"1 kg gold 20 yuan Freight" risk

Absrtact: South all Comics: Chen Ting more than express dot constantly receive a ticket, format contract triggered the new crisis in the express industry as a private courier in Guangzhou Market, Lijun (alias) is very depressed. Recently, many of their company's operating outlets received a ticket

South du comics: Chen Ting

A number of express outlets continue to receive a ticket, format contract triggered the new crisis of express industry survival

As a private courier in Guangzhou market leader, Lijun (alias) is very depressed. Recently, many of their company's operating outlets received a ticket, "a ticket to pay 1000 yuan, the entire Guangzhou branch has hundreds of outlets, which means that we may face up to hundreds of thousands of of the fine." ”

This dilemma is not an individual phenomenon, South reporters in recent days, including Shun Fung (micro-Bo), Shentong (micro-Bo), Yuantong (micro-bo), rhyme Tatsu and many other express outlets have been receiving similar fines, mainly because they are now using the format of the Express service contract is considered a overlord clause.

"Although the State Postal Administration and the State Administration for Industry and Commerce in 2009 jointly issued a model contract, but not recognized by the Court, is considered to be departmental norms." At present, including Em S, UPS, Shun Fung, Shentong and other domestic and foreign express enterprises in the operation are the use of their own frame-type provisions. In particular, the issue of express compensation and other issues without specific norms, the industry has a lot of differences. "China Express Consulting Network chief Advisor Xu said, now is the urgent need to repair the law, otherwise the crisis caused by the framework contract may affect the entire express industry survival."

"1 kg gold 20 yuan Freight" risk

"To balance the risk, our company has a ceiling on the value of a single ticket," he said. If the value of the consignment of more than 20,000 yuan, the sender needs to be split to a single ticket value of 20,000 yuan below separately checked, and insured. "A courier company insiders revealed to reporters, such as a kilo of gold, worth 400,000 yuan." Express companies for the diversification of risk considerations, will be divided into 20 votes to send, even if the loss of a ticket, courier company compensation amount is only 20,000 yuan.

However, express enterprise a kilo freight is 20 yuan, separate 20 votes, the cost will be raised to 400 yuan, plus insured amount, freight will be around 1000 yuan. In the actual operation, many senders are afraid of trouble, at the same time to save freight, will conceal the value of the mail, and not insured.

"Express delivery Company's current freight is calculated by weight, not its value." Lijun said that at present, whether it is gold, jade, Apple mobile phones and other high-value goods are sent through this fee, and most of the price is not insured, but once the loss of compensation, consumers should be the value of their goods to claim, this is clearly unreasonable.

Reporters understand that the current "postal law", for the loss of insured messages lost, damaged or missing, in accordance with the actual loss of compensation, but the maximum amount of compensation is not more than three times times the charge. However, Xu said that the postal code specifically indicates that this applies only to ordinary postal operations, and that the express loss compensation outside the ordinary postal business scope applies to the provisions of civil law. According to the general rules of civil law, the key to loss compensation depends on the contract or terms signed on the basis of fairness and equivalence between the two parties at the beginning of the transaction. "The vast majority of law firm lawyer Deng Xianglong said.

Miscellaneous compensation Provisions

At present, the express delivery company to fill in the "Express detailed list" On the back of the format of the terms of the express enterprises and consumers reached agreement. But inside the content by the Express company's own formulation, name and compensation standards are different.

South reporters surveyed learned that EM s called "Domestic special Courier Mail Business use notice", agreed to insured the maximum limit of 100,000 yuan, insured mail loss, damage or shortage, in accordance with the actual value of loss compensation, the maximum is not more than the insured amount, not insured goods, the highest is not more than the payment of three times times the tariff, Nor bear other liability for damages.

Shun Fung is the "express waybill contract clause", of which the compensation for the goods not insured, agreed monthly customer in no more than nine times times the limit of freight, non-monthly customers in no more than seven times times the shipping limit. Shentong is directly named as the "express service contract", its compensation for loss of insured goods, agreed to pay 5 times times the cost of express compensation, Qualcomm, Yuantong agreed 3 times times compensation, and U PS of the terms and conditions of service, only the insured and declared the value of the goods are responsible for the goods, the compensation limit of no more than 100 U.S. dollars. The quoted price of these companies is generally based on 1%-3% of the value of the express goods.

"In accordance with article 39th of the Contract law, the party providing the appropriate clause shall follow the principle of fairness in determining the rights between the parties and Yiwu, and adopt a reasonable way to draw the other party's attention to the exemption or limitation of its liability, and to explain the provision in accordance with the requirements of the other party. "Deng Xianglong said that the current Express Enterprise format contract is challenged as the Overlord clause, mainly according to the contract law 53rd, due to intentional or gross negligence caused the other party property losses, the contract exemption clause is invalid.

Daily 400,000 mail compensation no uniform regulations

"Whether intentional or gross negligence causes the other party property loss, to express enterprise is quite difficult to prove." "A well-known courier in Guangdong, said the logistics has a lot of links, which property loss has a courier enterprise internal controllable links, there are aviation, railways, sea and other uncontrollable links."

Xu said that the aviation sector has the "air law", railway links have "railway law", but the express industry across a number of transport modes, the different aspects of compensation standards, and the "postal Law" on the express industry there is no uniform standards, the contract law does not specify the loss of express payment, so now rely mainly on judge's decision, This leads to differences in judgment and case, or even north-south differences.

According to the latest statistics of the Post Office, the first half of this year, more than the national scale Express services business volume completed 2.39 billion, an increase of 51%. If according to the industry average of 3% damage rate calculation, the courier enterprises need to deal with the amount of compensation of nearly 400,000 mails per day. "Much of the work is focused on dealing with such compensation matters." Lijun said that the express industry profit rate has been reduced to 3%, the additional financial resources, the flow of expenditure, will further increase the difficulties of courier operations.

"Express companies in order to protect themselves so that the relevant so-called terms of contract, in this case, consumers also suffer from the inconsistent legal norms caused by the high cost of prosecution, often yaba." This situation can only be solved by relying on the law of repair. "Xu said.

Industry view

China Express Consulting Network chief consultant Xu

The form of courier and distribution channel is relatively single

Through the overall norms of the unified standard, can make the service quality of the express industry to improve, for the express company, clear the specific circumstances of the compensation amount, but also regulate the behavior of consumers, valuables must buy insurance. At present, express consumer demand has been subdivided, showing a variety of forms, but the form of courier and channel is relatively single, which requires special commodity services or special insurance forms to balance. There should be special express service for High-value goods, different charges and different sending channels.