Common use of RESPONSIBILITY FOR LOSS OR DAMAGE Clause in Contracts

RESPONSIBILITY FOR LOSS OR DAMAGE. 1. Except in the cases mentioned in Article 16 the two postal administrations shall be responsible for the loss of parcels and for the loss, damage or abstraction of their contents or of a part thereof. The sender is entitled under this head to compensation corresponding to the actual amount of loss, damage or abstraction, for uninsured parcels, the compensation shall not exceed the amount fixed by legislation of the administration of origin subject to a maximum of 60 gold francs for a parcel not exceeding 10 Kgs in weight. This limit may be varied by mutual consent of the two postal administrations. For an insured parcel the amount of compensation shall not exceed the amount for which it was insured. 2. Compensation shall be paid to the addressee when he claim its, either after making reservations when accepting delivery of a pilfered or damaged parcel, or if he proves that the sender has waived his rights in his favour. In calculating the amount of compensation indirect loss or loss of profits shall not be taken into consideration. 3. Compensation shall be calculated in accordance with the current price of goods of the same nature at the place and time at which the goods were accepted for transmission. 4. Where compensation is due for the loss, destruction or complete damage of a parcel or for the abstraction of the whole of the contents, the sender is entitled to the return of the postage also. 5. In all cases the insurance fee and the despatch (posting) fee if any shall be retained by the postal administration concerned.