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Shopping cosmetics logistics company lost 20,000 Yuan only pay 25 Yuan

Checked process in the value more than 20,000 more Yuan of goods missing has, owner requirements as price compensation, but logistics company is only may by shipping single Shang of provides, compensation freight of 5 times times that 25 Yuan, both amounts difference up to 23760 Yuan! Reporter yesterday was informed that, huize Court on this up Highway goods transport contract disputes made a trial judgment, finds the format terms invalid, judge logistics company as price compensation owner loss 23785 Yuan.
shopping online not only saves time and money but also efficient and convenient, has become the shopping choice for many Internet users, Yuan in huize County, opened a hairdressing service is no exception, she often online "find" a lot of baby. In November 2006, Yuan Xiang Meilin Kay from the net (China) cosmetics, Ltd Kunming branch ordered a batch of more than more than 20,000 yuan worth of cosmetics, and entrusted to deliver the cosmetics from Kunming Kunming logistics company, arrived in huize, logistics companies after receiving the invoice issued by the Yuan, consigned to a Yuan.
after the goods ordered, Yuan a day at home enjoying the waiting, hoping, not these cosmetics, also missing to the left, right, or not. "It is temporarily out of stock?" Call Mary Kay Yuen Kunming branch, the company said the goods had sent, she called the logistics company, after several queries, the logistics company to admit Yuan order the cosmetics in the consignment was lost on the way!
"since losing my shit, then you are losing money!" Expects lost let Yuan a is disappointed, didn't thought let she more uncomfortable of is logistics company of replies--according to logistics shipping single terms of provides, company only compensation freight of 5 times times that 25 Yuan, "this is logistics industry of rules, which home are as"!
"I has Mary Linda Kay Kunming Branch issued of orders single confirmed, I set of this batch goods value for 23785 Yuan, you only lost 25 Yuan is how back thing?!" In the case of fruitless negotiations, Yuan a lawsuit is a logistics company to court in Kunming, sought compensation from the logistics company at the market price.
court trial, the logistics company, this format of invoice disclaimer becomes the focus of dispute. The logistics company: goods lost is the fact that halfway through, but both poor and the undecided, damages, shall compensate the freight-only 5 times or 25 Yuan.
huize County Court through the trial, said Yuan will order the cosmetics to logistics companies shipping, logistics company after receipt of the goods, invoices issued, entry into force of contract of carriage of goods that is set up on both sides, logistics companies are obliged to Yuan a shipment safe and complete delivery to the destination. Yuan a no-fault case, the shipper of the goods lost, logistics company as the carrier loses the goods liable for damages.
logistics and shipping 5 times the Corporation claims only 25 the question of compensation, the Court held that: this is a logistics company unilaterally for the standard terms printed on the invoice, in accordance with the provisions of the contract law of China, relieves the party providing its responsibilities, increased responsibility, excluding her main rights, the clause is invalid. "Logistics companies would only standard terms in a single tariff of 5 times compensation for damage, neither in a reasonable manner and remind each other of the articles, nor does the Yuan's consent, reducing its responsibility, bear their own losses increase the shipper's liability, which is not valid. Meanwhile, logistics companies cannot prove that the goods destroyed or lost because of force majeure, the nature of the goods themselves or the fault of the shipper. "
accordingly, the Court of first instance judgment: compensation for the owner by the logistics company 23785 Yuan loss. Judge
Tip: unfair form clause invalid!
the so-called standard terms, according to the 39th article of the contract law of China, is subject to repeated use and prepared in advance, and at the time of conclusion of the contract without negotiating the terms with each other. Standard terms are in practice to provide goods or services developed by the party, such as power, banking, postal and other public sector, businesses and social groups.
party when signing a standard term, often lack the freedom to choose the other party, content cannot be made on the decision, while it was on the side of providing completely free, so the formulation of standard terms could use this advantage and develop not just content, exemption or worsen relative to responsibilities for themselves. Therefore, the 40th article of the contract Act, relieves the party providing its responsibilities, increased responsibility, excluding her main rights, the clause is invalid.
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