Just saw this thread this morning, parang kilala ko ang shipper nito ah sir
hemisphere, not sure though if he's a popular dvd collector in this community, hehehe
If i may interject some thoughts on the matter of "declared value" of the DVDs that we usually ship via air21.....
It is not only the common practice among shippers here in pinoydvd NOT to declare any value, BUT it is actually being
TOLERATED, ENCOURAGED or even SUGGESTED by the receiving personnel at the Mail & More shops. I had been using this courier since i started dealing DVDs here in this community, and they would always tell me "
you don't have to declare the actual value of the DVDs since your package will surely arrive at its destination tomorrow or the following business day", or other assuring and comforting words of similar import.
I totally agree with sir
hemisphere that a "declared value" of the DVDs will NOT in any way prevent or eradicate the loss, pilferage or theft of our packages, especially by scheming or conspiring employees of air21 who happened to know the true worth of Limited Edition DVDs or OOPs such as the items that he's been trying to collect. On the other hand, it might even encourage these thieves into stealing more packages with higher declared values, considering the fact that it will be the company that will pay for these lost packages anyway, and not them.
Or is it the policy of air21 to conduct a more thorough investigation and therefore pinpoint the culprit(s) behind missing packages with "declared value", and does not do so with the same vigor and dedication with respect to undeclared packages because their liability is limited only (according to them) to a measly sum of Php100.00 plus the actual cost of shipping charged to their clients.
I am no legal expert but IMHO this so-called "limited liability clause" which is prevalent in common carrier contracts is not at all encompassing as to its validity. This clause which is usually printed in very small font hardly visible to human eye, is already incorporated in bills of lading or airway bills that the shippers did not participate in the drafting of their terms and conditions, but are forced to acquiesce if they wish to avail of the services of the courier or transport company for that matter. In other words, these are contracts of adhesion that we customers are forced to agree on, otherwise we can not ship our packages. Take it or leave it, ika nga.
On several instances, the courts have declared this kind of contracts to be invalid, and allowed the shippers to prove the actual values of their packages. This is in consonance with the primordial obligation or responsibility of common carriers or couriers to
safely deliver our packages to their destinations without unnecessary delays. And the failure (and some say even refusal) of the shippers to declare any value of their packages would not in any way diminish this obligation on the part of the couriers or common carriers. In any case, it has been consistently ruled that in the event there is doubt as to these contracts of adhesion, the same will always be interpreted in favor of the shippers and against the couriers or common carriers.
Hence, the presence or absence of a "declared value" on our airway bills with air21 does not affect their responsibility and legal obligation to safely deliver our DVDs to their destinations. Neither does it affect their liability to pay for the actual values of our packages in case of loss, pilferage or theft, as long as we can prove the same with competent evidence in court.
Just my two cents.....pls feel free to correct me on any of the points raised above.
