Page:United States Statutes at Large Volume 48 Part 2.djvu/222

 1494 PARCEL POST AGREEMENT-NR\V ZEALAND. March a. 19a3. April 24,1933. b4)Release or responsi- 2 . The Administrations are relieved of all responsibility. C~'condltional (a) In case of parcels of which the addressee has accepted de- acceptance. livery without reservation. far~}:~t: through (b d > In case ofllhoss 0hr d~mhageAthdro~gh fOt~ce majeure t (~tausest~e­ yon control) a t oug elt er mmlstraIon may a Is opIon and without recourse to the other Administration pay indemnity for loss or damage due to force majeure even in cases where the Ad- ministration of the country' in the service of which the loss or da~age occurred recognizes that the damage was due to force majeure. Destruction or om- (c) When they are unable to account for parcels in consequence cial documents. •• hhf . of the destruction of offiCIal documents t roug orce majeure. Dam~ through (d) When the damage has been caused by the fault or negligence TarmstroBot (talk) 19:30, 8 July 2014 (UTC) etc~nder, ad- of the sender or the addressee or the representative of either, or when it is due to the nature of the article. Prohibited articles. (e) For parcels which contain prohibited articles, Declared above real (f) In case the sender of an insured parcel, with intent to de- value. fraud, shall declare the contents to be above their real value; this rule, however, shall not prejudice any legal proceedings necessitated by the legislation of the country of origin. faPS:~:C8t=~ or (g) For parcels seized by the customs because of false declaration of contents. Unclaimed within a (h) ,\Vhen no inquiry or application for indemnity has been made year. by claimant or his representative within a year commencing with the day following the posting of the insured parcel. , Matter or no Intrinsic (i) For parcels which contain matter of no intrinsic value or per- value, etc. ishable matter or which did not conform to the stipUlations 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 re~ourse to the other Administration. Indirect loss, etc. 3. No compensation shall be given for indirect loss or loss of profits of any parcel transmitted under this Agreement. Indemnity payment. 4. The payment of compensation for an insured parcel shall be made to the rightful claimant as soon as possible and at the latest within a period of one year counting from the day following that on which the application is made. tlc?n~er~. In excep. However, the paying Postal Administration may exceptionally defer payment of indemnity for a longer period than that stipUlated if, at the expiration of that period, it has not been able to determine the disposition made of the article in question or the responsibility incurred. PaYf!lent by country 5. Except in cases where payment is exceptionally deferred as or origID Ir country or 'dd'h d. hfhf . . h destination delays 9 prOVl e In t e secon paragrap 0 t e oregomg sectIon, t e montb.q. Postal Administration which undertakes the payment of compensa- tion is authorized to pay indemnity on behalf of the Office which, after being duly informed of the application for indemnity, has let nine months pass without settling the matter. Country responsible. 6. The oblIgation of paying the indemnity shall rest with the Postal Administration to which the mailing office is subordinate, provided that in cases where the indemnity is paid to the addressee 111 accordance with the second paragraph of the first section, it shall rest with the Postal Administration of destination. Clalmrorrepayment. The paying Administration retains the right to make a claim against the Administration responsible. ce:!.TarmstroBot (talk)uTarmstroBot (talk)re 7. Until the contrary is proved, responsibility for an insured par- to show disposition. cel rests with the Postal Administration which having received the parcel without making any observation and being furnished all nec- essary particulars for mquiry is unable to show its proper disposition.