A cargo accident refers to the destruction or loss of goods during the transportation of goods. After the occurrence of cargo accidents and breach of contract, the supporting parties and relevant parties shall prepare a record of the cargo accident.

During the transportation of goods, if the traffic accident causes damage or loss of the goods, the carrier shall first compensate the shipper, and then the party responsible for the accident shall be compelled.

In the process of handling cargo accidents, the consignee shall not detain the vehicle and the carrier shall not detain the goods. The detainee is responsible for the damage caused by the detention of the car and the goods.

1) The amount of compensation for cargo accidents shall be handled as follows:

There are two kinds of compensation for the amount of compensation for freight accidents and compensation for actual losses. Where the law or administrative regulations have provisions on the limitation of liability, in accordance with its provisions; if the limit of liability has not been stipulated, the actual loss of the goods shall be compensated.

In the insured transportation, all the goods are lost, and the price is compensated according to the insured price; if the goods are partially damaged or lost, the actual loss shall be compensated; if the actual loss of the goods is higher than the declared price, the price shall be compensated according to the declared price; if the goods can be repaired, the repair cost shall be added. Repair and delivery fee compensation. Insurance transportation is handled in accordance with the agreement agreed between the policyholder and the insurance company.

If the insurance or insurance transportation is not handled, and the liability for compensation is not stipulated in the contract of carriage of the goods, the compensation shall be made in accordance with the provisions of the first paragraph of this Article.

The damages for goods include the price of the goods, shipping and other miscellaneous expenses. When the price of goods includes transportation and miscellaneous charges, packaging fees and taxes paid, the expenses shall be added according to the proportion of all or short parts of the goods.

The amount of compensation for damage or loss of goods shall be calculated by the parties concerned. If there is no agreement or agreement is unclear in accordance with its agreement, the agreement may be supplemented. If the supplementary agreement cannot be reached, it shall be calculated according to the market price at the place where the goods arrive at the time of delivery or delivery.

If the carrier’s liability causes the loss or loss of the goods, the compensation in kind, freight and miscellaneous fees shall be collected; if the compensation is based on the price, the freight and miscellaneous fees received shall be refunded; if the damaged goods are still usable, the freight shall be collected.

After the loss of compensation for goods, it shall be checked back and shall be sent back to the Lord to recover the compensation or the in-kind; if the original owner is unwilling to accept the lost property or cannot find the original owner, the carrier shall handle it by itself.

If both parties are responsible for the late arrival of the goods, the delay of the vehicles, and the failure of the loading, they shall compensate each other according to the losses caused by their respective responsibilities.

2) Processing after cargo accident

The consignee and the shipper shall, after knowing that a cargo accident has occurred, shall endorse the cargo accident record with the carrier within the agreed time. If the consignee or the shipper does not endorse the cargo accident record with the carrier within the agreed time, or if the consignee or shipper cannot be found, the carrier may invite more than two uninterested persons to sign the cargo accident record.

The time limit for the compensation of goods shall be calculated from the day after the consignee or the shipper knows the cargo accident information or the record of the cargo accident.

The goods are received at the end of the 30th day of the agreed delivery time. It is regarded as loss, and the time limit for compensation for goods is calculated from the 31st.

Goods delivered without delivery within the agreed or specified shipping period are delayed.

When the party requests compensation from the other party, it must file a claim for compensation, and attach documents such as the transport note, the cargo accident record and the proof of the price of the goods. If it is required to return the freight, a receipt for miscellaneous fees should also be attached. The other party shall reply within 60 days from the day after the receipt of the claim for compensation.

If the carrier or the shipper breaches the contract, it shall pay the liquidated damages to the other party. The amount of liquidated damages shall be agreed upon by the parties.

The amount of compensation for the delay in delivery of the goods caused by the unintentional acts of the carrier shall not exceed the total freight amount of the goods delivered late.

The goods compensation fee will be paid in RMB.

If the shipper directly entrusts the operator of the station to load or unload the goods and causes damage to the goods, the operator of the station shall be responsible for compensation; if the carrier entrusts the operator of the station to organize the loading and unloading, the carrier shall first compensate the shipper and then operate the station. People recover.

When a carrier, shipper, consignee or related party fulfils a contract of carriage or handles a cargo accident, disputes or disputes shall be resolved in a timely manner or may be applied for mediation by the competent transportation department of the people's government at or above the county level; the parties are unwilling to settle and mediate. If the settlement or mediation fails, the arbitration institution may apply to the arbitration institution for arbitration; if the parties have not entered into an arbitration agreement or the arbitration agreement is invalid, they may file a suit in the people's court.