Page:United States Statutes at Large Volume 50 Part 2.djvu/584

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

1492 Payment of com- pensation. Ante, p. 1490. Period for payment of compensation. Deferred payment. Payment when de- layed nine months. Fixing of responsi- bility. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES ARTICLE X. Payment of Compensation. The obligation to pay compensation, as well as the postage charges due to be refunded, rests with the Administration to which the office of origin of the parcel is subordinate. However, in cases where the compensation is paid to the addressee in accordance with Article VII, Section 2, second paragraph, the obligation shall rest with the Administration of destination. The paying Administration retains the right to make a claim against the Administration responsible. ARTICLE XI. Periodfor Payment of Compensation. 1. The payment of compensation for an insured parcel shall be made to the rightful claimant as soon as possible and at the latest within a period of one year counting from the day following that on which the application is made. However, the Administration responsible for making payment may exceptionally defer payment of indemnity for a longer period than that stipulated if, at the expiration of that period, it has not been able to determine the disposition made of the article in question or the responsibility incurred. 2. Except in cases where payment is exceptionally deferred as provided in the second paragraph of the foregoing section, the Postal Administration which undertakes the payment of compensation is authorized to pay indemnity on behalf of the Office, which, after being duly informed of the application for indemnity, has let nine months pass without settling the matter. ARTICLE XII. Fixing of Responsibility. 1. Until the contrary is proved, responsibility for an insured parcel rests with the Administration which, having received the parcel without making any reservations, and being put in possession of all the regulation means of investigation, cannot establish the disposal of the parcel. 2. When the loss, rifling, or damage of an insured parcel is de- tected upon opening the receptacle at the receiving exchange office and has been regularly pointed out to the dispatching exchange office, the responsibility falls on the Administration to which the latter office belongs, unless it be proved that the irregularity occurred in the service of the receiving Administration. 3. If the loss, rifling or damage has taken place in the course of transportation, without its being possible to establish on the terri- tory or in the service of which country the act took place, the Offices involved bear the loss in equal shares. 4. The Administration paying compensation takes over, to the ex- tent of the amount paid, the rights of the person who has received it, in any action which may be taken against the addressee, the sender or a third party. 5. If a parcel which has been regarded as lost is subsequently found, the person to whom compensation has been paid must be in- formed that he is at liberty to take possession of the parcel against repayment of the amount of compensation.