法邦网—法律法规查看

1 Article 1 Purpose of the Memorandum This Memorandum regulates the reciprocal exchange of Internatio-nal Speedpost/ CAI Ultra Rapido items between contracting admin-istrations. Article 2 Definitions The terms used hereafter bear the following significance: 1 Programmed Service - The service which allows the sender to s-end items to an addressee in accordance with a previously fix-ed schedule, on the basis of a contract. 2 On-demand Service - The service which allows the sender to se-nd items to an addressee without a previously fixed schedule and upon a non - contractual basis. Article 3 Programmed Service 1 Each administration offers a programmed serviceon a contractu-al basis to users who agree to use the service on a previouslyfixed level of frequency for sending their items to a designa-ted addressee. 2 Each administration supplies the other administration with alist of localities to which the service is available and withan approximate table of delivery times for items in each loca-lity, based on arriving timetable of air services. 3 When a contract for programmed service is concluded, the admi-nistration of origin shall provide the administration of dest-ination the folowing information, at least 10 days before theservice comes into operation: a) The conumber of the user concerned in each despatch; b) The names and addresses of the sender and the designated a-ddressee; c) The days on which items are to be despatched; d) Flights to be used; e) Date and time of delivery of the item, determined during t-he preliminary enquiry; f) The date fixed for the despatch of the first item. 4 Sirniliar notices shall also be given to the receiving admini-stration before a service is altered, introduced or terminated. Article 4 On-demand Service 1 Each administration offers an on-demand service, operated on anan-contractual basis. 2 Each administration supplies the other with a list of localit-ies to which on-demand items may be sent. 3 Each administration supplies the other with an approximate sc-hedule of delivery times for each locality where on-demand se-rvice is admitted. This schedule shall be based on the arrivi-ng timetable of the flights used for transporting of the saiditems. 4 Each administration informs the other of all the identifyingmarks or figures used for on-demand service. Article 5 Admissible Articles 1 From the Republic of China to Panama or from Panama to the Re-public of China,the service will operate for business papers,computer data and merchandise. 2 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 non-postal fees. Postage Article 8 The item shall be prepaid in accordance with the method admittedby the administration of origin. Article 9 Prohibitions The prohibitions of the Universal Postal Convention shall applyin all cases. Article 10 Customs Inspection 1 All bags and packets subject to customs examination shall beresealed by the customs officers and indication of such inspe-ction shall be evident by a customs seal or stamp. 2 The parties shall undertake to expedite customs clearance ofincoming items, to ensure delivery to addressee within the sh-ortest possible time. Article 11 Size and Weight Limits 1 The limit of size of each item shall be l.05 metres for any o-ne dimension nor 2 metres for the sum of the length and the g-irth. 2 The weight limit of each item shall not exceed 15 kilograms.Article 12 Treatment of Items Wrongly Accepted 1 When an item containing an article prohibited under Article 9has been wrongly admitted to the post, the prohibited articleis dealt with according to the legislation of the administrat-ion 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/Ultra Rapido it-em if the regulations of the administration of destination donot permit delivery. 3 When a wrongly admitted item is neither delivered to the addr-essee nor returned to origin, the administration of origin isinformed 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 internal regu-lations at the 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 originby International Speedpost / Ultra Rapido service. Article 14 Items or Bags Arrivingout 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 item or bag, 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/Ultra Rapido ite-ms than it has sent during that year shall have the right to collect from the other administration as compensation, an imb-alance charge for the handling and delivery costs it has incu-rred 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 cbarge whensuch an increase is necessary due to an increase in the co- sts of services. b) To be applicable,any sush modification of the imbalance ch-arge must: (i) be communicated to the other administration at least t- hree months in advance; (ii) remain in force for at least one year. Article 17 Expenses for Domestic Air Transport Each administration which provides air conveyance of items with-in its country shall be entitled to reimbursement of internal a-ir conveyance dues at rates established in the provisions of theConvention which govern internal air conveyance dues. Article 18 Transit Despatches 1 The administration 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 o-r originating from another administration with which Speedpost/Ultra Rapido items are exchanged, and advise the approximatetime required for carrying out this service. Article 19 Liability of Administrations Each administration decides its own compensation polioy in thecase of loss, damage, theft or delay. Payment of compensation,if any, is to be the sole responsibility of the administrationof origin. Neither administration may claim indemnification fromthe other administration. Article 20 Temporary Suspension of Service Where justified by extraordinary circumstances, either administ-ration 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 described in this Memorandum. Article 22 Duration of Memorandum The Memorandum 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 the period toone year. Article 23 Effective Date The present Memorandum becomes effective on June 1,1986. For the Postal Administration of the Republic of China [Signed] Charles C. Y. Wang Director General of Posts Date : May 3, 1986 For the Postal Admini- stration of the Republic of panama [Signed]