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In recent years, with the rapid economic growth, logistics companies in cities above county level have emerged like mushrooms after the rain. Due to their convenience, speed, and affordability, these companies are highly favored by customers, leading to their rapid development. However, logistics companies often encounter situations where goods are lost or damaged during shipment. Disputes over the amount of loss and compensation frequently arise between logistics companies and customers. Therefore, it is necessary to study the relevant legal issues in logistics shipments.
I. Nature and Types of Logistics Contracts
The logistics contract primarily includes motor transport logistics contracts, logistics contracts, and railway logistics contracts. The author analyzes the common motor transport logistics. Motor transport logistics contracts come in written and verbal forms. Written contracts are further categorized into verbal contracts and standardized contracts. In nature, logistics contracts are transportation contracts, primarily governed by Article 304, 311, and 312 of the Contract Law. Verbal contracts are used for transporting small, urgent items with passenger vehicles, where the shipper typically pays the transportation fee, noting only the vehicle number and the driver's code, as well as the vehicle's arrival. No contract needs to be signed. The process is simple and convenient. Written contracts are signed between logistics companies and clients.
II. Determination of Loss Amount and Compensation
The loss amount of the customer's shipment poses a challenge after a dispute arises, as oral contracts and simple waybills fail to delineate the quantity and value of the items shipped by the customer. The entry of product names should be as clear and detailed as possible, including the names, brands, models, and values of the shipment items. If the shipment is generically described as materials, machinery, or equipment, it's difficult to ascertain the loss amount. To further determine the loss amount, it is essential to keep the purchase records of the shipment items and any contracts signed between parties.
III. Determination of Compensation Amount and Remedies
The amount of loss has been determined, but the compensation amount cannot be fully confirmed yet. The bill of lading is quite intricate; failing to read it carefully may result in incomplete or no compensation for the loss incurred. The bill of lading typically includes a valuation section, which is the valuation clause. If the valuation clause is filled out, there may be an additional freight charge, but if the goods are lost or damaged, the logistics company will compensate based on the declared value. If it's not filled out, compensation will be based on the terms listed on the bill of lading, usually several times the freight charge. If the valuation on the bill of lading is left blank, the compensation will depend on the specific case, varying from person to person. If the shipper is aware of the difference between valuation and non-valuation and chooses not to value, compensation will be non-valued. Conversely, unless the carrier can prove that they informed the shipper of the importance of valuation, compensation must be valued.
The insurance clause is essentially a standardized contract format, and the party issuing the standardized contract format is obligated to draw attention to it and explain it. According to Article 6 of the newly promulgated "Interpretation Two of the Contract Law": If the party issuing the standardized contract format uses sufficient attention-grabbing words, symbols, fonts, etc., to highlight the content exempting or mitigating its liability within the format terms at the time of contract conclusion, and explains the format terms in accordance with the requirements, it should be deemed to have "taken reasonable measures" as referred to in Article 39 of the Contract Law. The party issuing the standardized contract format bears the burden of proof for having fulfilled the obligation of reasonable notice and explanation. For example, clauses such as insurance and compensation for goods damage can be highlighted using different fonts, sizes, or colors from other clauses, printed in a more prominent position, making the content immediately recognizable, indicating that the carrier has fulfilled its duty of care.
