Watch Out For The Four Kind Of Overlord Clause In Express Industry: Delay Not Pay &Nbsp; Unauthorized Kaifeng
Delay in express delivery
The clause stipulates that "the company is not transported." Incur loss through delay Any loss or damage resulting from any liability is a typical unjust form contract clause. The operating characteristic of express company is to express the express service to the addressee quickly and safely. It is not only the most basic content of the express contract, but also the basic content of the express contract. express The basic obligations of a company. If the courier company fails to deliver on time, it constitutes a practical breach of contract and should be liable for breach of contract.
No notification to the sender of Kaifeng.
If the express sent is a letter, according to the constitution, freedom of correspondence and communication secrets shall be protected by law. No organization or individual shall inspect its contents except for the needs of state security or the pursuit of criminal offences. Secondly, if the goods are sent to the category of non correspondence, the express company has the right to carry out the inspection, but this right is not the absolute right of the problem clause, but the right to be restricted. Inspection must be carried out in person at the time of delivery. Inspection It is the obligation of the express company. If the prohibited goods are still sent, the express delivery company will bear the legal liability.
Arbitrarily expand the scope of the "force majeure" exemption
If the express company fails to perform the contract because of force majeure, it shall notify the other party in time to reduce the loss that may be caused to the other party. The use of standard terms to make a contract is not exempt from the principal responsibility of the contract provider. Meanwhile, the party providing the standard terms shall remind and explain to the other party the terms of the exemption or limitation of liability.
Limitation of claim period
The following clauses are: "please inquire within 30 days from the date of receipt." Claim demage Overdue is regarded as a waiver of claims. " "The sender or addressee shall file a claim in writing to the company within 14 days from the date of the sending, and attach the relevant supporting documents. The company will answer the question whether it accepts the application within 30 days after accepting the relevant supporting documents. It is regarded as the right to automatically abandon the claim if the claim is not claimed within the specified time limit." Industry and Commerce Department staff said that express users have the right to claim. A courier company sets its claim period by itself, which is an invalid clause.
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