S.I. No. 95/1985:

FOREIGN POST AMENDMENT (No. 27) SCHEME, 1985.

FOREIGN POST AMENDMENT (No. 27) SCHEME, 1985.

AN POST, in exercise of the powers conferred on it by Section 70 of the Postal and Telecommunications Services Act, 1983 , hereby makes the following Scheme:

1. (1) This Scheme may be cited as the Foreign Post Amendment (No. 27) Scheme, 1985.

(2) This Scheme shall come into operation on the 1st day of January 1985.

2. In this Scheme "the Principal Warrant" means the Foreign Post Warrant 1949 ( S.I. No. 267 of 1949 ).

3. The following paragraph is hereby substituted for paragraph (2) of Regulation 3 of the Principal Warrant:

"(2) The expression "Air Mail Packet" means a postal packet (other than an Express Mail Packet) on which an air fee has been prepaid and which is, at the request of the sender, conveyed through any part of its course by an air mail service".

4. The expression "Express Mail Packet" means a postal packet which, by virtue of an arrangement made between An Post and either the sender or the addressee thereof, it is agreed between An Post and such sender or receiver that this Scheme shall apply and the service under which such postal packets are collected, conveyed or delivered shall be known as the "Express Mail Service".

5. The following paragraph is hereby inserted after paragraph (4) of Regulation 3 of the Principal Warrant:

"(4A) The expression 'Express Mail Office' means any post office from time to time designated by An Post for the reception or any other treatment of Express Mail Packets".

6. Express Mail Packets or Express Packets may be accepted by An Post at Express Mail Offices or Express Delivery Offices respectively for conveyance to such places (whether in the State or not) as An Post may from time specify by public notice, advertisement or otherwise as it sees fit.

7. Notwithstanding anything to the contrary in the Principal Warrant, the terms of the arrangement referred to at Regulation 4 hereof shall be such as may be agreed from time to time between An Post and the sender or receiver.

8. (1) Without prejudice to the generality of Regulation 7 hereof, the Express Mail Service shall comprise the following principal services:--

(i) SCHEDULED SERVICE whereby a sender or addressee pursuant to an arrangement under Regulation 4 hereof agrees to use the Express Mail Service at a fixed level of frequency;

(ii) SCHEDULED SUPPLEMENTARY SERVICE whereby a sender or addressee who has previously made an arrangement for use of the Scheduled Service agrees to use the Express Mail Service for the conveyance of additional Express Mail Packets other than under the Scheduled Service; and

(iii) PUBLIC OCCASIONAL SERVICE whereby Express Mail Packets are sent in the Express Mail Service other than under the Scheduled Service or the Scheduled Supplementary Service.

(2) An Post shall in case of doubt or dispute decide under which of the foregoing services any particular Express Mail Packet shall be or has been conveyed and its decision shall be final.

9. (1) Express Mail Packets shall be designated "Business Papers" or "Merchanise", as appropriate, by the sender thereof who shall clearly inscribe, print or mark such designation on every such Express Mail Packet and, without prejudice to the generality of Section 14 of the Post Office (Parcels) Act 1882, shall be responsible for all the consequences thereof.

(2) The term "Merchandise" shall apply to all Express Mail Packets which shall at any time in the course of their transmission by Express Mail Service, and whether by virtue of such transmission or not, render the sender or receiver thereof responsible for any customs or excise duty or any Value Added Tax or other payment, tax, duty or financial charge of whatsoever kind, and whether local, provincial, national, international or pertaining to an association or community of states or otherwise and, without prejudice to the generality of the foregoing, Section 14 of the Post Office (Parcels) Act 1882 shall apply to all Express Mail Packets as if they were "foreign parcels" within the meaning of the said Section whether or not they would otherwise be such "Foreign Parcels".

10. (1) There shall be charged and paid upon Express Mail Packets the rates specified in the First Schedule hereto or the Second Schedule hereto (as the case may be) together with, as An Post may require, any or all of the charges referred to in Regulations 9 (2) or 10 (2) of this Scheme.

