Page:United States Statutes at Large Volume 50 Part 2.djvu/566

 1474 Limitation. Responsibility-In demnity. Nonresponsibilith for loss of ordinar: parcel. Allowancetosender Indirect damages or loss of profits. Return of postage on loss of parcel. Parcels originating in a third country. Parcels reforwarded to a third country. Responsibility for error. Defects in packing, etc. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES A parcel cannot give rise to the right to an indemnity higher than the actual value of its contents, but it is permissible to insure it for only part of that value. ARTICLE VII Responsibility. Indemnity. v 1. The Postal Administrations of the two contracting countries will not be responsible for the loss, abstraction or damage of an ordinary parcel. 2. Except in the cases mentioned in the Article following, the Administrations are responsible for the loss of insured parcels mailed in one of the two contracting countries for delivery in the other and for the loss, abstraction of, or damage to, their contents, or a part thereof. The sender, or other rightful claimant, is entitled to compensation corresponding to the actual amount of the loss, abstraction or dam- age. The amount of indemnity is calculated on the basis of the actual value (current price, or, in the absence of current price, the ordinary estimated value) at the place where and the time when the parcel was accepted for mailing, provided in any case that the in- demnity may not be greater than the amount for which the parcel was insured, and on which the insurance fee has been collected, or the maximum amount of 500 gold francs. 3. No indemnity is paid for indirect damages or loss of profits resulting from the loss, rifling, damage, non-delivery, misdelivery or delay of an insured parcel dispatched in accordance with the condi- tions of the present Agreement. 4. In the case where indemnity is payable for the loss of a parcel or for the destruction or abstraction of the whole of the contents thereof the sender is entitled to return of the postal charges, if claimed. However, the insurance fees are not in any case returned. 5. In the absence of special agreement to the contrary between the countries involved, which agreement may be made by corre- spondence, no indemnity will be paid by either country for the loss, rifling or damage of transit insured parcels, that is, parcels origi- nating in a country not participating in this Agreement and destined for one of the two contracting countries or parcels originating in one of the two contracting countries and destined for a country not participating in this Agreement. 6. When an insured parcel originating in one country and destined to be delivered in the other country is reforwarded from there to a third country or is returned to a third country at the request of the sender or of the addressee, the party entitled to the indemnity in case of loss, rifling or damage occurring subsequent to the reforward- ing or return of the parcel by the original country of destination, can lay claim, in such a case, only to the indemnity which the country where the loss, rifling or damage occurred consents to pay, or which that country is obliged to pay in accordance with the agreement made between the countries directly interested in the reforwarding or return. Either of the two countries signing the present Agree- ment which wrongly forwards an insured parcel to a third country is responsible to the sender to the same extent as the country of origin that is, within the limits of the present Agreement. 7. The sender is responsible for defects in the packing and insuffi- ciency in the closing and sealing of insured parcels. Moreover, the two Administrations are released from all responsibility in case of loss, rfling or damage caused by defects not noticed at the time of mailing. I-

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