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1.It is the responsibility of the carrier (train owner) to deliver the goods safely to the destination. Unless the cause of the accident is force majeure. The carrier is exempt from liability.
2.To distinguish responsibilities, first of all, whether the nature of the goods is stated when signing the contract of carriage and the relevant inspection certificate is presented. Charcoal is naturally caused by the high temperature of the carriage, and the transport driver has a certain responsibility.
3.Claims can be made from the insurance company for the goods transported, the car, whether or not the insurance is purchased.
4.For the rest of the goods, it is recommended to go back and forth first, and keep all the bills of charge, so that the carrier can recover them afterwards.
The above is a personal opinion only.
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The following is provided by "Jinan Business Lawyer", if you need to paraphrase, please indicate the source:
1. Pull the goods back first, but keep the documents for the cost of pulling the goods.
2. Prosecution may be considered. If you do this, you should know, is there a reason for the spontaneous combustion of the goods? Is there a reason for the poor air permeability of the warehouse?
Are emergency measures not taken? If the court decides in your favour, you can claim for the loss of your goods, the loss of your breach of contract, the loss of the goods you pulled back, etc.
3. If you want to prosecute, you can collect the corresponding evidence. Such as witness testimony, corresponding documentary evidence, etc. You can hire a local lawyer to provide specific guidance and assistance based on your situation.
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Legal analysis: Since the cause of the fire causing the damage to the goods is unknown, and the possibility of the fire caused by the fault of both parties cannot be ruled out, both parties should bear the corresponding responsibility for their respective faults. In the case that it is impossible to distinguish the magnitude of the fault of both parties, it is decided that each shall bear 50% of the responsibility.
Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party.
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault.
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents If a party has any of the following circumstances, it shall bear full responsibility:
1) Fleeing after a road traffic accident.
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is also evidence proving that the fleeing party has the shape of the circumstances in item (2) of the first paragraph, it is not to be mitigated.
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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 the contract is concluded.
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.
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The loss of damage to the goods during transportation is generally borne by the recipient of the purchase. 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 when the contract is established.
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