« ПретходнаНастави »
March 3, 1933.
Parcel post agreement between the United States of America and New
Zealand with regulations of execution. Signed at Wellington, March 3, 1933; at Washington, April 24, 1933; approved by the President, May 3, 1933.
NEW ZEALAND AND THE UNITED STATES OF AMERICA
CONCERNING THE EXCHANGE OF PARCEL POST
The undersigned, provided with full powers by their respective Parcel post agreement governments, have by common consent and subject to ratification by Preamble. the competent superior authorities, drawn up the following Agreement:
Object of the Agreement. 1. Between the United States of America (including Alaska, Territory embraced. Puerto Rico, the Virgin Islands, Guam, Samoa, and Hawaii) on one hand, and New Zealand (including the Cook Islands (Rarotonga, Mangaia, Atiu, Aitutaki, Mitiaro, Mauke (or Parry), and Hervey or Manuae)]; Palmerston (or Avarua), Niue (or Savage), Danger, Rakahanga, Manihiki, Penrhyn (or Tongareva), and Suwarrow Islands; also Western Samoa (Savaii and Upolu Islands) and the Tokelau (Union) Group (Atafu, Fakaofo, and Nukunonu Islands]) on the other hand, there may be exchanged, under the denomination of parcel post, parcels up to the maximum weight and the maximum dimensions indicated in the Regulations of Execution.
1. Each Postal Administration guarantees the right of transit Rights guaranteed. through its service, to or from any country with which it has parcelpost communication, of parcels originating in or addressed for delivery in the service of the other contracting Administration.
2. Each Postal Administration shall inform the other to which countries parcels may be sent through it as intermediary, and the amount of the charges due to it therefor, as well as other conditions.
3. To be accepted for onward transmission, parcels sent by one of Intermediate Admin the contracting Administrations through the service of the other Administration must comply with the conditions prescribed from time to time by the intermediate Administration.
Collecting, from sender.
Postage and Fees. 1. The Administration of origin is entitled to collect from the sender of each parcel the postage and the fees for requests for information as to the disposal of a parcel made after it has been posted, and also, in the case of insured parcels, the insurance fees and the fees for return receipts, that may from time to time be prescribed by its regulations.
2. Except in the case of returned or redirected parcels, the postage and such of the fees mentioned in the preceding section as are applicable, must be prepaid.
Preparation of parcels.
Preparation of Parcels.
Articles specified. 1. The following articles are prohibited transmission by parcel
post : Letters, etc.
(a) A letter or a communication having the nature of a letter. Nevertheless it is permitted to enclose in a parcel an open invoice, confined to the particulars which constitute an invoice, and also a simple copy of the address of the parcel, that of the sender being
added. With different ad.
An enclosure which bears an address different from that dress.
placed on the cover of the parcel. Live animals. (c) Any live animal, except leeches. Nonadmissible (d) Any article the admission of which is forbidden by the Custicles.
toms or other laws or regulations in force in either country. Explosives.
(e) Any explosive or inflammable article, and in general, any article the conveyance of which is dangerous, including articles which from their nature or packing may be a source of danger to
postal employees or may soil or damage other parcels. Obscene, etc., articles. (f) Obscene or immoral articles. Designated uninsured articles.
(g) It is, moreover, forbidden to send coin, platinum, gold or silver (whether manufactured or unmanufactured), precious stones,
jewels, or other precious articles in uninsured parcels. Treatment of
If a parcel which contains coin, platinum, gold or silver (whether manufactured or unmanufactured), precious stones, jewels, or other precious articles is sent uninsured, it shall be placed under insurance
by the country of destination and treated accordingly. Prohibited articles erroneously handled.
2. When a parcel contravening any of these prohibitions is handed over by one Administration to the other, the latter shall proceed in accordance with its laws and inland regulations. Explosive or inflammable articles, as well as documents, pictures and other articles injurious to public morals may be destroyed on the spot by the
Administration which has found them in the mails. Parcel containing a The fact that a parcel contains a letter, or a communication having Jetter.
the nature of a letter, may not, in any case, entail the return of the parcel to the sender. The letter is, however, marked for the collection of postage due from the addressee at the regular rate.
April 24, 1933.
List of prohibited articles to be published.
The two Administrations advise each other, by means of the List of Prohibited Articles published by the International Bureau of the Universal Postal Union, of all prohibited articles. However, they do not assume, on that account, any responsibility towards the customs or police authorities, or the sender.
1. Parcels may be insured up to the amount of 500 francs gold or its equivalent in the currency of the country of origin. However, the Chiefs of the Postal Administrations of the two contracting countries may, by mutual consent, increase or decrease this maximum amount of insurance.
A parcel cannot give rise to the right to an indemnity higher than Limitation. the actual value of its contents, but it is permissible to insure it for only part of that value.
Indemnity. 1. Except in the cases mentioned in the section following, the Ad- Allowance to sender. ministrations are responsible for the loss of insured parcels mailed in one of the two contracting countries for delivery in the other and for the abstraction of or damage to their contents. The sender, or other rightful claimant, is entitled on this account
Amount restricted. to an indemnity corresponding to the actual amount of the loss, abstraction or damage. The amount of indemnity is calculated on the basis of the actual value (current price, or, in the absence of current price, at the ordinary estimated value) at the time and place of mailing of the parcel, provided in any case that the indemnity shall not exceed the amount for which the parcel was insured and on which the insurance fee has been collected, or the maximum of 500 francs gold. In the case where indemnity is payable for the loss of a parcel or lockerparcely
Return of postage on for the destruction or abstraction of the whole of the contents thereof, the sender is entitled to the return of the postal charges. However, the insurance fees are not in any case returned.