(2) Persons who have made an arrangement pursuant to Regulation 4 hereof may obtain the customs services specified in the first column of the Second Schedule hereto at the charges specified in the second column of the said schedule opposite the relevant entry in the said first column on the conditions specified in the third column of the said Schedule. The said customs services specified in this paragraph shall not be made available to any person by An Post unless and until An Post shall deem such services to be in operation, by means of a Scheme executed in pursuance of Section 70 of the Postal and Telecommunications Services Act 1983 .

(3) An Post shall determine from time to time in what destination zone a particular destination shall be included and it may proclaim such determination from time to time by public notice, advertisement or otherwise as it sees fit.

11. The making of an arrangement pursuant to Regulation 4 hereof and the giving or obtaining of any receipt, certificate, invoice or other document of whatsoever kind shall not be construed as giving rise to a contract between An Post and the sender or receiver of an Express Mail Packet and shall not render An Post liable for the loss, destruction or delay of any such packet or for any damage thereto howsoever arising while in the custody of An Post.

12. Notwithstanding the provisions of Regulation 11 and the other provisions of this Scheme, if any article of pecuniary value enclosed in, or forming part of, an Express Mail Packet be lost or damaged whilst in the custody of An Post, An Post may pay to any person or persons who may, in the opinion of An Post, establish a reasonable claim to compensation (having regard to the nature of the article, the care with which it was packed and other circumstances) such ex gratia sum as it may in its absolute discretion think just provided however that in no circumstances will An Post be deemed to be under my obligation whatsoever to make such payment.

13. (1) In default of payment in advance to An Post of charges due in advance or otherwise pursuant to an arrangement under Regulation 4 hereof An Post may recover such sums owing as if they were simple contract debts.

(2) In any proceedings arising out of paragraph (1) of this Regulation a certificate purporting to be signed by an officer of An Post that a specified sum is due to An Post from a specified person for any charge, duty, payment or service whatsoever arising out of the Express Mail Service shall, without proof, be prima facie evidence of the contents thereof.

14. (1) The limits of size and weight of Express Mail Packets shall not exceed those specified in the Third Schedule hereto.

(2) Notwithstanding the provisions of paragraph (1) hereof, An Post may proclaim by public notice, advertisement or otherwise from time to time as it sees fit that any provision of the Third Schedule shall not apply or shall be altered.

15. Regulation 11 of the Inland Post Warrant 1939 shall apply to Express Mail Packets and to the Express Mail Service as if in lieu of the annual fee therein specified there were specified such fee (if any) in respect of any period as to An Post might seem expedient, which fee (if any) shall be specified in the Conditions to the Second Schedule.

16. The provisions of the Principal Warrant set forth in the Fourth Schedule hereto shall not apply to Express Mail Packets or to the Express Mail Service.

17. Every Express Mail Packet shall be governed by the provisions of the Fifth Schedule hereto which shall constitute the Standard Terms of Service in addition to the remaining provisions of this Scheme, save where An Post or a duly authorised officer of An Post agrees in writing to a variation in whole or in part of the said Standard Terms of Service as set out in the said Fifth Schedule.

FIRST SCHEDULE -- SCHEDULE OF CHARGES

INTERNATIONAL SERVICE (To places outside the State)

Scheduled Service and Scheduled Supplementary Service.

Collection from sender's premises (available in Dublin and Cork only):

£1 per collection service on Scheduled Supplementary Service.

FIRST SCHEDULE -- SCHEDULE OF CHARGES

INTERNATIONAL SERVICE (To places outside the State)

Public Occasional Service

Collection from sender's premises (available in Dublin and Cork only):

£2 per collection service on Public Occasional Service.

FIRST SCHEDULE -- SCHEDULE OF CHARGES

NATIONAL SERVICE (To places within the State)

Scheduled Service and Scheduled Supplementary Service.

Collection from sender's premises (available in Dublin and Cork only):

£2 per collection subject to a maximum charge of £40 in any one month.

Public Occasional Service

Special rate for consignments for same address (Consignments to be made up in units not exceeding 20kg.):

Collection from sender's premises (available in Dublin and Cork only):

£2 per collection service.

