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has experienced the madness of Double 11 and the stamina of Double 12. Many buyers are poor and can only eat soil, and sellers make a lot of money. However, every year, there will be news of the burning of express trucks, and some people ridicule buyers:
Your courier is burning. I don't know how buyers feel when they see it. Express burning**, tangled not only the buyers who are waiting for the express delivery, but also the sellers who send the express and the logistics companies that send the express.
Because, in such an event, there is a question of compensation at stake. Let's put aside the buyer today and look at how to compensate the seller and the logistics company.
In transportation, if the package burns and burns, the buyer can ask the seller to refund or reissue the goods, so the buyer can bear the consequences of not being able to buy the desired item, and the relationship between the seller and the logistics company is more complicated. Logistics companies often compensate sellers according to the "insurance clause" on the express waybill, but the compensation amount determined according to the "insurance clause" often cannot reach the actual loss of the seller, how should the seller get the compensation for the loss that he deserves?
A entrusts B to transport the goods and sign the consignment note, and during the transportation process, the vehicle catches fire and the goods are all burned. Due to the failure of negotiation between Party A and Party B on the matter of compensation, Party A sued the court, requesting that Party B be ordered to compensate for all losses of 280,000 yuan. B argued that A's declared value of the insured value was 2,500 yuan and that he had paid the insurance fee, so he should be compensated according to the declared value of the goods, and the part exceeding 2,500 yuan should be borne by A himself.
The court held that Article 9 of the consignment note clearly stipulated that if the insured price was declared, the maximum compensation would be made according to the insured amount, and Party A had signed and confirmed it with the shipper, this agreement was binding on both parties, and ordered B to compensate A 2,500 yuan in accordance with the insurance clause.
Personally, I think that in this case, although the seller's loss is very large. However, because the amount paid by the seller for his goods when he sent the goods was not high enough, he could not get the corresponding compensation. For example, when I usually mail valuables, I will insure the price very high, and I will guarantee the corresponding value of the item.
You should also pay attention to these things in your daily life, although this kind of burning event is a low-probability event.
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The worst is the truck driver.
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Legal analysis: When the express delivery spontaneously combusts, the courier company generally bears the responsibility for compensation, and the recipient of the express delivery needs to collect evidence of the value of the express goods, logistics records and other materials to facilitate rights protection.
Legal basis: "Measures of the People's Republic of China for the Administration of the Express Market" Article 20 In the process of express delivery services, if the express mail (mail) is delayed, lost, damaged and the internal parts are inconsistent, the enterprise operating the express delivery business shall compensate according to law in accordance with the agreement with the user. If there is no agreement between the enterprise and the user on the compensation matters, the compensation shall be made according to the insured amount for the purchase of the insured express mail (mail).
For express mail (mail) that has not purchased insurance, the indemnity shall be compensated in accordance with the Postal Law of the People's Republic of China, the Civil Code and other relevant laws.
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Legal analysis: When the express spontaneous combustion occurs, the courier company generally bears the responsibility for compensation, and the recipient of the express delivery needs to collect evidence of the value of the express goods, manuscripts and pure Hu Liu records and other materials to facilitate rights protection.
Legal basis: Measures of the People's Republic of China for the Administration of the Express Market》 Article 2 In the process of express delivery services, if the express mail (mail) is delayed, lost, damaged and the internal parts do not match, the enterprise operating the express delivery business shall compensate according to law in accordance with the agreement with the user. If there is no agreement between the enterprise and the user on the type of pants to be compensated, the insured express mail (mail) shall be compensated according to the insured amount.
For express mail (mail) that has not been purchased, compensation shall be made in accordance with the Postal Law of the People's Republic of China, the Civil Code and other relevant laws.
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