Page:United States Statutes at Large Volume 50 Part 2.djvu/583

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GIBRALTAR-PARCEL POST AGREEMENT-Dec. 18 , 1936 Jan. 5 ,1937 1491 ment made between the countries directly interested in the reforward- ing 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. 7. The sender is responsible for defects in the packing and insuffi- Responsibilit for ciency in the closing and sealing of insured parcels. Moreover, the etc. pack two Administrations are released from all responsibility in case of loss, rifling, or damage caused by defects not noticed at the time of mailing. ARTICLE VIII. Exceptions to the Principle of Responsibility. ciefesptons to prin The Administrations are relieved from all responsibility: (a) In case of parcels of which the addressee has accepted delivery cUncditi°nal ac- without reservation; (b) In case of loss or damage through force majeure (causes .forcS et. thro" ugh beyond control) although either Administration may at its option and without recourse to the other Administration pay indemnity for loss or damage due to force majeure even in cases where the Adminis- tration of the country in the service of which the loss or damage occurred recognizes that the damage was due to force majeure. The country responsible for the loss, abstraction or damage must decide in accordance with its internal legislation, whether this loss, abstrac- tion or damage is due to circumstances constituting a case of force majeure; (c) When, their responsibility not having been proved otherwise, Destruction of offl- they are unable to account for parcels in consequence of the destruc- docuents tion of official documents through force majeure; (d) When the damage has been caused by the fault or negligence Daemage through of the sender or the addressee or the representative of either, or when daet 'setnde ad- it is due to the nature of the article; (e) For parcels which contain prohibited articles; Prohibited articles. (f) In case the sender of an insured parcel, with intent to defraud, ad above real shall declare the contents to be above their real value; this rule, however, shall not prejudice any legal proceedings necessitated by the legislation of the country of origin; (g) For parcels seized by the Customs because of false declaration flse de.ciaratf of of contents; (h) When no inquiry or application for indemnity has been made unclaimed within a by claimant or his representative within a year commencing with ar the day following the posting of the insured parcel. (i) For parcels which contain matter of no intrinsic value or Matter of no in- perishable matter or which did not conform to the stipulations 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. ARTICLE IX. Termination of Responsibility. The Administrations cease to be responsible for parcels of which they have effected delivery in accordance with their internal regu- lations for parcels of the same nature. Responsibility is, however, maintained when the addressee or, in case of return, the sender makes reservations in taking delivery of a parcel the contents of which have been abstracted or damaged. Termination of r- sponsibility.