SECOND SCHEDULE

Charges on incoming Express Mail Packets addressed to persons who have made an arrangement for scheduled service pursuant to regulation 4 of this scheme

THIRD SCHEDULE

Limits of size and weight of Express Mail Packets

1. The maximum weight of any Express Mail Packet shall be 20 kg.

2. The maximum dimensions of any Express Mail Packet shall be 1.5 metres in any one direction and 3 metres for the sum of the longest side and the greatest circumstance other than longitudinal.

FOURTH SCHEDULE

Regulations of the principal warrant which do not apply to Express Mail Packets or to the Express Mail Service

Regulations 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 (4) (a) and (d), (6) and (7), 17, 18, 19, 20, 21, 23 (1) (3) (4), 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 57.

FIFTH SCHEDULE

Express Mail Service

Standard Terms of Service

1. An Post shall in any case where payment of charges has not been made in advance of collection render to the sender on or after the last day of each month an invoice showing the charges due in respect of the services provided during the said month and the sender shall pay to An Post the full amount shown on the said Invoice within 14 days of the date thereof.

2. A claim or counterclaim made under any part of this service shall not be made the reason for deferring or witholding payment of moneys payable or liabilities incurred to An Post.

3. Every Express Mail Packet (hereinafter called "packet") shall be addressed in such manner and accompanied by such document relating to it as An Post may require provided that on the collection of the packet by An Post from the sender or the consignee he shall be entitled to a receipt therefor and that on the delivery of the packet by An Post to the sender or the consignee An Post shall be entitled to a receipt therefor.

4. Every packet shall be made up in a reasonably strong cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal.

5. Any article contained in the packet shall be adequately packed as a protection against damage in course of transmission and in particular:

(1) An article which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the article against the effect of such concussion, pressure and knocks to which postal packets are ordinarily exposed in transmission, and the packet shall bear the words 'FRAGILE WITH CARE' written conspicously in capital letters on the face of the cover above the address;

(2) An article which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the article from being bent in transmission, and the packet shall bear the words 'DO NOT BEND' written conspicuously in capital letters on the face of the cover above the address.

6. Every packet shall comply as to size and weight with the limits for the time being prescribed under the provisions for the time being in force of the Inland Post Warrant, 1939, the Foreign Post Warrant 1953 and the Foreign Parcel Post Warrant 1949.

7. An Post is not a common carrier and will accept packets for carriage only on the condition that it is not a common carrier.

8. An Post shall take all reasonable precautions to prevent unauthorised persons from having access to the packets or their contents and shall also take all reasonable precautions against loss of or damage to the same or their contents.

9. Notwithstanding the foregoing An Post shall not be liable for any loss or damage howsoever arising suffered by the sender or any other person or body which may result directly or indirectly.

10. Without prejudice to the generality of Clause 9 hereof An Post and its servants or agents shall not be liable for any loss or damage which might result directly or indirectly:

(1) from any loss of or damage to or delay in delivery of or non-delivery or misdelivery of the packet or its contents whether due to negligence or any other cause whatsoever;

(2) in any other way from the services or from failure wholly or in part to provide the services or from the arrangement;

(3) from loss from a packet or for damage thereto; or

(4) for any loss or damage:

(i) caused by failure to perform any of its or their obligations if such failure is the result of circumstances outside its or their control including the outbreak of war, any Government Act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppage, or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood, or any other Act of God;

(ii) being indirect or consequential loss or damage;

(iii) arising from insufficient or improper packing or addressing;

(iv) arising from the hazardous fragile or brittle nature or the machanical derangement of the goods; or

(v) arising from failure by the sender or the addressee to take delivery within a reasonable time.

11. The sender shall save harmless and keep An Post its servants and agents and all officers of An Post indemnified from and against all claims costs and demands by whomsoever made or preferred.

GIVEN under the Common Seal of AN POST the 25th day of February, 1985.

PRESENT when the Common Seal

of An Post was affixed hereto:

EXPLANATORY NOTE

This Scheme applies to the Foreign Post Service and comes into operation on the 1st day of January, 1985. It provides for the express delivery of outgoing foreign postal packets and allied services at specified rates of postage.