标题: PIqa9t651K [打印本页] 作者: lo1d43o6p84 时间: 2014-9-23 13:47 标题: PIqa9t651K Mr. Jiang is a mail in delivery lost en route. Mr. Jiang said that he sent the value of 46 million yuan of gold jewelry; For this, the courier company does not agree that the mail is written, "craft", can only be insured amount of compensation. Both sides refused to give the courier company had presented to the court.
Reporters learned yesterday, Furong District Court before the case has been handed down the judgment courier company by insured amount of compensation Mr. Jiang 1.2 million yuan. Mr. Jiang refused to accept the judgment of first instance, has filed an appeal with the Changsha Municipal Intermediate People's Court. Currently the second trial is underway.
Mail lost
Express mail is lost in the mail
What happened last January 30.
The Court has examined the same day Mr. Jiang in Hunan Province Post Express Logistics Ltd. Changsha City Branch (hereinafter referred to as "courier company") delivering the mail and fill out the details of a single. Details of the single convention courier charges 26 yuan, 124 yuan insurance fee, cost a total of 150 yuan, 12,400 yuan insured amount,nike air max 87 hypefuse femme dernière arrivée, trim name "craft." Details on the list "domestic express mail service Precautions" states: "In case of insured mail is lost, damaged or missing, according to the actual value of the loss compensation, but does not exceed the maximum insured amount related messages ......"
Subsequently, the courier company staff will begin mailing the mail sent to the company, but the message was not sent to the agreed schedule on the details of a single recipient address. Upon inquiry by mail process, found that the e-mail sent to Zhengzhou City, Henan Province in the way lost.
Mr. Jiang said that the mail items for gold jewelery, worth 465,359 yuan. But the courier company is only willing to compensate 12,400 yuan in accordance with the insured amount.
The two sides dispute
By insured amount or pay full compensation
Courier company said after the two sides in the negotiation fails, the company has made to court, requesting an order: Confirmation of Hunan Post Express Logistics Ltd. Changsha City Branch and Mr. Jiang mailing contract is valid, and a confirmation email payment amount for 12,400 yuan.
Mr. Jiang said he bought gold jewelry, gold jewelry from the counter staff will be handed over to the courier company mail postman, the postman for mail items inside were counted and packaged sealed, whether insured and the insured amount is gold jewelry After the counter staff negotiated with the postman, its payment by price. "My signature on the list only show the details of the delivery of postal recognition agreement is not approved for mailing; but in the back of the details of a single mail protocol is standard terms, neither explicitly inform the other party to the agreement, but not prominently Tips The agreement should not valid. "Mr. Jiang said that courier companies should bear full liability for lost mail.
First instance verdict
According to the agreed insured amount of compensation 12,400 yuan
Furong District Court after hearing that, after the staff received an e-mail and courier company details of a single, the details of a single fourth-linked to Mr. Jiang, Jiang did not raise objections, considered the content of the fill on the details of a single representation of recognition. Mr. Jiang courier company will deliver the mail is lost, should their damages. The two sides agreed insured amount on the details of a single, considered both the amount of compensation for the loss of e-mail has been agreed, so the courier company claims confirmation payment amount for the legitimate claims of 12,400 yuan.
The Court also believes that Mr. Jiang argued that although mail items for gold jewelry, and provide sales orders, agreements and other supporting evidence,air max leather homme chaussure dernière arrivée, but evidence such as sales orders and purchase behavior can only prove that Mr. Jiang's business activities, can not be proved within the mail items is involved in the sale of single gold jewelry. Then ruling: Courier Post Logistics Co., Ltd. in Hunan Changsha City branch of the amount paid shall be Mr. Jiang was 12,air max 90 homme chaussure dernière arrivée,400 yuan.
Similar cases
Send your computer has received the stone, courier companies lose money
Not long ago, Guo Yuhua District Court had heard similar cases together - sent the computer received is stone. The difference is that the Court of First Instance sentenced responsible for sending a courier company to lose money.
October 2013, Mr. Qu Yuhua District, who lives in the field school niece to buy a computer, and send by STO. A few days later niece called and said, "received was a stone." March 12 this year, Yuhua District Court hearing of the case.
Both sides in the trial had a heated debate on the compensation standards. The defendant's agent believes that Mr. Qu when there is no requirement to send valuables insured,nike air max femme, are not insured for the wrong goods should be in accordance with the terms of delivery orders on the back of a service contract for compensation, which is five times the postage by compensation, namely 150 yuan ; while Mr. Qu said he did not know that you can be insured,gilet en duvet, the courier company did not remind him.
The court held that, Mr. Qu in completing the message signature, does not know the back express a single service contract, there is no review. According to the relevant provisions of the "Contract Law", the court found that the contract is invalid; Hunan Shentong during transport, causing the computer is lost, can not shirk its responsibility, the need to compensate the original price 3980 yuan according to the computer.
The judge reminded
Acceptance leave valuables can shoot video card
"Courier company will be the sender of an e-mail sent after the throw,hogan, should bear the corresponding liability, if then format the terms of the grounds to reduce their liability to consumers is unfair. Moreover, insured courier company uses the terms courier company for re-use and pre-prepared, and at the time of conclusion of the contract,air max ulpha homme chaussure dernière arrivée, if you do not respect the terms of consultation with consumers or to express, then legally speaking, should be invalid format terms. "end Hunan Yuan Law Office Yuan Xiao said that when it comes to these two cases.
With the rapid development of express industry, courier companies lost, damaged, transfer package goods consignment events often hit the newspapers, the contradictions arising from the disputes are not uncommon.
Furong District Court of the Second Tribunal Zhaohui remind people, try to choose the express company when consumers choose a large scale, improve network management norms, the State Post Bureau issued a courier business qualification of the company, but on the express orders to fill in name, value, insured the amount confirmed by the courier company to check, "Consumers must have a strong sense of the evidence, do not bother sending and receiving courier - hair pieces,hogan donna, the express orders of the message content to be completed, we must act in real valuables Price insured, insured items are generally slightly higher than the actual price; When the recipient, must adhere to the first inspection re-sign, the best time to take unpacking video. "
"Whether it is their express acceptance or acceptance on behalf of someone else, you can take pictures on the parcel and courier fixed or shoot video evidence if it is express valuables, but advocates photographed complete packaging process, the details of the video waybill ensure Wan When an item is lost can prove to be 'valuables' If it is worth more than 100,chaussures christian,000 yuan of goods, try not to use the courier. "Zhaohui said.
Related Links
Express lost damaged,
Or insured by the two sides agreed the amount of compensation
Revised "express market management approach" since March 1, 2013 implementation of 20 of these Regulations: In the course of the courier service, express mail (e-mail) delays, loss, damage and trim inconsistent business courier services shall, in accordance with the user's enterprise agreement,giuseppe zanotti sneakers, be compensated according to law. No matter the compensation agreed between the enterprise and the user, for the purchase of insured shipment (e-mail), shall be in accordance with the insured amount of compensation. For non-insured express purchase (mail), according to "People's Republic of China Postal Law", "People's Republic of China Contract Law" and other relevant laws and regulations for compensation.
(Original title: Send lost 460,000 yuan to pay 12,400 gold jewelry )
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