Page:United States Statutes at Large Volume 47 Part 2.djvu/568

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2174 Indemnity-Con· tinued. PARCEL POST CONVENTION-FINLAND. September I, 1932. September 23, 1932. 2. In the absence of special agreement to the contrary between the countries involved (which agreement may be made t.hrough corre- spondence) no indemnity will be paid by either country for the loss, rifling, or damage of trt1l1l8it registered or imured parcels ori~nating in one of the two contracting countries addres.')t>d for dehvery in some other country not a party to this Convention or originating in a third country addressed for delivery to one of the two contracting countries. 3. In case an insured parcel originating in one country and addressed for delivery in the other country is forwarded or returned from the country of original address to a third country, the rightful claimant shall be entitled to only such indemnity, 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 ~,ny agreement in force between the countries directly involved in the forwarding or return. Either country adhering to this Con- vention which improperly forwards an insured parcel to a third coun- try, shall be responsible therefor to the extent of liability of the country of origin to the sender within the limit of indemnity fixed by this Convention. 4. No application for indemnity will be entertained unless a claim or an initial inquiry, oral or wrItten, shall be filed by claimant or his representative within a year commencing with t,he day follow- ing the posting of the insured parcel. 5. No compensation shall be given for loss, injury, or damage consequential upon, i. e ., indirectly arising from, the loss, nonde- livery, damage, misdelivery, or delay of any insured parcel trans- mitted under this Convention, nor for parcels seized by the Customs because of false declaration of content!:'. 6. No indemnity will be paid for insured parcels which contain matter of no intrinsic value nor for perishable matter or matter prohibited transmission in the parcel post mails exchanged between the contracting Administratbns, or which did not conform to the stipulations of this Convention, 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. 7. Either of the Administrations may at its o1?tion reimburse the rightful claimant in the event of complete loss, Irreparable damage of entire contents or rifling of entire contents for the amount of postage or specill charges borne by an insured parcel, if claimed. The insurance fees are not in any case returned. 8. No responsibility will be admitted for insured parcels which can not be accounted for in consequence of the destruction of official documents through causes beyond control. 9. In case the sender, addressee, or owner of an insured parcel, or his representative, shall at any time knowingly allege the contents to be above their real value, or whenever any false, fictitious, or fraudulent evidence is knowingly and wilfully introduced, the Ad- ministration responsible for the indemnity reserves the right without any refund of fee or postage to decline to pay indemnity or to pay such indemnity as may in its discretion he considered equitable in the light of the evidence produced. The enforcement of this rule shall not prejudice anY' legal proceedings to which such fraudulent evidence may have rendered the claimant liable. 10. When an insured article has been lost, rifled, or damaged, the Administration of origin shall pay indemnity to the rightful claim-