courier service
Published on September 9, 200712, 20081-01implemented by the State Post Bureau.
compensation
A. 1 compensation object
The object of express payment should be the sender or the beneficiary designated by the sender.
A.2 claim factors
Claim factors mainly include delay, loss, damage and inconsistency of internal parts.
These include:
A) Express delivery delay means that the delivery time of express mail exceeds the service time limit promised by the express delivery service organization, but does not exceed the complete delay time limit;
B) The loss of express mail means that the express delivery service agency fails to deliver the express mail when the time limit is completely delayed, unless there is a special agreement with the customer;
C) The damage of express mail refers to the partial or total loss of the value of express mail due to incomplete packaging and other reasons when the express service agency delivers the express mail. Unless there is a special agreement with the customer;
D) Inconsistency of internals means that the name, quantity and weight of internals are inconsistent with the express waybill.
In any of the following circumstances, the courier service agency may not be liable for compensation:
A) The loss of express mail is caused by the customer's responsibility or the items sent;
B) Losses caused by force majeure (except insured express);
C) The customer has not inquired about the claim within one year from the date of sending the express mail by himself.
A.3 principle of compensation
If there is an agreement between the courier service agency and the customer, it shall be agreed; If there is no agreement, the following principles can be followed.
A.3. 1 courier delay
The compensation for the delay shall be exemption from this service fee (excluding additional fees such as insured price).
If the direct value loss of internal parts is caused by delay, compensation shall be made according to the loss or damage of express mail.
The loss of express mail
Express loss compensation mainly includes:
A) When the express mail is lost, the service fee (excluding the storage fee such as insured price) will be exempted;
B) When the courier service agency purchases the insured (insured) express, it shall compensate the insured (insured) amount;
C) Express mail that is not insured (insured) shall be handled in accordance with the Postal Law, the Detailed Rules for the Implementation of the Postal Law and relevant regulations.
A.3.3 damage of express mail
Express damage compensation mainly includes:
A) Total loss refers to the complete loss of the value of the express mail, which shall be implemented with reference to the provisions on compensation for the loss of express mail;
B) Partial damage refers to partial loss of the value of the express mail, and compensation shall be made according to the proportion of the loss value of the express mail to the total value and the same proportion of the compensation amount of the express mail loss.
A.3.4 Inconsistency of internal parts
Compensation for unqualified internal parts mainly includes:
A) If the name of the internal parts is inconsistent with the name filled in by the sender, full compensation shall be paid;
B) If the names of internal parts are the same, but the quantity and weight do not match, compensation shall be made according to the partial damage.
A.4 Time limit for accepting claims
The time limit for the courier service agency to accept the claim shall be within 1 year from the date of receiving and sending the express mail.
2. Your dispute can't be solved by yourself (the courier thinks that "a part falls off" is a partial damage, and you think that "this lamp is not bad in appearance, but it really can't be used" is a complete damage, so I tend to be completely damaged, so it should be fully compensated according to the insured amount of 2,000 yuan), so it is best to sue the court; Although "the lawsuit may not get the result we want", it is possible to get it; In addition, you can ask the courier to "make restitution for free" (restitution).
Article 134 of the General Principles of Civil Law mainly adopts the following methods to bear civil liability:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(six) repair, rework and replacement;
(7) Compensation for losses;
(8) Paying liquidated damages;
(9) Eliminating the influence and restoring the reputation;
(10) Apologize.
The above ways of bearing civil liability can be applied separately or in combination. ...& gt& gt
Question 2: What is the insured price of express delivery? How to charge? How to compensate for the accident? The insured charges of each courier company are slightly different.
Fill in the insurance amount yourself. If you fill in the insured amount, you will get a premium of three thousandths (SF) of the insured amount. Some courier companies may charge 1%.
In this case, if your goods are lost or damaged, the courier company will compensate you according to the amount you fill in.
So it's up to you whether your coat is worth 12000 yuan or 1200 yuan.
However, the insured amount of some courier companies does not exceed 10000 yuan. It means that your coat can only be insured at most 10000 yuan.
When you go to the courier company to fill out the face sheet, just look at the terms at the back of the face sheet.
Question 3: After the courier is insured, how can he compensate if the courier is lost or damaged? If the sender has chosen to insure the price, the courier company will compensate according to the price and loss of the consignment, and if the declaration is higher than the actual value, it will compensate according to the actual value.
Question 4: How to pay for the damage of express insured goods? Under normal circumstances, if you sign for it, the courier can not admit it. If you don't sign for it, pay according to the insured amount 1 1,000 yuan. I lost more than 30 thousand goods last month, so I can't help it. Good luck.
Question 5: How to pay for the damage of Shentong Express?
1, the shipper (sender) can choose the insured or uninsured courier service independently according to the importance and vulnerability of the courier goods sent. If the shipper (sender) chooses not to insure the express delivery goods, both parties confirm that the actual value of the express delivery goods does not exceed 5 times of the express delivery expenses paid by them. If non-insured service varieties are selected, and the consigned goods are damaged or lost, compensation shall be made according to the agreement of both parties on the express delivery details list. If there is no agreement between the two parties, the compensation according to the highest compensation standard shall not exceed 5 times of the courier fee paid by the shipper (sender).
