Page:United States Statutes at Large Volume 49 Part 2.djvu/1218

 Claim to be filed. 4. No application for indemnity will be entertained unless a claim or an initial inquiry, oral or wrItten, shall be filed by claimant or his representative within a year commencing with the day following the posting of the insured parcel. No compensation for 5. No conlpensation shall be given for loss, inh'ur:r' or dama~e con- Indirect loss. • sequential upon i. e ., indirectly arising from t e OSS, non<le Iyery, damage, misdelivery, or delay of any insured parcel transmitted uu- der this Agreement, nor for parcels seized by the Customs because of false declaration of contents. Matter not entitled 6. No indemnity will be paid for insured parcels which contain 10 indemnity. matter of no intrinsic value nor for perishable matter or matter pro- hibited transmission in the parcel-post mails exchanged between the contracting Administrations, or which did not conform to the stipu- lations of this Agreement, or which were not posred 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. Rcimbursem~nt 7. Either of the Administrations may at its ol>tion reimburse the of P05t<lJ,:C, etc, on .oss • •• f. b.1 OfP;lft-eL ' rIghtful chmlant 111 the event 0 complete loss, Irreparu Ie uamage of entire contents or rifling of entire contents. for the amount of postage or special charges borne by an insured parcel, if claimed. The insurance fees are not in any case returned. xo responsibility ad- 8. No responsibility will be admitted for insured parcels which milted if ollicial docu- ment:; destroyed. can not be accounted for in consequence of the destruction of official documents through causes beyond control. Dedarpd above real 9 In case the sender addressee or owner of an insured parcel or value, etc. · ", his representative, shall, at any time knowingly allege the conrents to be above their real value, or whenever any false, fictitious, or fraud- ulent evidence is knowingly and wilfully introduced, the Administra- tion responsible for the indemnity reserves the right without any re- fund of fee or postage, t{) decline to pay indemnity or to pay such indemnity as may in its discretion be considered equitable in the light of the evidence produced. The enforcement of this rule shall not prejudice any legal proceedings to which such fraudulent evidence may have rendered the claimant liable. Administration 10. When an insured article has been lost, rifled, or dama!!ed. the of origin to pay indem- <- . nity within a year. Administration of origin shall pay indemnity to the rightful claim- ant as soon as possible and at the larest within a Iwriod of one year counting with the day following that on wh~ch the application is made, which payment shall be made on ac('ount of the Administra- tion of destination, if that Adminif-tration is responsible for the loss, rifling, or damage, and has been duly notified. Deferred payment. 11. However, the Administration of origin may, in the cases indi- cated in the foregoing paragraph, exceptionally defer payment of indemnity for a longer p<'riod than that stipulated if, at the expira- tion of that period, it has not been able to determine the disposition made of the article in question or the responsibility incurred. Country. of ori!;in 12. Except in cases where payment is exceptionally deferred as may pay. If country of 'dd'1f' 1th t f .. h destination delays 9 provi e In t 1e 'oregolllg para~rap 1, e coun ry 0 orl2;lll IS aut 01'- months. ised to pay indemnity on lJ<>half 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 mailing office is subordinate. That countrv can make a claim on the country responsible, that is to say, agains~t the Administration on the territory or in the service of which the loss, rifling or damage took place. .