Page:United States Statutes at Large Volume 58 Part 2.djvu/608

 1528 Retention of fees. Loss of transit in- sured parcels. Insured parcels re- forwarded or returned to a third country. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [58 STAT. 5. In all cases, insurance fees and, if the case arises, the dispatch 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 countries 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 reforward- ing 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 Agree- ment 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. ARTICLE XXII. Exceptions to the principle of responsibility. The two Administrations shall be released 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 of which the contents fall under the ban of one of Ante, p. 1524. the prohibitions mentioned in Article X. (e) For parcels which have been fraudulently insured for a sum exceeding the actual value of the contents, or for parcels seized by the Customs for false declaration of contents. (f) In respect of parcels regarding which the sender has not made Ante, p. 16B. inquiry within the period prescribed by Article XVIII. (g) In respect of any parcels containing precious stones, jewelry, or any article of gold, silver, or platinum exceeding $500 or £100 in value not packed in a box of the size prescribed by Article 6, Section Post, p. 1534. 3, of the Detailed Regulations. (h) 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;

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