2. If the insured service is selected, both parties confirm that the actual value of the delivered express goods does not exceed RMB 65,438+10,000. If the express goods are damaged or lost, compensation shall be made according to the actual losses; The insured fee is calculated according to 1%-3% of the value of the insured express goods. When the shipper goes through the insurance formalities with the courier service unit, he shall deliver a valid certificate to prove the value of the courier goods to the courier service unit, and obtain the insured certificate issued by the courier service unit and stamped with the official seal after being confirmed by the courier service unit.
Matters needing attention in Shentong express delivery process
1. Read the endorsement clause of Shentong Express Details Sheet before filling in the waybill: the waybill and endorsement are the transportation contracts signed by consumers and Shentong Express Company. Because there is no legal norm or judicial interpretation of the express delivery industry contract, most local courts adopt the economic contract law. However, even if all judgments are based on the provisions of the Economic Contract Law, the judgment results of each court are different.
Therefore, consumers must carefully read the insurance, compensation and exemption clauses before posting. If it is a customer with a large amount of express mail every day, it is recommended to sign a courier contract with Shentong Express Company to protect their legitimate interests. When filling in the waybill, you should accurately fill in the contact telephone number and address of the sender and the recipient, otherwise it may bring trouble to the delivery, or you can't find the return address and sender when returning the express mail.
2. Valuables should be insured: generally, items worth more than 2,000 yuan, such as mobile phones, watches, computers, cameras, jewelry, high-end clothing, works of art, etc. , it is recommended to insure. And fill in the item name, insurance amount and value correctly in the column of insurance goods name to avoid disputes when making claims. At the same time, the declared value should also be truthfully filled in. Some express transportation insurance has deductibles. For example, the declared insured amount is 5,000 yuan, but the actual loss may only be 4,700 yuan, of which 300 yuan has a deductible.
Therefore, we must consult Shentong Express Company and ask it to provide a written explanation when necessary. The premium rate is generally between 1%-3%. If the premium rate is too high, it is recommended to compare it with the prices and premiums of other courier companies before weighing it.
3. Hand over the express mail signature and save the waybill: When handing over the express mail to the courier salesman, he/she is required to sign the waybill in addition to himself, and the signature should be consistent with the badge worn. This is a handover with legal significance. The waybill is not only a transport contract, but also a delivery certificate of express mail. Never throw it away before it is delivered to the sender.
4. Sign-in process: the express package is intact, and the recipient will check the goods after signing. If there is any shortage or damage after unpacking inspection, you can return the goods or ask the courier to write a written proof and take photos, and immediately call the customer service staff of the merchant or courier company (remember the names or numbers of the customer service staff and courier).
If the outer package is obviously damaged, unless otherwise agreed between the courier service agency and the sender, the sender shall inform the recipient to accept the inner package before signing. If there is any shortage or damage after unpacking inspection, you can return the goods or ask the courier to write a written proof and take photos, and immediately call the customer service staff of the merchant or courier company (remember the names or numbers of the customer service staff and courier).
Question 6: How to compensate for the uninsured damage of express delivery? Express delivery industry is different from postal industry, but it should be regarded as a transportation contract. If there is any damage, it should be compensated in accordance with the relevant provisions of the contract law, and even compensate consumers for the corresponding losses according to the value exceeding the original value.
Since both parties have a contractual relationship, their rights and obligations should be equal. Delivering the goods safely and completely to the destination is the service that the courier should provide. In case of damage or loss, the courier shall bear the corresponding responsibilities. "Setting the compensation limit in the courier's contract terms is to limit the rights of consumers and reduce their obligations. This unfair format contract clause to consumers is also commonly known as the overlord clause. "
Question 7: Can I compensate for the damage found by the insured express after signing? Generally, it is necessary to check and accept the goods when the courier delivers the goods. If there is any damage, you need to confirm with the courier salesman on the spot and indicate the damage on the receipt. If you sign for it normally and don't reply to the damage on the spot, it is basically impossible to get compensation from the courier company afterwards.
Question 8: How can I compensate you for the damage of the package insured at 3000 yuan? The situation belongs to the concurrence of breach of contract disputes and infringement disputes, and the courier company needs to bear the liability for breach of contract or compensation.
There is a transportation contract dispute between the user and the courier company. After the user signs the bill with the courier company and pays the mailing fee, the contractual relationship between the two parties is established. The courier company has the obligation to deliver the items mailed by users to the designated personnel for signing according to the waybill. If the goods are damaged, you need to pay for the insured price and refund the freight.
Question 9: How to compensate for computer damage? 1000 is a kind of compensation for the loss, and does not acquire the ownership of your computer. So SF will return your computer after paying 1000 yuan.
Question 10: The insured price of SF is 1 0,000 yuan. How to compensate for the damage? 1 000 yuan is a kind of compensation for the loss and does not lead to the ownership of your computer. So SF pays 1000 yuan to return your computer.