Pettibone Logistics Consignment 40,000 yuan large equipment lost only willing to compensate 2000

Pay attention to the financial consumption service rights of the object: Pettibone Logistics Complaints Products: Logistics companies pay the terms of the complaint: the owner of Pettibone Logistics Consignment equipment, logistics company Guangzhou Liwan District Business Department will be one of the loss of equipment, logistics compensation to pay the minimum insured 2000 yuan.　　But Mr. Liu thinks he should pay in full. Event after: Guangzhou Liwan District, a mechanical and electrical products operating the owner of Mr. Liu, March 2 to the South reporters complained that its value of more than 40,000 yuan of goods in the German state logistics in the process of shipping lost. Mr. Liu October 28, 2010 checked a supercharger and a cooling machine, from Shenzhen through the German state logistics to Guangzhou Liwan District a mechanical and electrical products operating department. The freight waybill shows that the payment method is to pay 106 yuan freight charges, delivery mode for the business point, and the declaration value of 2000 yuan. But November 1, 2010, the equipment shipped to the German state logistics Guangzhou Liwan District West Lang Sales department, failed to inform the consignee to withdraw goods. After Mr. Liu picked up the goods, one of the value of 43600 yuan cooler lost. Pettibone Logistics recognition of work errors, and pay 2000 yuan as compensation, not bear the full compensation loss of 43600 yuan.　　The two sides failed to negotiate many times.　　Claim: Pettibone logistics compensation for loss of goods 43600 Yuan The victim said: equipment transported to the German state logistics Guangzhou Liwan District West Lang Business Department, due to Pettibone logistics staff errors, the recipient contact telephone write wrong, failed to notify the delivery timely, and the consignment of goods lax management, resulting in their direct economic loss of 43600 yuan. The cargo is considered as a cooling machine, 1.7m long, 0.5 meters wide, from its volume and weight, are not easy to lose, and not easily damaged. In the German state logistics to give the minimum insurance treatment, the own did not raise objections. But this is not what I really mean. When the video was transferred, it also showed that the goods had actually entered the warehouse, but no one could find out when they were taken away. This is Pettibone logistics supervision default.　　This loss should be fully compensated by Pettibone logistics. Party: Pettibone Logistics brand PR Mr. Xu after investigation and verification, the goods and shipper in the Waybill agreement agreed to insured 2000 yuan, lost goods, in accordance with the insured agreement, in accordance with the maximum amount of compensation payable to customers 2000 yuan. The relevant legal basis is NO. 312 of the Contract law: "The amount of damage or loss of the goods, as agreed by the parties, in accordance with their agreement;" and the Postal Code 47th: "The insured to the loss of the message or all damage, according to the insured amount of compensation; The actual loss of the mail is compensated according to the proportion of the insured amount and the total value of the mail. "found that the goods lost, timely contact with the Guangzhou Operation Center, Shenzhen Operation Center and other related departments actively cooperate to find goods, and finally find the goods did not, so the first time to negotiate with the customer claims matters.　　The survey showed that the receiving staff did not know the value of the goods to be shipped, and did remind shippers that they should pay the insurance according to the actual value of the goods. Third party: The wealth of the PICCinsurance [micro-blog] Guangdong branch of the relevant experts usually, whether it is to send mail or logistics companies to do consignment, insured with insured transport and cargo insurance. In fact, the Post Office, Courier, logistics company's insured is not a commercial insurance in the sense of insurance.　　The insured is in fact the shipper, in addition to the provisions of the payment of freight, but also in accordance with its declared value of a certain percentage of the cost of the preservation surcharge. Logistics insurance is the loss and related expenses caused by natural disasters or accidents in the process of transportation, storage, packing and distribution of logistics goods. In the event of loss of goods, the insurance company shall be liable for compensation in accordance with the scope of the insurance payment. From the perspective of risk management, logistics insurance belongs to risk transfer, and the goods insured is risk retention.　　In addition, the scope of "insurance" risk is different, logistics insurance also includes logistics goods insurance, the risk can also include the third person tort, force majeure and other losses caused.　　Interview: South all reporter Guozhen intern Shi Wang Lawyer, Guangdong Guang law firm publicity Lawyer: According to the contract law No. 311, the contract of carriage is established in this case, the logistics company did not according to the agreement to send the goods to the destination and the goods lost, should be compensated. The amount that the logistics company should pay and the basis of compensation, if the owner wants the logistics company to pay the loss of the goods in full, we must prove the actual value of the lost items, but because the Express document does not specify the value of the transport goods, but simply write the name of the article, if the owner of the prosecution,　　It is highly probable that the actual value of the goods cannot be proved. We suggest that when you post your valuables in the future, must take full account of the value of goods, to make appropriate insurance, if the logistics companies to limit the amount of insurance claims, you should be in the express list as far as possible detailed records of the mailing of goods, types of goods and the value of goods, when the goods are lost, the owner can rely on the records of the　　Add other supporting evidence to the logistics company for compensation. Guangdong Green Lawyer All Mrs Teachers of the state logistics if due to their own fault loss of goods, Mr. Liu is entitled to the German state logistics claims infringement damages. But if Mr. Liu buys 8 yuan cargo insured is not his true meaning, is pettibone logistics without the consent of the shipper by the system defaults, according to the relevant laws, the German state logistics in violation of Mr. Liu's true will to make the insured should be revoked, the batch of goods belonging to the non-insured transport. The case was lost in the freight yard of the German state logistics, apparently the defendant was in serious negligence. Pettibone Logistics unilaterally formulated form terms, only 3 times times the amount of freight to compensate for the loss of goods, violating the "contract law" and the principle of fairness and prohibition of the provisions. This clause belongs to the OVERLORD clause and shall be deemed invalid. Therefore, according to the contract law, the carrier is liable for damages and damages for the damage and loss of the goods in the course of transportation, and should be compensated for the actual loss or market price of the goods. Mr. Liu has the right to request Pettibone logistics to compensate for the actual value of the lost goods.