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What should I do if SF Express goods are damaged and have been signed for? Legal professionals answer:
At present, China's laws have no provisions or explanations on the legal liability of courier companies for damaged goods. These companies have their own rules, which are often obviously unfair. Therefore, it should be interpreted and applied according to the relevant provisions of civil law and jurisprudence.
The author thinks that in the contract of carriage of goods, if the consignee fails to accept the goods after receiving them, and does not raise any objection to the quantity and damage of the goods within a reasonable period, it should file a claim within 14 days from the date of receiving the goods.
I. Interpretation of Articles 310th and 61st of People's Republic of China (PRC) Contract Law;
1 Article 310 of People's Republic of China (PRC) Contract Law: The consignee shall inspect the goods within the agreed time limit when taking delivery. If the time limit for inspection of the goods is not stipulated or clearly stipulated, and it cannot be determined according to the provisions of Article 61 of this Law, the goods shall be inspected within a reasonable time limit. If the consignee does not object to the quantity, damage, etc. If the goods are delivered within the agreed time limit or a reasonable time limit, it shall be regarded as the preliminary evidence that the carrier has delivered the goods according to the records in the transport documents.
2. Article 61 of the People's Republic of China (PRC) Contract Law: After the contract comes into effect, the parties have not agreed on the quality, price or remuneration, place of performance, etc. or the agreement is unclear. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
3. As can be seen from the above two laws, there are three situations: one is to inspect the goods within the time limit agreed by both parties; Secondly, there is no agreement or unclear agreement on quality, price or remuneration and place of performance. , can be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits; Third, if the consignee has no objection to the quantity, damage, etc. If the goods are delivered within the agreed time limit or a reasonable time limit, it shall be regarded as the preliminary evidence that the carrier has delivered the goods according to the records in the transport documents.
4. The method that can be adopted in this case: (1) You agreed with the carrier on the inspection period of the goods; (2) If there is no agreement or the agreement is unclear, it can be settled through consultation; (3) If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits; (4) The consignee may also use the method of not objecting to the quantity or damage of the goods within a reasonable period of time; (5) If the consignee has no objection to the quantity, damage, etc. If the goods are delivered within the agreed time limit or a reasonable time limit, it shall be regarded as the preliminary evidence that the carrier delivered the goods according to the records in the transport documents.
Second, "the consignee can also adopt the method of not raising objections to quantity and damage. Deliver the goods within a reasonable period of time. " Then, what is a reasonable time limit, and how to determine the reasonable time limit for the shipper to inspect the goods in the transportation of goods?
1, Article 134 of the Civil Aviation Law of People's Republic of China (PRC) * * * The fact that the passenger or consignee has received the luggage or goods entrusted for execution without raising any objection is the preliminary evidence that the luggage or goods have been delivered in good condition and conform to the transport documents?
If the checked baggage or cargo is damaged, the passenger or consignee shall raise an objection to the carrier after discovering the loss? If the entrusted baggage is lost, it shall be put forward within seven days from the date of receiving the entrusted baggage at the latest; If the goods are damaged, it shall be filed within 14 days at the latest from the date of receipt of the goods? If the consignment of luggage or goods is delayed, it shall be put forward within 2 1 day at the latest from the date when the luggage or goods are delivered to the passenger or consignee for disposal.
Objections shall be written in the transport documents or raised in other written forms within the time limit specified in the preceding paragraph?
Unless the carrier commits fraud, if the passenger or consignee fails to raise an objection within the time limit specified in the second paragraph of this article, he shall not lodge a claim against the carrier.
2. Interpretation of Article 134 of People's Republic of China (PRC) Civil Aviation Law: (1). When the goods are received without objection, they are deemed to be in good condition, and the carrier has obtained preliminary evidence that is consistent with the transport documents; (2) If the goods are damaged at the time of receipt, the consignee shall propose it within 14 days from the date of receipt of the goods at the latest; () Unless the carrier commits fraud, if the consignee does not raise any objection within 14 days from the date of receiving the goods, it cannot lodge a claim against the carrier.
To sum up, in the contract of carriage of goods, if the consignee refuses to accept the goods after receiving them, and does not raise any objection to the quantity or damage of the goods within a reasonable time, it shall file a claim within 14 days from the date of receiving the goods.
