Who should compensate for the damage to the goods during transportation, and whether there are relev

If there is no insurance price, it will be difficult for the freight company to pay for it. In the case of general valuables, if the corresponding insurance fee is paid, the transportation company can compensate for the damage during transportation.

Look at the terms and conditions you were shipping at the time.

Legal analysis: Unless the parties expressly agree in the contract on the division of risk liability for damage or loss of goods in transit, the risk shall be borne by the buyer from the time of the conclusion of the contract. If the parties have not agreed on the place of delivery or the agreement is not clear, and the subject matter needs to be transported in accordance with the law, the risk of damage or loss of the subject matter shall also be borne by the buyer after the seller delivers the subject matter to the first carrier.

Legal basis: Civil Code of the People's Republic of China

Article 603: The seller shall deliver the subject matter at the agreed place. If the parties have not agreed on the place of delivery or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the following provisions shall apply: (1) if the subject matter needs to be transported, the seller shall deliver the subject matter to the first carrier for delivery to the buyer; (2) If the subject matter does not need to be transported, and the seller and the buyer know that the subject matter is at a certain place at the time of conclusion of the contract, the seller shall deliver the subject matter at that place; If it is not known that the subject matter is in a certain place, the subject matter shall be delivered at the seller's place of business at the time of the conclusion of the contract.

Article 607: After the seller delivers the subject matter to the place designated by the buyer and delivers it to the carrier in accordance with the agreement, the risk of damage or loss of the subject matter shall be borne by the buyer. If the parties have not agreed on the place of delivery or the agreement is not clear, and the subject matter needs to be transported in accordance with the provisions of Article 603, Paragraph 2, Item 1 of this Law, the risk of damage or loss of the subject matter shall be borne by the buyer after the seller delivers the subject matter to the first carrier.

Legal Analysis: Generally borne by the carrier. The carrier shall be liable for compensation for the damage or loss of the goods during transportation.

However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.

Legal basis: Article 833 of the Civil Code of the People's Republic of China If the parties have agreed on the amount of compensation for damage or loss of goods, such agreement shall be followed; If there is no agreement or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be calculated according to the market ** of the place where the goods arrive at the time of delivery or should be delivered. Where laws and administrative regulations have other provisions on the method of calculating the amount of compensation and the limit of compensation, follow those provisions.

1. Regarding the compensation of the goods, the compensation shall be based on the actual value of the goods.

Second, with regard to the subject of compensation obligations, who violates the law in a traffic accident is responsible for compensation, and the traffic police shall determine the responsibility for the accident, and the person who is fully responsible shall compensate in full, and the person who is responsible for each half shall be compensated half, and if there is primary and secondary responsibility, it is generally three or seven or four or six. If you buy three liability insurance, the insurance company will compensate within the scope of the insured amount.

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Hello, I am a cooperative lawyer of LegalPro and I am happy to serve you.

1. Look at the contract of carriage and whether there is insurance or insurance. 2. If the goods are damaged, the police should be called in time, and the scene should be photographed and videotaped, and the traffic police shall determine the responsibility for the accident. 3. After receiving the notice, the shipper shall promptly entrust a ** assessment agency to assess the loss of the cargo.

4. Claim compensation from the transporter based on the above factors.

Questions. I received the order from the Yunman platform, the truck had an accident at high speed, and the goods were damaged, do I need to compensate for the damage, or how to compensate.

It depends on who will compensate for your agreement, the amount of compensation for the damage and loss of the goods, if the parties have agreed, whether the contract of carriage of goods has been signed at the same time according to their agreement, and if so, whether there is an agreement on the compensation value of the goods; If there is an agreement, it will be agreed, and often the contract of the logistics company is a standard contract, and the court will make an unfavorable judgment on the logistics company. In addition, do you have evidence to prove the actual value of the goods, such as invoices, etc.

Questions. Just sign an agreement on the platform and don't know anything else.

You have to look at what the agreement is about, and if there is no agreement, then you will be liable for compensation.

Questions. That agreement contract is too long for me to understand.

Because this depends on whether you are responsible or the platform can bear part of the agreement you sign.

Legal analysis: Damages to goods during transportation can be claimed from the transport company in accordance with the contract of carriage. First of all, you can negotiate with the other party, and if the negotiation fails, you can only sue.

Legal basis

Rules for the Carriage of Goods by Motor Vehicle Article 83 The amount of compensation for freight accidents shall be handled in accordance with the following provisions: (1) There are two types of compensation for freight accidents: compensation for sub-limits and compensation for actual losses. Where laws and administrative regulations have provisions on the limit of liability, follow those provisions; If the limit of liability has not yet been specified, compensation shall be made according to the actual loss of the goods.

