Page:United States Statutes at Large Volume 54 Part 2.djvu/603

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [54 STAT. tries may, by mutual consent, increase or decrease this maximum amount of insurance. tidemnity, limita- 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. ATICLE VII. Responsibility. Indemnity. Ordinaryparcels. 1. The Postal Administrations of the two contracting countries will not be responsible for the loss, abstraction, or damage of an ordinary parcel. Insured parcels. 2. Except in the cases mentioned in the Article following, the Ad- ministrations 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. andemnity, compu- The sender, or the addressee if he proves that the sender has waived his rights in his favor, is entitled to compensation corresponding to the actual amount of the loss, abstraction, or damage. The amount of indemnity is calculated on the basis of the actual value (current price or, in the absence of current price, the ordinary esti- mated value) at the place where and the time when the parcel was accepted for mailing; provided in any case that the indemnity 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. Indirect damages, 3. No indemnity is paid for indirect damages or loss of profits e. resulting from the loss, rifling, damage, nondelivery, misdelivery, or delay of an insured parcel dispatched in accordance with the eturof conditions of the present Agreement. chag es pot 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 iclaimed. However, the insurance fees are not in any case returned. transit insured par- 5. In the absence of special agreement to the contrary between the caes. countries involved, which agreement may be made by correspondence, no indemnity will be paid by either country for the loss, rifling, or damage of transit insured parcels, that is, parcels originating 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 participat- ing in this Agreement. foured parcels rhie 6. When an insured parcel originating in one country and destined country, etc. 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 refor- warding or return of the parcel by the original country of destina- tion, 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 agree- ment made between the countries directly interested in the refor- warding 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. 1824

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