Our staff reporter (Liu Zhenzhen) - Goods worth more than 10,000 yuan were lost during transportation. The logistics company only agreed to compensate three times the freight cost as per the agreement, which amounted to 90 yuan. Ms. Wen, the cargo owner, considered the transportation agreement to be an unfair term and found it hard to accept the compensation amount. Yesterday, the logistics company admitted that the agreement was a unilateral unfair term and stated that since the merchant did not declare the value of the goods, they could only be compensated according to the agreement.
On September 26, Ms. Wen entrusted Beijing Shunli Times Logistics Company (hereinafter referred to as the logistics company) to send 147 pieces of clothing worth more than 12,000 yuan to her customer in Tangshan. She did not declare the value of the clothing when shipping.
At the end of September, the customer claimed that they had not received the goods. Afterwards, the logistics company informed Ms. Wen that the goods had been lost.
When Ms. Wen requested compensation, the logistics company stated that according to the transportation agreement, the compensation amount would not exceed three times the freight cost. "My freight cost is only 30 yuan, but the goods are worth 10,000 yuan." Ms. Wen said that the transportation agreement itself was an unfair term.
Yesterday, a responsible person surnamed Jia from Times Logistics Company said that if the goods had gone through the valuation procedures, full compensation could have been obtained. However, since Ms. Wen did not go through the valuation, she could only be compensated according to the agreement, which was three times the freight cost, or 90 yuan.
"This is our boss's unfair term," Mr. Jia said. No logistics company does not unilaterally draft contracts, and the compensation standard is determined by each company based on their own situation. As long as the consignor signs, it becomes effective.
"If you don't agree with our contract, you can choose not to transport with us," Mr. Jia said. It is impossible to draft another compensation agreement for consignors who have objections to the contract.
#### Opinion
Valuable items should be insured
Lawyer Hao Jianfeng from Beijing Fah Da Law Firm believes that the contract signed between the merchant and the logistics company is a standard form contract. According to the Contract Law, such contracts that exempt one party's responsibility and restrict the other party's rights are invalid. The right holder can request compensation based on the principle of "damage-compensation equivalence." When the right holder objects to the standard form contract, they can propose to draft a specific contract.
Currently, China's logistics industry is not standardized. When customers propose to draft another contract, it may result in the logistics provider refusing service. In response to this, Lawyer Hao suggests that for the transportation of valuable items, consignors should try to insure them and provide detailed descriptions of the transported goods on the waybill to avoid difficulties in claiming compensation in case of loss.