200 thousand of bird's nest was sent to trial express company to compensate for 200 thousand
chengdoushangbao· 2017-11-15 07:28:42
in April 12th this year, Ms. Yang Zigong people by Sichuan SF EXPRESS Co. Ltd. Zigong branch (hereinafter referred to as "SF EXPRESS") sent 10 pounds to the bird's nest in Beijing, and paid 391 yuan fee, pay 1000 yuan of insured, the insured amount is 200 thousand yuan. No, the bird nests were damaged after they arrived at the receiving party, and the recipient refused to accept it.
bird's nest broken, how to compensate? Ms. Yang believes that 10 pounds of bird's nest damage degree of 80%, SF EXPRESS should be in accordance with the amount of 200 thousand yuan to pay compensation, bird's nest by SF EXPRESS disposal. In this regard, SF EXPRESS will not agree, the two sides can not agree to negotiate.
in June this year, Ms. Yang sued SF EXPRESS to the court, requiring SF EXPRESS in accordance with the insured value of 200 thousand yuan to compensate. By the court of first instance, Ms. Yang's appeal was supported. In the face of the first instance, SF EXPRESS refused to accept the appeal and appealed to the intermediate people's Court of Zigong. At 3 p.m. on the afternoon of
11 14, the intermediate people's Court of Zigong tried to appeal to the three sides of the dispute about whether the bird's nest was lost or not, how to divide the responsibility of packaging transport and how to apply the law for compensation. How is the end? Zigong City Intermediate People's court will choose a sentencing date.
price 200 thousand yuan of the bird's nest broke
in April 12th this year, Ms. Yang by mother Wu Shuqin (a pseudonym) commissioned by SF EXPRESS to Beijing post 10 catties of bird's nest, payment of insured fee 1000 yuan, 200 thousand yuan to pay the insured, at the same time 391 yuan freight, "before delivery, the courier confirmed the bird's nest intact, and confirmed by quantity and weight".
Ms. Yang told the Chengdu Business Daily reporter, said a total of 6 pieces of delivery, of which five pieces of 20 small boxes of bird's nest, 1 pieces of empty parts, for the use of the recipient. She also said that in order to ensure that the bird's nest can be sent to Beijing in good condition, she repeatedly reminded the collector, must be careful, must be required to transport boxes. The reason why
insured 200 thousand yuan, Ms. Yang said, the 10 pounds bird nest all mothers, is preserved in recent years, did not finish eating. Later, the mother sold the bird's nest at the price of 205000 yuan to Mr. Shen, a friend of Beijing, who signed a purchase agreement. On
4 13, 6 express arrived in Beijing and received delivery address successively. In batches, 2 pieces were delivered in the morning and 2 pieces were delivered in the afternoon. Shen Shen, a recipient of a telephone interview with the Chengdu Business Daily reporter, recalled that after the first piece was delivered, he opened the package and found that the bird's nest was damaged, and the compact electric courier came back to inspect it. At this point, second pieces of service, courier with his package inspection, confirmed that the bird's nest in the piece is also damaged. The other parts delivered in the afternoon were both his and the courier. The courier was responsible for the inspection of the package and found that the bird's nest was damaged in varying degrees.
face the damaged bird's nest, Ms. Yang put forward compensation requirements for his mother to SF EXPRESS. She believes that the extent of damage in more than 80%, insured 200 thousand yuan, according to the agreement, should be in accordance with the 200 thousand yuan compensation, bird nest handled by the company. But in the early consultations, SF EXPRESS only gave 40 thousand yuan compensation, Ms. Yang refused to accept. After the lawyer filed a lawsuit to the court, in accordance with the requirements of the insured compensation 200 thousand yuan,
: first instance Panpei 200 thousand yuan, refused to accept the appeal? SF
for Ms. Yang bird's nest damaged in fact in express, said the person in charge of SF EXPRESS before the interview, damaged the case, but the insurance company to assess the damage, the amount of compensation for 40 thousand yuan, the customer does not accept. The reason for the compensation amount of 40 thousand yuan is: the bird's nest is not completely damaged, the bird's nest has not lost the medicinal value, and the customer can not provide effective value proof, so it can not be compensated in accordance with the insured amount.
in view of the fact that consultations have been unable to reach an agreement, the two sides have to settle the dispute over compensation through judicial procedures.
in mid August of this year, Zigong City, Ziliujing District People's court after the hearing, according to the "People's Republic of China contract law", "law" and the "People's Republic of China post express market management approach" and other relevant laws and regulations verdict, sentenced to compensate the plaintiff SF EXPRESS goods and refund the loss of 200 thousand yuan, 391 yuan freight.
? The second:
three focus of controversy? The sentencing date
14 at 3 pm, Zigong City Intermediate People's court to the controversial mail service contract disputes. According to the trial judge, there are three main points of controversy between the appellant and the appellee. First, whether the bird's nest is lost or not; second, how to divide the responsibility of packaging and transportation; third, what legal provisions should be applied to the compensation problem.
for the first controversial focus, the appellant stated in court that when the bird's nest arrived in Beijing Shen Shen found damage, after the phone to Ms. Yang confirmed that these bird's nest sent back to Sichuan SF EXPRESS Chengdu claims department properly preserved so far. Therefore, the bird's nest does not exist in the first instance and has been lost; the court of first instance decided that the bird's nest lost system is not accurate.
and the appellee thought that the bird's nest arrived at Mr. Shen in Beijing and was taken away without permission from Mr. Shen, and was not sealed by both parties. Therefore,