5000 yuan diamond package lost courier company will only pay 450 yuan

Abstract The courier company lost the parcel and recognized the value of the parcel. The consignment company demanded that all economic losses be unsuccessful and then filed a lawsuit in court. Recently, after the Zhenjiang Runzhou court explained the law and organized mediation, the courier company took the initiative to compensate the consignment company for all losses, and the consignment company also from the court...
The courier company lost the parcel and recognized the value of the parcel. The consignment company demanded that all economic losses be unsuccessful and then filed a lawsuit in court. Recently, after the Zhenjiang Runzhou court explained the law and organized mediation, the express delivery company took the initiative to compensate the entire loss of the consignment company, and the consignment company also withdrew the lawsuit against the courier company from the court. However, the presiding judge of this case reminded that not all packages are lost, they can get the “full compensation” of the courier company, as the sender must be able to prove the facts of the delivery and the actual value of the goods.

The parcel is lost, the courier company only pays about one tenth of the value of the goods.
According to the court, Zhenjiang Diamond Tools Co., Ltd. has responded to the situation and launched e-commerce business activities early, and has also accumulated some customer resources. Therefore, it is often necessary to send products to customer companies in other provinces. In order to ensure the safety of the product and quickly reach the customer's designated location, Diamond Company chose a well-known domestic courier company.
On August 16, 2014, the diamond company contacted the courier company to pick up the item, and sent the product worth 5,000 yuan to the customer in Shenzhen and filled out the invoice. After the delivery company employee inspects the goods, the shipping fee is 50 yuan. I did not expect that the courier arrived in three days, and the customer still did not receive the goods for more than a week.
As a result, the diamond company found the inquiries of the courier company. After inquiring about the parcel, it was not known on August 19. Helpless, the diamond company had to replenish a batch of products to customers, resulting in a loss of 5050 yuan.
After the reissue, the diamond company asked the courier company to compensate for the total loss of 5050 yuan, and the courier company took out the courier, saying that the above black and white typeface stated that "the company was exempted from the damage caused by the company's negligence. The second shipping cost, if the insurance is not purchased, the maximum compensation for the loss of nine times the freight rate." At the same time, it indicated that the diamond company signed the express delivery note, which indicated that the clause was approved, so it can only compensate the diamond company for 450 yuan.
The diamond company calculated that this was less than one tenth of the actual loss of the goods. Of course, it did not agree. Therefore, it filed a lawsuit with the Zhenjiang Runzhou Court and demanded that the court should award the courier company compensation for all economic losses in accordance with the Civil Law provisions such as the Contract Law. .

Format contract, express order aggravation of consumer liability clause is invalid
The court held that the "Post Law" stipulates that the compensation for loss of express parcels shall be subject to the relevant civil laws, namely the "General Principles of Civil Law" and the "Contract Law". According to Article 311 of the Contract Law: In the transportation of goods, the carrier shall transport the goods safely to the destination. The carrier shall be liable for damages caused by damage or loss of the goods from the time the goods are accepted until the time the goods are delivered. The courier company is the carrier and shall be liable for the loss of the goods.
At the same time, according to the format clause on the express delivery list, the express delivery company claims that the limit compensation is unfounded according to the law. According to the "Contract Law", the format clause on the express delivery note aggravates the responsibility of the consumer and evades the statutory compensation obligation of the express delivery company. Terms.
By approving the above-mentioned legal provisions to the express delivery company, the express delivery company took the initiative to compensate the diamond company for all losses, and the case was quickly resolved, which reduced the complaints of both parties.

Remind whether it is “full compensation”, the sender’s proof is crucial
However, the presiding judge also reminded everyone that not all packages are lost, they can get the full compensation of the courier company, as the sender can also prove the facts of the delivery and the actual value of the goods.
Therefore, the sender should carefully fill in the name, quantity, price, amount, and time of delivery of the courier, and keep the relevant documents in a safe place. In particular, when sending valuables or fragile items, they should be declared in advance and documentary evidence should be retained.
And if you don't want to go to court for compensation, the judge said that the choice of insured valuables for express delivery is also a good choice.

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