Citizens have indicated that when they send their clothes to the courier company, the price is set at $2,000. The express delivery company, in order to charge more packing fees, took out the packaging which the citizens had packed themselves and replaced it with their boxes. During the transport, all the boxes were wet because of the rain and all the clothes were wet. The express delivery company agreed to pay only $300, but the prices of the clothes were well over $2,000. Can citizens sue the courier company for $2,000
Present guest
Mr. Zhou xianxian
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What's the price
According to counsel, the so-called premium is in fact the maximum amount of compensation. Under what circumstances do we get this ceiling? Only mail is lost or completely destroyed. It's easy to understand the loss of mail. What does it mean to be completely destroyed? A simple understanding is that the items sent are still there, but they are useless. For example, the transport of glass products is broken; for example, the cold chain transports seafood and the cold chain breaks up all seafood; and for example, the precision electromechanical device bubbles water in the transport and is completely broken。
According to citizen accounts, the clothes were wet because the delivery company was not properly packed. As a general rule, fewer clothes were completely destroyed after they were wet, making it difficult for the carrier to recover the amount of the premium of $2,000。
How
Counsel stated that, under the relevant administrative regulations, the express delivery enterprise could agree with the sender on special price-fixing rules. Citizens can go and see the delivery manifest. The default rule is “compensation for the actual loss of mail in proportion to the full value of the premium”. That is, if the amount of the loss is equal to half of the value of the clothing, then the amount of the guarantee is paid in the amount of $1,000 and in the case of the loss amounting to 10 per cent of the value of the clothing, the amount of the guarantee in the amount of $200。
According to counsel, some courier companies would agree on three types of premium, the first being the ratio of loss, the second being the 50 per cent premium as long as there was partial damage, and the third being the actual amount of the loss, up to the maximum price。
If the citizen wishes to claim $2,000, it is necessary to prove that the clothes have been destroyed in full in order to be compensated to $2,000, and if the third type of security, i. E. Compensation for actual losses, does not exceed the amount of the premium, the citizen needs to prove that the damage has reached or exceeded $2,000。
Counsel recommends
Counsel recommends that you pay full price for high-value items. According to the law, compensation is limited to three times the cost for unprivileged mail, including couriers, either in whole or in part. In the case of guaranteed mail, the express delivery enterprise shall set out the rules in the notice at the place of business and in the certificate of receipt provided to the user in a manner sufficient to attract the attention of the user, as determined by the principle of fairness to be observed in civil activities. The only exception is that, if the express delivery business intentionally or by gross negligence causes a loss of mail, or if the express delivery business does not have rules, then compensation is the general rule, that is, the amount of the loss, without a fixed ceiling。
In any event, in the case of high-value items for delivery, it is recommended that the full price be guaranteed, otherwise the corresponding risk of damage or loss may have to be borne by itself。
