These diamonds have been sold, and buyers have paid. Ms. Li said that she often has foreign orders and inevitably deal with express delivery. Over the years, she sent jewelry to SF Express, and she has never made a fork.

However, on June 1, the recipient of Shenzhen called Ms. Li, saying that there was one less diamond, and the diamonds packaged in plastic bag were less. This was urgent to break Ms. Li. On the one hand, she checked the photos when she was sent, and on the other hand, she hurriedly contacted SF Express.

"On May 30, I put three diamonds with one plastic bag and two jewelry boxes, then tied up three things, and then put a larger box outside. I took away the courier. "Ms. Li said that after the packaging, she chose to maintain a price of 300,000 yuan for the courier, and she also posted several seals on the courier box.

On June 1, the photo taken by the recipient to Ms. Li showed that the sealing visa had been torn, and the things used to tie the jewelry box and plastic bag were also unlocked. Ms. Li said that SF acknowledged that through monitoring, it was found that the courier had the behavior of opening the courier at the site.

Later, SF's reported the police. Ms. Li learned from the police that after the police ruled out the possibility of theft, they did not file a case. The reporter contacted the police officer of the case of the case of the Kaiyuan Police Station. He said that the details of the relevant case handling were not disclosed.

SF is willing to take responsibility for liability to pay 70,000 sending parties in accordance with the insured price.

SF Express admits that the inner parts are short and are willing to bear their own liability.

Ms. Li provided a purchase document to SF Express, and also provided customers' purchase records, showing that customers bought this lost diamond at a price of 230,000 yuan. "We did not ask the express company to pay at a price of 230,000 yuan, but the 70,000 yuan given by SF is far lower than the actual purchase price of our diamond." Ms. Li said.

Zhang Yongzhi, the head of the public relations department of SF Xiamen, said that between the company and Ms. Li are still in the stage of claim communication, the company will deal with it according to the corresponding laws and regulations. At present Customer consultation.

Zhang Yongzhi explained to reporters how the amount of 70,000 yuan paid was calculated. Article 47 of the "Postal Law" stipulates that the loss of the postal enterprise shall compensate the losses to the email according to the following regulations: If the insured will be lost or damaged according to the email, it will be compensated in accordance with the insured amount; The proportion of the amount of the amount to the email is compensated to the actual loss of the email. He said that the total value of the goods sent by Ms. Li is 560,000 yuan (calculated at the purchase price), but the insurance price is only 300,000 yuan, and the lost price of the lost one is 131,000 yuan. The company is based on the corresponding proportion. Calculate the compensation amount. If Ms. Li's full insurance price is full, she can get compensation of 131,000 yuan.

Ms. Li did not recognize this kind of compensation amount, but she did not want to take a lawsuit to spend energy, as long as she wanted to do everything to find her goods.

【Lawyers' Perspective】

At present, after the express delivery is lost, many express companies use the "Postal Law" terms to respond to customers. Zhang Yiteng, a senior partner of Beijing Kangda (Xiamen) Law Firm, believes that this is inappropriate.

Zhang Yiteng said that the terms of the "Postal Law" are actually only a kind of compensation for the loss and damage of the email. The clause is targeted at "email" and is not aimed at express delivery. Article 84 of the "Postal Law" explains that the email refers to the email of the mail company to the sender when receiving the sender, and the email signed by the recipient when the delivery is delivered. Postal enterprises refer to China Post Group Corporation and its wholly -owned enterprises and holding companies provided by postal services. According to "Enterprise Check", none of the SF Express controlling shareholders related to China Post Group Corporation. Therefore, in accordance with Article 45 of the Postal Law, "Enterprises (called express delivery enterprises) outside the postal enterprise (called express delivery enterprise)", SF Express should belong to express delivery enterprises, not postal enterprises. He said that many courier companies do not belong to postal companies, and should not be lost for express delivery in accordance with the "Postal Law".

The sender and the courier company are legal relations between transportation contracts. If there is a dispute between the two parties, the Civil Code should be applied to adjust. Article 833 of the "Civil Code" 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 shall be in accordance with the provisions of Article 51 of the Law; If it is still not determined, the market price of the goods arrived at the land when the delivery or the delivery should be delivered.

Liu Lijuan, a lawyer of the Law Firm of Shanghai Jintian City (Xiamen), believes that the specific compensation amount of the loss of diamonds should be seen according to the agreement between the two parties. However, in daily practice, such agreements are often formulated based on the relevant content of the Postal Law, and it is also a unilateral format clause. Before the insured price, the courier company should explain a certain explanation. If not, if the two parties are controversial to the insured price, it can be negotiated in accordance with the relevant terms of the Civil Code.

【remind】

It is best to record valuable items for recording and video

In recent years, the loss of express delivery is not uncommon, and in the transportation of jewelry, the operation of many stores is inconsistent. For example, Ms. Wang, the owner of a jewelry shop near SM Commercial Plaza, told reporters that even if the value is high, she will only fill in 5,000 yuan in the insured area when delivery. Filling in the premium is not really considering the loss of express delivery, but to be paid attention to the hope that it can be paid lightly. There are also some jewelry merchants who send valuable jewelry, and choose not to keep the price directly. The reason is that if the amount of preservation is too large, it will often attract attention and make the transportation transportation even more insured.

What issues should citizens pay attention to when sending valuables? The jewelry appraiser and senior buyer Dongfang believes that first of all, you must choose a standardized express company and fill in the courier list in detail to show the value of the item. Even if the courier does not remind the insured price, consumers should try to insure the price as much as possible when sending valuables, and inspect the goods in person with the courier. It is best to have audiovisual records.

When signing the courier, sign after the courier. When consumers send valuables, communicate with the recipient in time to remind the other party to sign the goods after receiving the goods. Once there is a problem with the goods, it is reported to the relevant departments in a timely manner under the premise of collecting the evidence of claims; if it is found that the items are lost, try to confirm the loss in writing with the courier and save the evidence.

Expressing pressure and empty throwing occur, and even violent sorting. For these problems, try to solve it from the express packaging. First of all, the packaging must be firm; second, it must have the ability to resist and fall. Especially for emerald jade jewelry, it is even more important to resist falling. Be sure to fill the gaps in the packaging with foam or paper towels to prevent collision. Generally speaking, after the packaging, shake the courier box. If the jewelry box is not shaking, it means that the gap has been filled.

Some courier companies must write the items category in detail, but if there are no special requirements, try not to write things that look too valuable and too easy to monetize, such as diamond ring, jewelry, luxury goods, etc., can be written as jewelry, crafts and other large categories names Essence

(Xiamen Evening News reporter Zhang Haijun)

- END -