N reporter Tu Ming correspondent Shao Hui
WASHINGTON Fuzhou, a food company commissioned logistics company shipped 9 boxes of wine,http://www.chrisadamsperfumes.com/index.php?item/create_form/1,hogan outlet, the result of the transportation logistics company lost a case worth 1.3 million yuan Maotai, which led to a lawsuit. Recently, the Fuzhou Intermediate People's Court of Final Appeal case, considered as a shipper of food companies have not insured the goods, can only be awarded 300 yuan according to the contract the maximum compensation limit.
The judge warned that if the commission courier or logistics transport large cargo value, preferably insured,moncler sito ufficiale,http://w326498.s90-84.myverydz.com/home.php?mod=space&uid=52825, or lost goods difficult to get satisfactory results.
Event Playback: Maotai not choose insured shipping transport
Last March 17, Fuzhou,http://googemani.seesaa.net, a food company commissioned employees Xiao Huang will be 9 cases of wine consigned to Shanghai. The same day,http://xl1200x.net, Huang Sheng Huigong these 9 cases of wine by the Division carrier, did not choose insured shipping. In transit, in which the Secretary worth 1.3 million yuan a box of 53-degree New Flying Maotai lost,http://www.democratie-socialisme.org/spip.php?article3525, leading to the consignee to reject the goods,woolrich outlet, the other eight cases of wine were returned from Shanghai.
The food company's claim for compensation,Piumini moncler outlet, after fruitless negotiations, sued Jinan District People's Court,http://www.desd.jp/project/plan.php, requested the Secretary compensation for economic losses totaling 1.3 million yuan due to the loss caused by the consignment.
Shippers believe that the Sheng Hui logistics policy on "for each 300 yuan higher than the value of the cargo, the shipper should choose insured shipping ...... implement insured transportation, the proportion of the value or loss of the goods declaration compensation carrier by the shipper; No insured maximum amount of compensation per package no more than 300 yuan, "the convention is the company's standard contract unilaterally, is a" King terms ", is contrary to the principle of fairness clause invalid format.
Sheng Hui logistics contends consignment note the lower left front of the company to come up with using black, increase the font printed with "special agreement on the back of" employees have a comprehensive understanding of the shipper before, and signature confirmation. Insured terms mean,http://d-ura.info, to pay higher freight shipper, the shipper shall bear a higher risk that the terms are fair and reasonable.
Judges say: not insured pay 300 yuan does not violate the principle of fairness
Jinan District Court that,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, under the contract signed by both parties, the shipper of the consignment is not to be insured, should bear the risks arising therefrom, so I do not support the 300 yuan higher than the amount claimed shipper demand.
The food companies disagree with the verdict, the Fuzhou Intermediate People's Court of Appeal.
Fuzhou City Intermediate People's Court judge held that: distinction and significance of the limit of compensation in case of non-insured, and insured under the factual circumstances or by loss ratio of compensation is: For the shipper,scarpe hogan, the lower the risk in exchange for higher pay; for carrier people, bear higher charges due to the higher risk, such an agreement does not violate the principle of fairness.
Finally, the Fuzhou Intermediate People's Court rejected the appeal of the consignor, upheld the conviction.
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