A Study On The Validity Of The Limitation Of Unsecured Express Quotations

Because of its convenient and efficient service and cheap charges, China’s express delivery industry has owned the majority of consumers in recent years. The number of courier companies and courier increase dramatically. Delivery service is really convenient to our daily life, but it also brings troubles to us at some point. The compensation for the damage of uninsured express mail is the first one. In the light of the insured and uninsured mail, courier companies have worked out different indemnity clauses in the service contract. Senders need to pay fee, but also need to pay insurance fee according to express the declared value at a certain proportion. When the deliveries emerge damages and losses, courier companies compensate according to the declared value. This is the compensation clause of insured express mall. Courier companies set the maximum amount of compensation for uninsured express mail. When the express mail is damaged, the compensation will be paid within the limit of the maximum amount. We call it the limited compensation clause of uninsured express mall. In real life, because the limitation of compensation is far from the actual loss of consumers, so it easily leads to a large number of disputes. As a result, the research of the effectiveness of the limited compensation clause of uninsured express mail is very necessary."Postal law" and many related specifications and documents have not been clearly defined that whether the limited compensation clause of uninsured express mail. There is a big controversy in theory and practice. We can not generally deny the effectiveness of the limited compensation clause of uninsured express mail. Recognizing its effectiveness has rationality. It is in line with the principle of freedom contract. Limits the carrier’s liability is practice of domestic and international transportation industry. Although recognizing its effectiveness may have some negative impact, the positive impact is more indelible. Especially in the present, China’s express delivery industry is in its infancy. The damage of express mails happens frequently. It is need to limit the liability for compensation to ensure the long-term development of the industry. So we should acknowledge the effectiveness of the limited compensation clause of uninsured express mail when certain conditions are met.Because of having double characters of standard terms and exemption clause, the clause must satisfy double conditions to be effective. Combined with the actual situation of express industry, effective condition characterized by the following three points: 1.The clause must conform to the principle of fairness; 2. Fulfill obligations of drawing attention to the clause and explaining the clause; 3. Eliminate the intentional behavior or the behavior of gross negligence. Only at the same time satisfy the above three conditions, the limited compensation clause of uninsured express mail can be effective.