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[案例]今年的国庆节对于赵某来说,是一个值得特别纪念的节日,因为他亲眼目睹了建国50周年的盛典。他用相机将自己定格在那些美好的瞬间里。10月9日回到家后,赵某即将该筒胶卷交与某照相馆冲印部冲洗。在交付冲洗之前,赵某再三叮嘱此胶卷具有重要的珍藏价值,希望冲印部慎重处理,等等。工作人员接受胶卷后,随即开付一张印有“顾客须知”的取件凭证,约定第二日来取相片,同时赵某还按冲印部的要求支付了一定数额的定金。第二日赵某如约来取相片,可工作人员歉意的告诉他,那筒胶卷已丢失,为弥补赵某损失,冲印部将按取件凭证上的“顾客须知”第1项来办理,即“如遇意外损坏或损失,只赔同类同量胶卷”。赵某当然拒绝这种赔偿协议,双方商量未果,赵某决定诉之于法律,希望得到一个说法。
[Case] This year’s National Day for Zhao said that it is a special memorial festival, because he witnessed the 50th anniversary of founding ceremony. He fixed himself in the camera with those beautiful moments. After returning home on October 9, Zhao will be handed over to the photographic department with a photographic printing department. Before delivery of the rinse, Zhao repeatedly told the film has an important collection value, I hope the Department of the Ministry of careful processing, and so on. After the staff accepted the film, they immediately paid a photocopy of the receipt printed with “Customer Notice” and agreed to take the photo the next day. At the same time, Zhao also paid a certain amount of deposit as required by the printing department. The second day Zhao Mou as about to take photos, staff apologize to tell him that tube film has been lost, in order to make up for the loss of Zhao, the Department will be printed on the pick-up certificate “Customer Notes ” No. 1 to handle , That is “In case of accidental damage or loss, only the same amount of compensation for the same film ”. Zhao certainly refuses this kind of compensation agreement, the two sides failed to discuss, Zhao decided to sue in the law, hoping to get a statement.