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1 Article 1 Purpose of the Memorandum This Memorandum regulates the recciprocal exchange of Internati-onal Speeclpost/Express Mail items between contracting administ-rations. Article 2 Definitions The terms used hereafter bear the following significance : 1 Programmed Service -- The service which allows the sender tosend items to an addressee in accordance with a previously fi-xed schedule, on the basis of a contract. 2 On--demand Service - The service which allows the sender to s-end items to an addressee without a previously fixed schedule and upon a contractual or non-contractual basis. Article 3 Programmed Service 1 Each administration offers a programmed service on a contract-ual basis to users who agree to use the service on a previous-ly fixed level of frequency for sending their items to a desi-gnated addressee. 2 Each administration supplies the other administration with alist of localities to which the service is available and with an approximate table of delivery times for items in each loca-lity, based on international timetable of air and rail servic-es. 3 When a contract for programmed service is concluded, each adm-inistration shall provide the other administration the follow-ing information, at least ten days before the service Comes i-nto operation ; a) The contract number of the user concerned in each despatcch; b) The names and addresses of the sender and the addressee ; c) The days on which items are to be despatched; d) Flights to be used ; e) Time of delivery of the item, determined during the prelim-inary enquiry ; f) The date fixed for the despatch of the first item. 4 Similiar notices shall also be given to the receiving adminis-tration before a service is altered or terminated. Article 4 On--demand Service 1 Each administration offers an on-demand service, operated on acontractual or non--contractual basis. 2 Each administration supplies the other with a list of localit-ies to which Speedpost / EMS items may be sent. 3 Each administration supplies the other with an approximate sc-hedule of delivery times for each locality where on--demand s-ervice is admitted. This schedule shall be based on the inter-national timetables of air and rail services used for despatchof the said items, and shall take into account the time of ar-rival at the exchange office of destination. 4 Each administration informs the other of all the identifyingmarks or figures used for on-demand service. Article 5 Admissible Articles 1 Letter post material of no intrinsic value, e.g. : -- Businesspapers, computer data (including punched cards or tapes, magn-etic tapes, listings, microfilm etc.). 2 Samples and merchandise should be accompanied by a C1 or C2/CP3 form. Article 6 Fees to be Paid by the Sender Each administration determines the fees to be paid by senders f-or despatch of their items and keeps the whole of the revenue o-btained. Article 7 Expenses and Fees to be Paid by the Addressee Each administration is authorised to collect from the addresseethe customs charges and any other fees. Article 8 postage The items shall be stamped or franked in accordance with the me-thod admitted by the administration of origin. Article 9 Prohibitions The prohibitions of the Universal Postal Convention shall applyin all cases. Article 10 Customs Inspection 1 All pouches or packages subject to customs examination shallbe resealed by the customs officers and indication of such in-spection shall be evident by a customs seal or stamp. 2. The parties shall undertake to expe- dite customs clearance of incoming items, to ensure delivery to addressee within the shortest possible time. Article 11 Size and Weight Limits 1 The limit of size of each item shall be 1.5 metres for any on-e dimension nor 3 metres for the sum of the length and the gi-rth. 2 The weight limit of each item shall not exceed 20 kilograms.Article 12 Treatment of Items Wrongly Accepted 1 When an item containing an article prohibited underArticle9 has been wrongly admitted to the post, the prohibited artic-le is dealt with according to the legislation of the administ-ration establishing its presence. 2 When the weight or the dimension of an item exceed the limitsestablished under Article 11, it is returned to the administr-ation of origin as an International Speedpost / EMS item if t-he regulations of the administration of destination do not pe-rmit delivery. 3 When a wrongly admitted item is neither delivered to the addr-essee nor returned to origin, the administration of origin is informed how the item has been dealt with and of the reasons justifying such treatment. Article 13 Undeliverable Items. Return to Origin 1 After every reasonable effort to deliver an item has proved u-nsuccessful, the item is held at the disposal of the addresseefor the period of retention provided for by the regulations atthe administration of destination. 2 An item refused by the addressee or any other undeliverable i-tem is returned, at no charge,to the administration of origin by International Speedpost / EMS service. Article 14 Items or Rage Arriving out of Course and to be Redirected Each item or bag arriving out of course is redirected at no cha-rge to its proper destination by the most direct route used bythe administration which has received the items or bags. Article 15 Enquiries 1 Each administration is to reply as soon as possible to requestfor information in respect of any item. 2 Regular requests for confirmation of delivery are not admittedas a rule. 3 Requests for information are accepted only within four monthsof the day following the date of posting. Article 16 Remuneration in the Case of Imbalance 1 At the end of each year, the administration which has receiveda larger quantity of International Speedpost/EMS items than ithhas sent during that year shall have the right to collect fr-om the other administration as compensation, an imbalance cha-rge for the surface handling and delivery costs it has incurr-ed for each additional item received. 2 Each administration shall establish an imbalance charge per i-tem which shall correspond to the costs of services. 3 Modifications of the imbalance charge may be made as follows :a) Each administration may increase its imbalance charge when such an increase is necessary due to an increase in the co- sts of services. b) To be applicable, any such modification of the-imbalance c-harge must : (i) be communicated to the other administration at Least threemonths in advance ; (ii) remain in force for at least one year. 4 No imbalance charge shall be collected if the difference in t-he number of items exchanged is less than one hundred. Article 17 Expenses for Domestic Air Transport within the Country of Destination Expenses for domestic air transport within the country of desti-nation may be claimed where necessary in accordance with the di-sposition of the convention if applicable. Article 18 Transit Despatches 1 The administrations shall agree to provide transit by air fordespatches sent via their respective services. They will advi-se one another of reforwarding and transit facilities. 2 In accordance with Paragraph 1 above, each administration sha-ll undertake to provide transit for despatches addressed to ororiginating from another administration with which EMS items are exchanged, and advise the approximate time required for c-arrying out this service. Article 19 Liability of Administration Each administration decides its own compensation policy in thecase of loss, damage, theft or delay. Payment of compensation,if any, is to be the sole responsibility of the administration.Neither administration may claim indemnification from the otheradministration, unless previously agreed. Article 20 Temporary Suspension of Service Where justified by extraordinary circumstance, either administr-ation may temporarily suspend service. The other administrationmust be informed immediately of such suspension and of the resu-mption, if need be by telegram, telex or telephone. Article 21 Application of the Convention The Convention is applicable by analogy in all cases not expres-sly by described in this Memorandum. Article 22 Duration of Memorandum The 1Memorandum will remain valid for six months after notice oftermination is given by one or other of the contracting adminis-trations. The administrations can agree to extend this period toond year. Article 23 Effective Date The present Memorandum becomes effective on March 1, 1988 FOR THE POSTAL ADMINISTRATIONOF THE REPUBLIC OF CHINA [Signed] Charles C. Y. Wang Director General of Posts Taipei Date : February 10, 1988 FOR THE POSTAL ADMINISTRATION OF TOGO [Signed] Tchamdja ANDJO Lome, le 02 AOUT 1988