Because of its unique advantages of being affordable, convenient, and complete, the online store is in full swing. Wuxi citizens have been able to identify the business opportunities and have started an emerging online shopping business. In August last year, according to the orders of netizens, Tension successfully purchased the paints of many famous brands such as Nippon, Ivy and Dulux from the dealers. Subsequently, Zhang Li's partner Li Gang delivered 2 tons of paint to Yang Zhongwei from Shanghai to the Wuxi office. However, the batch of goods did not arrive on time. Zhang Ling and Li Gang angered and sent Yang Zhongwei to court to claim compensation for the goods. A total of more than 70,000 yuan were charged for breach of contract, such as freight, shipping, and order payments to customers.
According to the plaintiff, on September 1st last year, Zhang Li and Li Gang commissioned Yang Zhongwei to carry 2 tons of paints and coatings. The two sides agreed on the same day to ship the goods from Minhang District of Shanghai to Renmin East Road in Wuxi City. Zhang Li and Li Gang paid 480 yuan. Yuan freight. However, the batch of goods has not been shipped to them. After investigation by the plaintiff, Yang Zhongwei found that all overloaded cargoes were completely damaged due to overloading of tyres during transit. Yang Zhongwei is now required to compensate all losses totaling more than 70,000 yuan.
Yang Jianzhong argued that the goods were delivered to Wuxi on time, but the shipper requested to be shipped to Renmin East Road, and there were signs that dangerous goods were prohibited from passing on Renmin Dong Lu, so they could not be delivered to their destination. On the afternoon of the next day, the goods were shipped back to Shanghai and the consignor was notified to pick up the goods, but the consignor had not picked up the goods. Only 2 tons of goods have been recognized, and they have been piled up in a certain place in Shanghai, and the plaintiff’s claims of value and liquidated damages have not been recognized. The defendant did not breach the contract and did not need to bear the corresponding legal responsibility. He requested the court to dismiss the original claim.
For both parties’ statements, the adjudicator requested the plaintiff to provide evidence of the specific losses, and the defendant provided evidence that the goods could not be shipped to the destination due to legitimate reasons, but neither party provided sufficient evidence. In the end, under the auspices of the court, the two parties reached a mediation agreement: Yang Zhongwei paid the pay and Li Gang had 5,000 yuan, and delivered a batch of goods to Tension and Li Gang. Tension and Li Gang suffered from the inability to provide evidence and the serious reduction in the initial claim of more than $70,000. The reason for this is that the consignment note is too simple and general, and only a few notes indicate the weight of the receipt of 2 tons. There is no comprehensive description of the necessary conditions for the name, brand, quantity, and value of the goods. If the plaintiff in the transaction with the defendant, the arrival of the goods from the purchaser's list as an attachment to the consignment note to the defendant to sign and approve, the value of the plaintiff’s losses is easily proved.