Page:United States Statutes at Large Volume 46 Part 2.djvu/717

PARCEL POST AGREEMENT-LEEWARD ISLANDS. May 27, 1929:.. 2325 July 11, 1929. sentative of either or from the nature of the article, providfld that the Limitation. indemnity shall not exceed the sum for which the required insurance fee was paid in the country of origin. In the absence of special agreement to the contrary between the 1I!e~::~Mo~o~e~ countries involved (which agreement may be made through C01'- party hereto. respondence) no inde1llllitJ. will be paid by either country for the loss, rifling or damage of transIt insured parcels, that is parcels originating in one of the two contracting countries addressed for delivery in some other country not a party to this agreement, orrarcels origmating in a third country addressed for delivery in one 0 the two contracting countries. 2. Neither Administration is bound to pay indemnity in case of je~ by force ma' loss or damage due to force majeure under any particular definitions of that term unless the other Administration will assume liability reciprocally under the same definitions of the term, although either country may at its option and without recourse to the other country, pay indemmty for losses, or damages occurring through force majeure under any definition of that term. 3 In case an insured parcel originating in the United States or the P~ce1s forwarded to • & thll'd country. Leeward Islands addressed to the other country.! is forw9,1"ded or re- turned from the United States or the Leeward Islands to a third country, the rightful daimant shall be entitled to only such indem- nity, if any, for any loss, rifling, or damage which occurs subsequent to the redespatch of the parcel in the country of original address, as the country in which the loss, rifling or damage occurred is willing or obligated to pay under any agreement in force between the countries directly involved in the forwarding or return. Either country adher- ing to this Agreement which improperly forwards an insured parcel to 8. third country, shall be responsible therefor to the extent of the liability of the country of origin to the sender within the limit of indemnity fixed by this Agreement. 4. No application for indemnity will be entertained unless a claim Claim (or, to be filed. or an initial inquiry, oral or written, sh&ll be filed by claimant or his representative within a year commencing with the day following the posting of the insured parcel. 5. No compensation shall be given for loss, injury, or damage con- infTarmstroBot (talk) 16:20, 18 January 2013 (UTC)n:f;ion for sequential upon, i. e. indirectly arising from the loss, nondelivery, , . damage, misdelivery or delay of any insured parcel transmitted under this Agreement. 6. No indemnity will be paid for insured parcels which contain to16:20, 18 January 2013 (UTC)~~ entitled matter of no intrinsic value nor for perishable matter or matter pro- hibited transmission in the parcel-post mails exchanged between the contracting Administrations, or which did not conform to the stipu- lations 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. 7E'th fthAd..tt' t't t' . b th Reimbursement of • • 1 e~0 ~ mlms ra IOnS maya I s .op Ion retm urse e postage, etc., o n loss of nghtful claImant m the event of complete loss, Irreparable damage of parcels. entire conwnts or rifling of entire contents, for the amount of postage or special charges borne by an insured parcel, if cls.uned. The insurance fees are not in any case returned. 8 No responsibility will be admitted for insured parcels which can- NorespoD;sl.bllltyad· 't' ,. mitted If orlgInsl doeu· not bo accounted for m consequence of the destructIOn of offiCIal docu- menta destroyed. ments through causes beyond control. ,9. In case t~e sender, addresse~ or ownet: of an insured parcel, or fal~e:~t!16:20, 18 January 2013 (UTC)~of his representatlve, shall, at any tIme lmowmgly aUege the contents to be above their real value, or whenever any false, fictitious, or fraudulent evidence is knowingly and wilfully introduced, the Admin- istration responsible for the indemnity reserves the right without any