First, what are the ways to avoid express disputes?
Express delivery is a high-risk industry. Express companies generally use standard waybills and print standard terms on the back of the waybill to limit the liability for compensation for lost goods. Under normal circumstances, the more standardized courier company will clearly prompt to read the back terms on the front of the waybill, and indicate that the signature is deemed to agree with the format terms. Therefore, unless the format terms are obviously unfair, they will take effect on both parties after being signed by the sender.
Therefore, the following points should be paid attention to when transporting goods by express delivery:
First, we must choose a standard courier company. Try to choose a courier company with good reputation, good service, standardized operation and complete licenses. It is best to check the business license of the courier company before delivery, and at the same time agree on the possible unexpected solutions to avoid unnecessary disputes afterwards.
The second is to fill in the express bill in detail, indicating the value of the goods. Sign standardized express delivery contracts, transportation contracts and entrustment contracts with express delivery companies, and clarify the rights and obligations of both parties and the liability for breach of contract as much as possible.
Third, we should carefully check whether the consignment note is comprehensive and clear, including name, quantity, value, arrival date, mode of transportation, mode of delivery, consignee and contact information. Pay attention to the terms on the back of the waybill, and clearly fill in the waybill, especially the name and quantity of the goods consigned. This is very important evidence in case of dispute and application for compensation. Some consumers simply fill in the "goods" on the waybill, but they can't prove what is inside, and they lose the opportunity to get reasonable compensation.
The fourth is to insure the price before express delivery. If the courier is an important or easily damaged item, you must choose the insured price, and fill in the "Equal Value Insurance Contract" to clarify the liability for breach of contract. Under normal circumstances, the insured amount paid by consumers is 65438+ 0% to 3% of the insured amount declared by consumers. Consumers are advised not to lose too much because of small. Paying a lower amount of insurance premium is equivalent to an extra "insurance".
Fifth, we must sign in advance to protect our rights and interests. When delivering valuables, consumers should communicate with the recipient in time to remind the other party to remember to check the goods before signing for them. Once the goods are found to have problems, they should be reported to the relevant departments in a timely manner on the premise of collecting evidence of claims. Open the package in person and sign for it after inspection. If you find that the goods are lost, try to confirm the loss in writing with the courier and keep the evidence.
Second, what should the courier do if he loses one?
1. Check with the courier company to confirm the loss of the express mail.
2. Contact the courier company and claim compensation from them. At this time, the insured price and invoice are particularly important.
3. Understand relevant laws and regulations. Some courier companies will tell you that the maximum compensation is three times the freight, and you need to provide proof of quotation to compensate at the insured price. We must not admit that we are unlucky. We must move out of relevant laws and demand legal compensation.
4. If negotiation fails, it shall be settled by the court.
Third, the compensation standard for express loss.
After the courier loses the courier, he needs to compensate the recipient. The standard of compensation is: for insured mail, he can compensate directly according to the insured amount; The uninsured mail shall be compensated according to the actual loss. However, it should be noted that the maximum compensation amount cannot exceed three times the postage charged.
4. Is the courier who pretends to be a courier liable?
The courier company's failure to deliver the goods to the designated consignee is itself a breach of contract. The courier company cannot submit evidence to prove that the loss of the express mail is caused by the consignee's fault and should be liable for the loss of the goods. The amount of compensation is generally determined according to the actual value of the lost goods.
5. Is the oral agreement of express delivery protected by law?
Article 1 1 of the Measures for the Administration of Express Delivery Market stipulates: "Express delivery enterprises shall specify the rights and obligations of both express delivery enterprises and users in writing." But this does not mean that the express delivery business without a written contract is not protected by law. Article 36 of the Contract Law stipulates that a contract shall be concluded in written form in accordance with the provisions of laws and administrative regulations or the agreement of the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established. Visible, oral contract agreed by both parties and actually performed, is also protected by law, no matter which party breaches the contract and causes losses to the other party, it shall be liable for compensation.
Legal basis:
Provisional regulations on express delivery
Twenty-eighth enterprises engaged in express delivery business should implement information management in the whole process of express delivery, publish contact information, ensure smooth contact with users, and provide services such as business consultation and express delivery inquiry to users. Users who are dissatisfied with the quality of express delivery services may complain to the enterprises that operate express delivery services, and the enterprises that operate express delivery services shall handle the complaints within 7 days from the date of receiving them and inform the users.
Thirty-sixth postal administrations should strengthen supervision and inspection of the express delivery industry. Supervision and inspection shall focus on the following matters:
(a) whether the enterprise engaged in express delivery activities has obtained the express delivery business license according to law;
(two) whether the enterprise safety management system engaged in express delivery business is sound and effectively implemented;
(three) whether the enterprises engaged in express delivery business properly handle user complaints and protect the legitimate rights and interests of users.