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How to compensate for international express cargo damage?
The "Express Service" postal industry standard issued by the State Post Bureau stipulates that the object of express delivery compensation should be the sender or the beneficiary designated by the sender. According to the provisions of this standard, the sender has the right to sue the express delivery company for compensation. At the same time, according to the "Contract Law", the sender has formed a transportation contract relationship with the express company after sending the express. According to Article 312 of the "Contract Law", the sender has the right to demand that the express delivery company bear responsibility and compensation, and also has the right to sue the court.

The division of legal responsibility in an incident depends first on whether there is price insured. If so, the courier company or the corresponding insurance company shall bear the liability for compensation; if not, the courier company will directly report to the sender or if the mail is lost, damaged, or the contents are not in conformity with the original during transportation. The beneficiary designated by the sender shall be liable.

For consumers’ claim limits, there are different claim plans according to different situations. If there is a price insured, the express delivery company must pay compensation in accordance with the insured price. The responsible subject and legal liability are also relatively clear, and there is generally little dispute. If the courier company and the sender have a clear and specific agreement on compensation for mail loss, in accordance with Article 312 of the Contract Law, the amount of compensation for damage or loss of the goods, if there is a clear agreement between the parties, shall be implemented in accordance with the agreement ; If there is no agreement, it will be determined in accordance with transaction habits, that is, compensation will be based on the market price. In another case, in the case of invalid contract terms, consumers can make full claims. The courier company’s mailing list is usually printed with contract clauses on the back, and most of them include clauses that only compensate for several times the postage for loss, or reduce the legal liability of the courier company by weight. This kind of printed contract belongs to the standard contract stipulated in the "Contract Law". According to Article 39 of the "Contract Law", this limitation of liability must be reminded of the sender in a reasonable manner, otherwise the clause is invalid. There are precedents in which the court has ruled that the form clauses that reduce the liability of the courier company printed on the back of the express note are invalid, and the courier company fully compensates the sender for the loss of goods.

If a consumer wants to sue, the evidence that needs to be provided includes: courier bills and bills for payment, which are the most basic evidence to prove the existence of the contract of transport and to prove that the courier company has collected the mailed items and fees. There must also be relevant evidence that can prove the value of the items mailed, such as item invoices, supermarket receipts, payment receipts, etc. Consumers need to pay attention to collecting and storing evidence. It is best for consumers to write the name, model and other relevant information of the product on the courier list, and do not save trouble. If the mailing content is generally written as "articles", it will easily cause obstacles to rights protection.

It should be noted that the loss of mail is only compensated for three times the postage because the express company misread the law. According to the "Postal Law", only the postal services of the post offices of China Post Group Company are universal postal services, and other express companies shall apply the "Contract Law" and other laws for compensation for mail losses. Therefore, the provisions of the "Postal Law" on the triple postage compensation limit do not apply to other express companies.

GuangZhouJFEX[2020.07.24-07:53] 访问:657
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