Page:United States Statutes at Large Volume 54 Part 2.djvu/622

 BARBADOS-PARCEL POST- Ag 14, 1939 Sept. 13, 1939 The sender or other rightful claimant is entitled under this head to compensation corresponding to the actual amount of the loss, ab- straction, or damage. The amount of compensation for an insured parcel shall not exceed the amount for which it was insured. In cases where the loss, damage, or abstraction occurs in the service of the country of destination, the Administration of destination may pay compensation to the addressee at its own expense and without consulting the Administration of origin, provided that the addressee can prove that the sender has waived his rights in the addressee's favor. 2. In calculating the amount of compensation, indirect loss or loss of profits shall not be taken into consideration. 3. Compensation shall be calculated on the current price of goods of the same nature at the place and time at which the goods were accepted for transmission or, in the absence of current price, at the ordinary estimated value. 4. Where compensation is due for the loss, destruction, or complete damage of an insured parcel or for the abstraction of the whole of the contents, the sender is entitled to return of the postage also, if claimed. 5. In all cases, the insurance fees and, if the case arises, the dis- patch fee shall be retained by the Administrations concerned. 6. In the absence of special agreement to the contrary between the countries involved, which agreement may be made by correspondence, no indemnity will be paid by either country for the loss of transit insured parcels; that is, parcels originating in a country not partici- pating in this Agreement and destined for one of the two contracting countries or parcels originating in one of the two contracting coun- tries and destined for a country not participating in this Agreement. 7. When an insured parcel originating in one country and destined 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 destination 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 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. Aimcrl XXI. Exceptions to the principle of responsibi7ity. The two Administrations shall be relieved from all responsibility: (a) In cases beyond control (force majeure). (b) 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 a cause beyond control (force majeure). (c) When the damage has been caused by the fault or negligence of the sender, or when it arises from the nature of the article. (d) For parcels the contents of which fall under the ban of one of the prohibitions mentioned in Article IX. (e) For parcels which have been fraudulently insured for a sum exceeding the actual value of the contents, or parcels seized by the Customs for false declaration of contents. Compensation. Return of postage on loss of parcel. Retention of fees. Loss of transit in- sured parcels. Insured parcels re- forwarded to a third country, etc. Exceptions to the principle of responsi- bility. 54 STAT.] 1843

