Page:United States Statutes at Large Volume 46 Part 2.djvu/1194

 2802 Indemnity. PARCEL POST CONVENTION-DUTCH GUIANA. XII. Indemnity. July 9. 1:-130. August 18, 1930. Allvwance to sender. 1 . Except in cases of loss or damage through force majeure (causes beyond ('ontrol) as that term is defined by the legal decision3 or rulings of the country in the service of which the loss or damage occurs, when an insured parcel has been lost, rifled, or damaged, the sender, or other rightful claimant, is entitled to an il1demnity cor- responding to the actual amount of loss, rifling, or damage based on tile actual value at the time and place of mailing of the lost, rifled, or damaged article, unless the loss, rifling, or damage has arisen from the fault or negligence of the sender or the addressee or of the representative of either or from the nature of the article, proviu'd that the indemnity shall not exceed the sum fer which the required insurance fee was paid in the country of origin. ce~raDeit lnsursd par. In the absence of special agreement to the contrary between the . countries involved (which agreement may be made through corre- spondence) no indemnity will be paid by either country for the loss, rifling, or damage of transit insured parcels, that is insured parcels 'lri~inating in one of the two contracting countries or a third country adll.::. -o .ssed for delivery in some other country not a party to this Convent!on. je::S by force rna- 2. Neither administration is bound to pay indemnity in case of loss or damage due to force majeure under any particular definitions of that term unless the other administration will assume liability reciprocally under the same definitions of the term, altho1.:gh either' country may at its option and without recourse to the other country, pay indemn~ty for losses or damages occurring through force majeure under any definition of that term. P~cels forwarded to 3 If an insured parcel originating in one country and addressed 8 thud country.' • to the other country IS reforwarded or returned from the countrv PO!t, p. 2805. of the original address to a third country, the rightful claimant may claim only such indemnity, if any, for the loss, rifling, or damage which occurred subsequent to the redispatch of the parcel from the country I)f original address, as the country in which the loss, rifling or damage occurred is willing or obligated to pay under any agree- ment in force between the countries directly involved in the for- warding or return. Re!ponsibility for Either country adhering to this Convention which improperly ' mproper CIIlTiagll. forwards an insured parcel to a third country shall be responsible to the extent of the liability of the country of origin to the sender within the limit of indemnity fixed by the present Convention. Claim for Indemnity 4. No application for indemnity will be entertained unless a claim to be filed. or an inItial inquiry, oral or written, shall be filed by claimant or his representative within a year commencing with the day follow- ing _the posting of the insured parcel. dl No payment for in· 5. No compensati<'n shall be ~lVen for loss, injury, or damage con- rectloss etc. "1 ..d't ". i th1 dI" , sequentIa upon, 1. e ., m lree y arIsmg rom, e oss, non e Ivery, misdelivery, damage, or delay of any insured parcel transmitted under this convention. toTarmstroBot (talk)ti:nft entitled 6. No infdemI?-it t y. w~ll bel paid ffor in~uhredbl parctetels whiehttcontain matter0 nomrmSlCvauenor orperlS a ema rorrna erpro- hibited transmission in the parcel-post mails exchanged between the. contracting administration, or which did not conform to the stipula- tions of this Convention, or which were not posted in the manner prescribed, but the country responsible for the loss, rifling or damage. may pay indemnity in respect of such parcels without recourse to the. other administration. Relmbursemenlt off 7. Either of the Administrations may at its option reimburse the. postage, etc., on oss 0 "htful 1" t· th t fl· bld ft' parcels. rIg CaIman In e even 0 OSS, lrrepara e amage 0 en Ire. contents, or rifling of entire contents for thp, amount of postage or