Can SF Express only sign in person? When signing, you can bring your brother's ID card and write it in the remarks column. You can also check the phone number.
The consignee of SF Express 028782 130527 is 2014-16-1713: 56:19.
2014-1-1715: 46: 42 Express delivery is at the service point of Chengdu Jiaotong University and is being transferred to Chengdu Shuangliu Distribution Center 2.
2014-1-1717: 02:16 Express arrived at Chengdu Shuangliu Distribution Center 2.
2014-11-kloc-0/717: 31:43 express delivery is in Chengdu Shuangliu distribution center 2, and it is being transferred to Chengdu main distribution center.
2014-1-1717: 31:48 Express arrived at Chengdu Central Distribution Center.
2014-1-1717: 32: 44 The express was delivered in Chengdu Central Distribution Center and is being transferred to Shenzhen Baoan Distribution Center.
2014-1-17 23: 08: 07 Express delivery is in Chengdu Shuangliu Distribution Center 2, and it is being transferred to Chengdu Central Distribution Center.
2014-11-kloc-0/7 23: 08: 09 Express arrived at Chengdu Central Distribution Center.
2014-1-17 23: 08: 50 Express delivery in Chengdu Central Distribution Center, and it is being transferred to Shenzhen Huangtian Distribution Center.
2014-1-1812: 45: 48 Express delivery is in Shenzhen Huangtian Distribution Center, and it is being transferred to Shenzhen Hongxing Service Station.
2014-1-1813:15: 50 express delivery to Shenzhen Red Star Service Station.
2014-1-1813: 33: 29 is on its way, please prepare to sign for it (sender: Deng Haijun).
2014-1-1816: 35: 34 received. Thank you for using SF Express and look forward to serving you again.
2014-1-1816: 35: 59 Signed by: Signed by.
Hello, landlord: The logistics display doesn't show who the signer is.
If there is a problem with SF Express, it directly shows that it has been signed for confirmation, which is not artificial.
System or other fault
If you have already signed for it.
It can be considered as delivered.
Have a contract with the courier.
Make corresponding compensation to customers according to the contract.
PS: In order to stabilize customers' mood, communicate more. You can consider reissue the same baby.
SF Express has obviously refused to sign for it, but it shows that it has already signed for it!
Dear, please consult the official online customer service. : Xiaomi. /Services/Contacts
If you use the computer now, please turn it on. /c/service/？ num=3)
If you have an APP of Xiaomi Mall on your mobile phone, please open Xiaomi Mall ~ Services ~ Drop-down ~ Online Customer Service.
Or call Xiaomi customer service directly at 400- 100-5678.
They can provide you with all kinds of information consultation. You can ask SF to provide the receipt. If you cancel the order, it is impossible for the other party to provide your autograph. Just take notes and identify them.
Obviously, SF is at fault in management. You can contact the sender first to confirm whether the mobile phone is returned to the sender.
If the mobile phone has been lost, you can sue SF.
Does SF Express have to sign for it in person? Theoretically, it should be. However, if you find someone to sign for you, the signer also needs to give the name and phone number of the recipient.
Did you sign for SF Express 57 1846449357? Time, place and tracking progress
2012-01-1515: 05: 00 Anqing city: the dispatch has been received.
2012-01-1515: 00: 00 Anqing city: the signature is high.
2012-01-1514: 06: 00 Anqing: Send parts. ..
2012-01-1513: 25: 00 Anqing City: Express mail is in Anqing, ready to be sent to the next stop.
2012-01-1510: 06: 00 Hefei: the express mail is in Hefei distribution center, ready to be sent to the next stop, Anqing.
2012-01-1500:19: 00 Hangzhou: the express mail is in Hangzhou distribution center, ready to be sent to the next stop Hefei distribution center.
2012-01-14 22: 54: 00 Hangzhou: Express mail is in Hangzhou distribution center, ready to be sent to the next stop Hangzhou distribution center.
2012-01-1419: 22: 00 Hangzhou: Roger that.
2012-01-1418: 50: 00 Hangzhou: Express mail is in Hangzhou, ready to be sent to the next stop in Hangzhou.