Page:United States Statutes at Large Volume 54 Part 2.djvu/605

 Obligation to pay compensation. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [54 STAT. 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 responsible Administration. ARTICLE XI. Periodfor payment of compensation. Pofed foenrsation 1. The payment of compensation for an insured parcel shall be made to the rightful claimant as soon as possible and at the latest within a period of one year counting from the day following that on which the application is made. Deterred payment. However, the Administration responsible for making payment may exceptionally defer payment of indemnity for a longer period than that stipulated if, at the expiration of that period, it has not been able to determine the disposition made of the article in question or the responsibility incurred. deferred nine month. 2. Except in cases where payment is exceptionally deferred as provided in the second paragraph of the foregoing section, the Postal Administration which undertakes payment of compensation is author- ized to pay indemnity on behalf of the Office which, after being duly informed of the application for indemnity, has let nine months pass without settling the matter. ARTICLE XII. Fixing of responsi- bility. Fixing of responsibility. 1. Until the contrary is proved, responsibility for an insured parcel rests with the Administration which having received the parcel without making any reservations and being put in possession of all the regulation means of investigation, cannot establish the disposal of the parcel. 2. When the loss, rifling, or damage of an insured parcel is detected upon opening the receptacle at the receiving exchange office and has been regularly pointed out to the dispatching exchange office, the responsibility falls on the Administration to which the latter office belongs, unless it be proved that the irregularity occurred in the service of the receiving Administration. 3. If the loss, rifling, or damage has taken place in the course of transportation, without its being possible to establish on the territory or in the service of which country the act took place, the Offices involved bear the loss in equal shares. 4. The Administration paying compensation takes over to the ex- tent of the amount paid, the rights of the person who has received it in anyaction which may be taken against the addressee, the sender, or a third party. 5. If a parcel which has been regarded as lost is subsequently found the person to whom compensation has been paid must be informed that he is at liberty to take possession of the parcel against repayment of the amount of compensation.

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