Page:United States Statutes at Large Volume 54 Part 2.djvu/604

 54 STAT.] EGYPT-PARCEL POST uly 17 1939 Sept. 13, 1939 1825 7. The sender is responsible for defects in the packing and insuf- Defectivepacking. ficiency 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. ABTIciL 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 delivery without reservation. (b) In case of loss or damage through force majeure (causes beyond 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 of 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 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. ARTICLE 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. Exceptions to the principle of responsi- bility. Termination of re- sponsibility.

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