Page:United States Statutes at Large Volume 50 Part 2.djvu/567

 BAHAMAS-PARCEL POST AGREEMENT-D c t 21, 1936 ARTICLE VIII Exceptions to the Principle of Responsibility. The Administrations are relieved from all responsibility: (a) In case of parcels of which the addressee has accepted deliv- ery without reservation; (b) In case of loss or damage through force majeure (causes be- yond control) although either Administration may at its option and without recourse to the other Administration pay indemnity for loss or damage due to force majeure even in cases where the Adminis- tration of the country in the service of which the loss or damage occurred recognizes that the damage was due to force majeure. The country responsible for the loss abstraction or damage, must decide, in accordance with its internal legislation, whether this loss, abstrac- tion or damage was due to circumstances constituting a case of "force majeure"; (c) When, their responsibility not having been proved otherwise, they are unable to account for parcels in consequence of the destruc- tion of official documents through force majeure; (d) When the damage has been caused by the fault or negligence of the sender or the addressee or the representative of either, or when it is due to the nature of the article; (e) For parcels which contain prohibited articles; (f) In case the sender of an insured parcel, with intent to de- 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; (g) For parcels seized by the Customs because of false declaration of contents; (h) When no inquiry or application for indemnity has been made by claimant or his representative within a year commencing with the day following the posting of the insured parcel; (i) For parcels which contain matter of no intrinsic value or perishable matter or which did not conform to the stipulations of this Agreement 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. ARTICIE IX Termination of Responsibility. Administrations cease to be responsible for parcels of which they have effected delivery in accordance with their internal regulations for parcels of the same nature. Responsibility is, however, maintained when the addressee or, in case of return, the sender makes reservations in taking delivery of a parcel the contents of which have been abstracted or damaged. ARTICLE X Obligation to pay Compensation. The obligation to pay compensation, as well as the postage charges due to be refunded, rests with the Administration to which the office of origin of the parcel is subordinate. However, in cases where the compensation is paid to the addressee in accordance with Article VII, Section 2, second paragraph, the obligation shall rest with the Administration of destination. The paying Administration retains the right to make a claim against the Administration responsible. Exceptions to prin- ciple of responsibility. Unconditional ac- ceptance. Loss, etc., through force majeure. Destruction of offi- cial documents. Damage through fault of sender, ad- dressee, etc. Prohibited articles. Declared above real value. Seized, because of false declaration. Unclaimed within a year. Matter of no in- trinsic value, etc. Termination of re- sponsibility; excep. tion. Obligation to pay compensation. Country respon- sible. Ante, p. 1474. Claim for repay- ment.

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