Novaya Poshta refused to compensate the entrepreneur for two iPhones
Simferopol, March 29 (Navigator, Alexander Puras) – A private entrepreneur from Sevastopol was convinced by his own example of the intricacies that allow Nova Poshta LLC not to be responsible for the safety of valuable cargo during shipment.
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At the end of May 2013, an entrepreneur contacted the branch of Nova Poshta LLC with the aim of transporting two mobile phones of the iPhone 5 brand, with a total cost of 11726 UAH, which was confirmed by the consignment note.
After 10 days, the cargo was returned to the entrepreneur due to the recipient’s refusal to pay for it. In the acceptance certificate, which was drawn up between the entrepreneur and Novaya Pochta LLC, in the comments column it is indicated that the returned phones do not correspond to the ones sent. That is, the fact of cargo substitution was actually certified.
After some time, the entrepreneur sent a claim to the administration of Nova Poshta LLC with a request to consider the possibility of compensation for the cost of losses caused during transportation in the amount of 11726 UAH. However, this claim was left unanswered.
At the court hearing, it was established that Nova Poshta LLC, in the event of loss or damage to the shipment (cargo), returns to the sender an amount that is equal to the declared value, which is declared in the waybill.
However, it was also established that at the beginning of May 2013, Novaya Poshta LLC entered into an agreement on the provision of intermediary services, in accordance with the terms of which the actual carrier undertook, at his own expense, to organize the transportation and forwarding of cargo from the consignor to the consignee. According to this agreement, the carrier is not liable for the discrepancy between the sent goods and the delivered goods! Thus, Novaya Poshta LLC became only an intermediary between the sender of the cargo and the transport company that actually delivered the cargo. At the same time, no one actually bears responsibility for the safety and integrity of the goods.
Refusing to satisfy the demands of the Sevastopol entrepreneur, the Economic Court of the city of Sevastopol proceeded from the fact that the existence of material-legal relations between the entrepreneur and the carrier had not been proven, and therefore there was no liability for improper transportation of cargo and, as a consequence, loss of the shipped goods.
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