Law of small tiger general
Later if lost express
Not was anxious again
Want to save power of evidence, rational thought!
The person that should say the net is bought people the most enchanted hour
That is the instant that tears open express surely
But express does not come tardy
Check already lost unexpectedly!
This is a thunder from the clear sky simply!
Who will buy sheet for this?
How should buy sheet again?
An express of Guangzhou lost case of claim for compensation recently
Gave out to this the answer...
Basic details of a case
Mr Li is the merchant of inn of the net that clean out treasure of fittings of a mobile phone, pass Y for a long time fast give a company to send goods to the client. On November 13, 2016, mr Li has a batch of goods to need to send the golden young lady of area of cropland of Shenzhen city blessing, paid freight 43 yuan, but Mr Li did not have support value to goods at that time.
On November 20, between 30 date, mr Li passes Y for many times fast give company official net to inquire express content spreads information, finding sheds information to did not produce change all the time. Classics plum gentleman for many times with Y fast give a company to have negotiation, on January 12, 2017, y fast give a company to admit and inform Mr Li goods to be lost in carriage road.
Because Mr Li did not have support value to goods, according to fast the reverse side that give sheet " domestic express delivery serves an agreement " agreement, right not support value article can not exceed 300 yuan according to highest compensation only / the standard of the ticket undertakes compensatory. Mr Li does not agree with Y fast the compensatory plan that gives a company, after bilateral classics talks things over for many times not if really, mr Li provides shape to sue to the court, requirement Y fast give a company to recoup a loss according to the real value of goods.
The controversy focus of this case depends on:
Y fast give a company fast of the account on the reverse side that give sheet " does domestic express delivery serve an agreement " in about " not doesn't highest compensation exceed support value article 300 yuan / ticket " is the clause effective?
How does the actual loss of Mr Li decide?
Juridical result
Mr Li to the flower the court carries those who remove carriage contract issue to appeal to, requirement Y fast give a company to because goods loses the actual loss that cause,compensate for its 37238 yuan. Y fast the goods that gives a company to approbate Mr Li to send is mobile phone fittings, but real to the goods that Mr Li place holds value does not grant to approbate.
In front courtyard careful, mr Li weighs Y fast give a company never fast give the reverse side " domestic express delivery serves an agreement " Xiang Jijin explains a specification too all right, its also were not in " sender signs " office sign. Y fast give a company to advocate its are pulled member come to close when all meet whether does oral inquiry sender need support value.
Flower the court thinks via cognizance, about Y fast give a company " not highest compensation does not exceed support value article 300 yuan / ticket " the issue with whether active clause, y fast give (the detailed information is only) for Y fast give company proper motion to make, this clause belongs to the format clause that absolve or limits its liability.
Basis " contract law of People's Republic of China " thirtieth 9 regulation, y fast the provision that passes a company to should adopt logical way to submit to to Mr Li attention is absolved or limit its liability, according to the requirement of Mr Li, give to this clause specification. Mr Li was not in Y fast give (the detailed information is only) " sender signs " one pen sign one's name, y fast give company company to also did not offer other evidence to prove its already adopted logical way to be opposite this clause undertakes demonstrative to Mr Li, reason foundation " contract law of People's Republic of China " the 40th regulation, this clause is invalid. Y fast give a company to should undertake according to the actual loss of Mr Li compensate pays.
Mr Li cleans out treasure to trade to what the court offers chatting record of sheet of scheme of chatting check scheme, stock up check, replenish onr's stock, small letter, pay treasure to turn Zhang record and clean out treasure to order goods the evidence such as the record has formed complete evidence chain, mr Li has used up the quote obligation that answers to its, the evidence that the court provides to Mr Li gives collect a letter, the actual loss that confirms Mr Li is 30964 yuan. Mr Li advocates actually border loss is 37238 yuan, but fail to provide evidence of value of other replenish onr's stock, answer to bear consequence of law of corresponding quote incapable to this proper motion by Mr Li.
On put together, flower bilateral evidence and relevant law provide forensic basis, adjudicative Y fast give a company to recoup a loss to Mr Li 30964 yuan. After first instance is adjudged, y fast give a company to refuse to obey mention appeal, the court decision after classics of court of Guangzhou city intermediate people is tried rejects Y fast the appeal that gives a company, maintain original judgement.
Special remind
In practice, after produce express to lose or marring incident, major express business can urge applicable our country " law of post of People's Republic of China " the 47th the first (2) regulation, according to " do not exceed a collection endowment cost 3 times " undertake compensatory.
However, the express business that is not postal company to be engaged in is not business of postal and general service, cannot direct and applicable our country " law of post of People's Republic of China " in the regulation that compensates for about limitation. To what lose not support value express, when express business is assuming damages responsibility, answer by our country " contract law of People's Republic of China " wait for civil law to adjust.
Relevant law
" contract law of People's Republic of China " thirtieth 9, the 40th regulation, use format clause to conclude of the contract, the one party that offers format item ought to abide by fair principle to determine the right between party and obligation, adopt logical way to submit to to attention of the other side is absolved or restrict the item of its responsibility, according to the requirement of the other side, give to this clause specification, otherwise this clause is invalid.
The 312nd regulation, carrier is right of the goods in carriage process mar, destroy break assume damages responsibility; The damage of goods, destroy the compensatory specified amount that lose, party has an agreement, agree according to its; Ambiguous without agreement or agreement, according to consign or ought to the computation of market price case that the goods when consign reachs the ground.
Accordingly, if consumer has sufficient evidence to be able to prove what to deliver the goods value that place, although do not have support value, also should win cost price compensation.
The express business with better reputation should choose when sending express, read express sheet carefully, the clause in the reverse side, understanding concerns compensatory provision, good according to carrying sheet fills in article is relevant information, if express article is belonged to relatively jewel tastes best choice to have support value, save the relevant evidence such as proof of value of good express sheet, goods, the content that always pays close attention to express sheds a circumstance, once happen to express is lost or be marred, should get in touch in time with express business and undertake negotiation, do not talk things over, but according to actual condition to people court to lodge a complaint, so that safeguard the legitimate rights and interests of oneself better.
What be worth to be carried additionally is, the State Council was announced on March 2, 2018 " express is provisional byelaw " , first administrative regulations of industry of this normative express already was carried out formally at rising on May 1, 2018.
" express is provisional byelaw " had two-way tie to consumer and express business, requirement user sends express to must undertake real name is registered, the damage to express and missing waited for a phenomenon to also provide compensatory system accordingly, establish the basic standard of express support value, business of specific requirement express and sender decide liability to pay compensation according to support value regulation of the agreement, the enterprise should fill in in sender carry Chan Qianming informs support value regulation truly, allow an enterprise to ask sender is right valuable support value.
Fill of this one regulation our country " law of post of People's Republic of China " set the mail support value, blank that did not provide express support value only, it is a country to normative express service industry brand-new breakthrough.
