Page:United States Statutes at Large Volume 51.djvu/300

 298 Responsibility for defects in packing, etc. Exceptions to prin- ciple of responsibility. Release; when. 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. Indemnity un- claimed within a year. Matter of no intrin- sic value, etc. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES 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 agreement 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 in- sufficiency in the closing and sealing of insured parcels. Moreover, the two Administrations are released from all responsibility in case of loss, rifling or damage caused by defects not noticed at the time of mailing. ARTICLE IX. Exceptions to the principle of responsibility. The Administrations are relieved from all responsibility: (a) In case of parcels of which the addressee has accepted delivery 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 Admin- istration 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 is 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 de- struction 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 defraud, shall declare the contents to be above their real value; this rule, how- ever, 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 per- ishable 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. ARTICLE X. Termination of responsibility. Termination of re- Administrations cease to be responsible for parcels of which they sponsibility. have effected delivery in accordance with their internal regulations Reservations. 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.

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