Page:United States Statutes at Large Volume 49 Part 2.djvu/1122

 3138 PARCEL POST AGREEMENT-l\IALAYA. January 21, 1935. March22, i93~ country, shall be r('sponsible therefor to the extent of the liability of the country of origin to the sender within the limit of the liability fixed by this Agreement. Claim to be filed. 4. No application for indemnity will be entertained unless a cIa im or an initial inquiry, oral or wrjtten: shall be filed by claimant or his representative within a year commencing with the day following the posting of the insured parcel. No ('(lmpensation for 5. No compensation shall be given for loss, injury or damage con- indirect loss. •I ..d'1 " f 11 1l' sequentla upon, I.e., In Irect y arIsmg rom 2 Lle 08S, non-( e Ivery or mis-delivery of any insured parcel transmItted under this Agree- ment. Matter not entiUe<l 6. No indemnity will be paid for insured parcels which contain to indemnity. matter of no intrinsic value nor for perishable matter or matter prohibited transmission in the parcel post mails exchanged between the contracting Post Offices, or which did not conform to the stipu- lations of this Agreement, or which were not posted in the manner prescribed, but the country responsible for the loss may pay indem- nity in respect of such parcels without recourse to the other Posi Office. Reimbursemenlt or f 7. Either of the Post Offices may at its option reimburse the right- postage, etc., on oss 0 f 1 I'. th tf . It I' bl _1
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ilBfceJ. 11 calmant In e even 0 eomp (' e oss, lITepara e uamage 0 entire contents, or rifling of entire contents, for the amount of post- age or special charges borne by an insured parcel, if claimed. The in· suranee fees are not in any case returned. No responsibiJity ad- 8. No responsibility will be admitted for insured l)arcels ,,,hicll mitte" ir official docu- ments destrcyed. cannot be accounted for in consequence of the destruction of official documents through causes beyond control. Res<>rvationin(,:lseof 9. In case the sender, addressee or owner of an insured parcel false statements, etc.. • 111 . k.1II I or Ius representabYe, s 1a at any tune ~no'\lJlg y a ege t 1e cOlltellb to be aboye their real valne, or ·whenever any false, fietitious, 01 fraudulent evidence is knowingly and wilfully introduced, the Pos1 Office responsible for the indemnity reserves 'the right without an~ refund of fee or postage to decline to pay indemnity or to pay sucll indemnity as may in its discretion be considered equitable in the light of the evidence procured. The enforcement of this rule shall not prejudice any legal proceedings to which such fralHlulent evi· dence may·have rendered the claimant liable. . Administr~tionor!>r- 10 When an insured article has been lost or its contents abstractecl .~m to pay mdcIDDIty • • • < '. within 8 year. or damaged the. Post OfJic~ of the country of ?rIgm shall pay m· demnity to the rIghtful clannant as soon as possIble and at the lates1 within a period of one year counting with the day following that OIl which the application is made, which payment shall be made on ac· count of the Post Office of the country of destination, if that Post Office is responsible for the loss and has been duly notified. Deferred payment. 11. However, the Post Office of the country of origin mny, in th" case indicated III the foregoing paragraph, exceptionally defer pay- ment of indemnity for a longer period than that stipulated if, at tfu expiration ·of that period, it has not been :1 hIe to determine the dis- position made of the article in question or the. responsibi1ity incllrrt'd. Country. or origin 12. Except in cases where pavment exceptIOnally deferred as nro- may pay, .fcountry of 'dd'1f' 'h tl . t f'··· I ..1 destination delays nine VI e In t 1e oregOlng paragrap, 1e conn ry 0 ol'l~rIn 1S aut 10rIt-.~-u months. to pay indemnity on behalf of the country of destination if that country has, after being duly informed of the application for indem- nity, let nine months pass without settling the matter. Country responsible. 13. The obligation of payinO' the indemnity shall rest with the country to which the maihng office is subordinate. That country can make a claim on the country responsible, that is to say, against the Post Offico on the territory or in the service of which the loss rifling or damage took place.