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Warehouse fire

  • Author:Holmes
  • Source:Chongqing Evening News
  • Release Date:2019-12-21

Warehouse fire


The boss consigns the goods to the customer.Logistics companyThe warehouse was burned. Because there was no insurance, the logistics company was only willing to pay 10 times the freight. Is it possible for the boss to sue to the court for compensation based on the actual value of the goods? Recently, the court of first instance and second instance supported his claim.

Chen, 42, is doing carpet wholesale in Wanzhou. On September 22 last year, a self-employed person in the main city came to buy 46 pieces of flocking pads, about 35,000 yuan; a self-employed person in Chengdu, Sichuan also bought 30 carpets, about 25,000 yuan. On October 5, the same year, Chen sent a truck to pack 76 pieces of carpets to the Wanzhou Sales Department of a Chongqing transportation company and entrusted the company to consign to Chongqing's main city and Chengdu respectively. .

One day later, Chen received an unfortunate call, and the transportation company claimed that the Wanzhou warehouse had caught fire. Most of the 76 carpets he had checked out were burned, leaving only 7 left.

Chen demanded a compensation of 60,000 yuan according to the actual value of 76 pieces of goods, and the transportation company only agreed to compensate 10,000 yuan. Chen sued to the Yuzhong District Court.

The transportation company argued that there was an agreement on the consignment note that "goods not insured and insured will be compensated at 10 times the shipping cost", and according to the agreement, the company would only compensate 10,000 yuan

The court of first instance held that, in accordance with Article 39 of the Contract Law, if a contract is concluded using format clauses, the party providing the format clauses shall take reasonable measures to draw the other party's attention to the clauses that exempt or limit its liability. Upon inspection, the signature on the consignment note was written by the staff who received the goods at the transportation company, and the company did not inform Chen or the truck driver of the terms it said. Therefore, the agreement of the format clause is invalid.

The court confirmed that Chen had an actual loss of 55,000 yuan, and the first trial judged the transportation company to compensate 55,000 yuan.

The transportation company appealed to the No. 5 Intermediate People's Court. Recently, the No. 5 Intermediate People's Court rejected the appeal and upheld the original sentence.

The terms on the consignment note are format terms

The judge of the second instance hearing the case stated that according to Article 39, Paragraph 2 of the Contract Law, "the format clause is a clause that the parties have prepared in advance for repeated use and did not negotiate with the other party when the contract was concluded." In this case, the consignment note was Produced by the shipping company, the above terms are printed in advance, so the terms on the consignment note are format terms, and the relevant rights and obligations should be determined according to such contracts. As compensation for the damage to the goods at 10 times the freight rate is an agreement excluding Chen's main right, and the transportation company did not give any instructions and instructions, the agreement was invalid. Even if there are other contracts of carriage between the two parties, the respective obligations in each independent contract cannot be relieved.

Signing in different places has different effects

Lawyer Xie Wenliang, a member of the lawyers' group, believes that if there is a separate signing place next to the format clause, the format clause will still be invalid even if the shipper signs it. If there is only one signing place on the consignment note, then all the terms on the consignment note will take effect after signing, but the issue of validity is related to the location of the terms.

Mr. Xie believes that if the restrictive clause is on the front of the consignment note, it will be valid as long as it is signed; if the restrictive clause is on the back of the consignment note, and the shipping company has not informed, the shipper can consider himself unclear , Has no effect.