In the absence of special agreement to the contrary between the in Transit cooriginating countries involved no indemnity will be paid by either country for tined for either conthe loss of transit insured parcels originating in a country not participating in this Agreement and destined for one of the two contracting countries.
When an insured parcel originating in one country and addressed third country. for delivery 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 addressee, the party entitled to the indemnity, in case of loss, rifling or damage occurring subsequent to the reforwarding or return of the parcel by the original country of destination, can lay claim, in such cases, only to the indemnity which the country where the loss, rifling or damage occurred consents to pay, or which that country is obligated to pay in accordance with the agreement made between the countries directly interested in the refor
Responsibility warding or return. Either of the two countries signing the present error. 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 limit of the present Agreement.
Parcel forwarded to a
April 24, 1933.
Destruction of official documents.
Declared above real value.
Release of responsi. 2. The Administrations are relieved of all responsibility. Unconditional (a) In case of parcels of which the addressee has accepted de
livery without reservation. Loss, etc., through
(b) In case of loss or damage through force majeure (causes beforce majeure.
yond 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 Administration of the country in the service of which the loss or damage occurred recognizes that the damage was due to force majeure.
(c) When they are unable to account for parcels in consequence
of the destruction of official documents through force majeure. Damage through (d) When the damage has been caused by the fault or negligence fault of sender, ad- of the sender or the addressee or the representative of either, or
when it is due to the nature of the article. Prohibited articles. (e) For parcels which contain prohibited articles.
f) In case the sender of an insured parcel, with intent to defraud, 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. Seized, because of
(g) For parcels seized by the customs because of false declaration false declarations.
of contents. Unclaimed within a (h) When no inquiry or application for indemnity has been made
by claimant or his representative within a year commencing with
the day following the posting of the insured parcel. Matter of no intrinsic
(i) For parcels which contain matter of no intrinsic value or pervalue, etc.
ishable matter 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. Indirect loss, etc.
3. No compensation shall be given for indirect loss or loss of
profits of any parcel transmitted under this Agreement. Indemnity payment. 4. 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. Deferred, in exceptional cases.
However, the paying Postal Administration 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. Payment by country of origin il country of
5. Except in cases where payment is exceptionally deferred as destination delays ♡ 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. Country responsible.
6. The obligation of paying the indemnity shall rest with the Postal Administration to which the mailing office is subordinate, provided that in cases where the indemnity is paid to the addressee in accordance with the second paragraph of the first section, it shall
rest with the Postal Administration of destination. Claim for repayment.
The paying Administration retains the right to make a claim
against the Administration responsible. Responsibility of receiving country unable
7. Until the contrary is proved, responsibility for an insured parto show disposition. cel rests with the Postal Administration which having received the
parcel without making any observation and being furnished all necessary particulars for inquiry is unable to show its proper disposition.
April 24, 1933.
8. Responsibility for loss, abstraction or damage of an insured Dispatching office roparcel discovered by the receiving office of exchange at the time ered by receiving office. of opening the receptacles and duly notified to the dispatching office of exchange by Bulletin of Verification shall fall upon the Postal Administration to which the dispatching office of exchange is subordinate unless it be proved that the damage occurred in the service of the receiving Administration.
9. If the loss, abstraction or damage has occurred in course of Loss, etc., in transit. conveyance, without its being possible to ascertain in which service the irregularity took place, the Postal Administrations concerned bear the loss in equal shares.
10. The Postal Administration responsible or on whose account Repayment to coudpayment is made in accordance with Section 5 is bound to repay to the country making payment on its behalf, without delay and within not more than six months after receiving notice of payment, the amount of indemnity paid.
11. Repayments are to be made free of cost to the creditor Admin- Means to be used. istration by means of either a money order or a draft, in money valid in the creditor country, or by such other means as may be mutually agreed upon by correspondence.
12. Repayments of indemnity by one country to the other will be Repayments on gold made on the gold basis.
13. The responsibility of properly enclosing, packing and sealing for proper packing, etc. insured parcels rests upon the sender, and the postal service of neither country will assume liability for loss, rífling or damage arising from defects which may not be observed at the time of posting 14. The Postal Administrations of the two contracting countries No responsibility for
ordinary parcels. will not be responsible for the loss, abstraction or damage of an ordinary parcel; but either Administration is at liberty to indemnify for the loss, abstraction or damage which may occur in its service, without recourse to the other Administration.
Certificate of Mailing. Receipts.
Certificate of mailing. The sender will, on request at the time of mailing an ordinary Furnished sender, on (uninsured) parcel, receive a certificate of mailing from the post Office where the parcel is mailed, on a form provided for the purpose; and each country may fix a reasonable fee therefor.
The sender of an insured parcel receives without charge, at the Receipt. time of posting, a receipt for his parcel.
Return receipts and
inquiries. 1. The sender of an insured parcel may obtain an advice of delivery Advice of delivery. upon payment of such additional charge, if any, as the country of origin of the parcel shall stipulate and under the conditions laid down in the Regulations.
2. A fee may be charged, at the option of the country of origin, Request for informaon a request for information as to the disposal of an ordinary parcel and also of an insured parcel made after it has been posted if the sender has not already paid the special fee to obtain an advice of delivery 3. A fee may also be charged, at the option of the country of Irregularity com
plaints. origin, in connection with any complaint of any irregularity which prima facie was not due to the fault of the Postal Service.