First Full Price Compensation For "Clothing Loss" In Wuhan

　　 Consignment companies have lost customers' goods. According to the trade rules, it has always been several times of the freight. Customers often have to give in despite of complaints. Yesterday, at the order of the Wuhan Industry and Commerce Department, the shipper paid the customer the full amount of the value of the goods for the first time.  

In late May, Ms. Wang, who was doing clothing business in Wujiashan, Dongxihu District, entrusted Wujiashan Tengxin Consignment Department with a packing carton containing 30 pieces of clothing to consign it to Hebei, with a freight of 40 yuan. On June 13, the Hebei customer said that the goods had not arrived. Ms. Wang went to the consignment department to check, and the other party admitted that the clothes had been lost during the transportation. The two sides have great differences on the amount of compensation.

Ms. Wang complained to the Dongxihu Industrial and Commercial Bureau that the purchase price of the consigned clothes was 7437.87 yuan, and the consigning department should compensate in full. At the same time, she provided proof of clothing payment. The Consignment Department believes that Mr. Wang did not show proof of the value of the goods and did not insure the goods before signing the consignment note. The notes on the back of the Cargo Waybill said: "If the goods are consigned to our department for carriage, 80% of the insured price will be paid, otherwise 3 times of the freight will be paid." Therefore, the Consignment Department believes that 3 times of the freight, i.e. 120 yuan, should be paid according to the compensation standard in the consignment note.

According to the industry and commerce department, Ms. Wang delivered the clothes to the Consignment Department for shipment, and the Consignment Department collected the freight, thus forming a transportation contract relationship between the two parties. If the consignment note indicates the limit of compensation clause but does not have other obvious prompt signs, it shall be deemed that the consignment department has failed to fulfill the reasonable obligation of prompt and explanation. Although the consignment note stipulates that "three times the freight shall be paid", this clause is a standard clause that reduces the carrier's liability for compensation and limits the shipper's right to claim compensation. After mediation, the Consignment Department compensated Ms. Wang for 7437.87 yuan of clothing costs and returned 40 yuan of freight.