2) In the insured transportation, if all the goods are lost, compensation shall be made according to the insured value of the goods; If the goods are partially damaged or lost, compensation shall be made according to the actual loss; If the actual loss of the goods is higher than the declaration, compensation shall be made according to the statement; If the goods can be repaired, compensation shall be made according to the repair cost plus the maintenance and delivery fee. Insured transportation shall be handled in accordance with the agreement agreed between the policyholder and the insurance company. (3) If the insured or insured transportation is not carried out, and the liability for compensation is not stipulated in the contract of carriage of goods, compensation shall be made in accordance with the provisions of Paragraph 1 of this Article.

4) Compensation for loss of goods includes goods**, freight and other miscellaneous expenses. If the freight and miscellaneous charges, packaging costs and taxes paid are not included in the goods**, the expenses shall be added according to the proportion of the whole or the short part of the goods carried. (5) If the parties have agreed on the amount of compensation for damage or loss of goods, in accordance with their agreements, if there is no agreement or the agreement is not clear, a supplementary agreement may be made, and if a supplementary agreement cannot be reached, it shall be calculated according to the market ** of the place where the goods arrive at the time of delivery or should be delivered.

6) If the loss or loss of the goods is caused by the carrier's responsibility, compensation in kind, freight and miscellaneous charges shall be charged; If compensation is made according to the price, the freight and miscellaneous charges collected shall be refunded; If the damaged goods can still be used, the freight shall be charged accordingly. (7) After compensation for the loss of goods, it is found and returned, and it shall be returned to the owner, and the compensation or physical goods shall be recovered; If the original owner is unwilling to accept the lost property or cannot find the original owner, the carrier shall handle it by itself. (8) When both parties are responsible for the late arrival of the goods, the delay of the vehicle, and the failure of the loading, they shall compensate each other for the losses caused by their respective responsibilities.

The buyer is generally responsible for the loss of damage to the goods during transportation. Unless otherwise agreed by the parties, the risk of damage or loss shall be borne by the buyer from the time of the conclusion of the contract. Article 606 of the Civil Code [Risk Burden of the Subject Matter in the Sale of Road Goods] Unless otherwise agreed by the parties, the risk of damage or loss shall be borne by the buyer from the time of the conclusion of the contract.

Legal analysis: the receipt of the express delivery, as a confirmation of the content of the mail, after the receipt of the goods found to be damaged, the express company does not bear the liability for compensation. According to Article 17 of the Measures for the Administration of the Express Market, an enterprise engaged in express delivery business shall inform the recipient of the face-to-face acceptance of express mail (mail).

If the outer packaging of the express mail (mail) is intact, the recipient shall sign and confirm it. If the delivered express mail (mail) is marked as fragile and the outer packaging is obviously damaged, the enterprise shall inform the recipient to accept the contents before signing for receipt. Unless otherwise agreed between the enterprise and the person sending the auspicious trembling piece.

For online shopping, cash on delivery and other express mail (mail) with which the user has a special agreement, the enterprise shall clarify the rights and obligations of delivery and acceptance with the sender in the contract, and provide acceptance services in accordance with the agreement, and the recipient shall sign and confirm after the acceptance has no objection.

Legal basis: Measures for the Administration of the Express Market》 Article 16 Enterprises engaged in express delivery business shall, in accordance with the express service standards, standardize the business activities of express delivery business, ensure the quality of service, safeguard the legitimate rights and interests of users, and shall meet the following requirements:

2) When the enterprise sorts the operation, it shall be handled separately according to the type and time limit of the express mail (mail), the operation shall be partitioned, and the operation shall be carried out in a slow manner, and the processing information shall be entered in a timely manner and uploaded to the network, and the barbaric sorting shall not be barbaric, and it is strictly forbidden to throw, trample on or otherwise cause damage to the express mail (mail);

3) The enterprise shall complete the delivery of express mail (mail) within the promised time limit;

4) The enterprise shall deliver the express mail (mail) to the agreed recipient address and the recipient or the recipient designated by the recipient.

The specific responsibilities for damage to the goods during transportation are as follows:

1. In the case of door-to-door delivery, the seller shall bear the risk in transit.

2. In the case of self-pick-up of goods, the risk of return journey shall be borne by the buyer.

3. In the case of simple delivery, the risk shall be borne by the buyer from the time the contract takes effect.

4. In the case of consignment and mailing, the buyer shall bear the risk of Fengyou after completing the consignment and mailing procedures.

5. In a contract of sale with retention of title, title to the goods passes when the buyer pays the full price, but the burden of risk passes when the goods are delivered.

6. For the sale and purchase of goods in transit or at the end of the contract, the risk shall be borne by the buyer when the contract is concluded.

Article 829 of the Civil Code provides that before the carrier delivers the goods to the consignee, the shipper may request the carrier to suspend the carriage, return the goods, change the place of arrival or hand over the goods to other consignees, but shall compensate the carrier for the losses suffered thereby.