'Iraqi Post and Telegraph Guide 1930' [‎39v] (81/483)

52
Foreign Post.
contents thereof being lost or damaged in the course of transmission by
post, he payable to the sender of the letter, compensation on account of
such loss or damage not exceeding the amount for which the letter has
been insured ; provided that where the addressee makes reservation on
taking delivery of a damaged article or of an article the contents of
which have been abstracted, or furnishes proof that the sender has
waived his rights in the addressees favour, compensation as aforesaid
shall be payable to the addressee and not to the sender. When the
contents of the letter are lost or wholly destroyed, the sender will be
further entitled to a refund of the expenses of transmission, and when
an error on the part of the Post Office gives rise to enquiry as to the
disposal of the letter, to a refund of any fee paid on account of such
enquiry ; but the sender will in no case be entited to a refund of the
fee paid for insurance ; provided that the compensation in no case
exceeds the value of the aidicle lost or the amount of the damage caused
and that loss of profits or other indirect loss will not be taken into con
sideration in the assessment of compensation ; provided, also, that no
compensation will be payable
(a) where the loss or damage has been caused by the fault or
negligence of the sender or arises from the nature of the
article or there has been misdelivery arising out of the
incorrectness or incompleteness of the address as recorded
by the sender :
(£>) where the insurance has been fraudulently made for a sum
above the real value of the contents, or there has been any
other fraud on the part of the sender or addressee :
(c) where the insured article has been delivered to the
addressee and he has signed and returned the receipt there
for without protest or without lodging a complaint im
mediately after taking delivery ;
(d) where the sender or addressee has not given intimation of
the loss or damage within one year following the day of
posting ;
(c) where the loss or damage was due to improper or insecure
packing ;
(/) where there is no visible damage to the cover' or seals ;
(r/) in cases beyond control (e.g, tempest, shipwreck, earthquake,
war, etc) ;
(Ji) where the insured article cannot be traced in consequence
of the destruction of the documents relating to it from
causes beyond control ;
(/) where the insured article contained anything the transmis
sion of which by the foreign letter post is prohibited or
(;) where the insured article was for a destination beyond the
post office at which insurance is available, which is lost !