(2) When a clear insurance endorsement cannot be stamped directly on the package, the postal employee will attach a white blank gummed label, item 0-27G, to the package and stamp the impression on it. Each package will be postmarked unless a postage meter stamp is used to pay charges.

(3) Private insurance endorsements or markings may not appear on the address side of mail matter but may appear elsewhere provided they do not resemble official postal endorsements and are not confused with postal endorsements. § 162.5

Delivery.

(a) General provisions. Delivery is made in accordance with the following provisions and those in Part 154. Parcels insured for over $15 are delivered in accordance with the regulations for the delivery of registered mail (see § 161.4 of this chapter), except that when delivery has not been restricted, mail addressed to a person at a hotel, apartment house, or the like, may be delivered to any person in a supervisory or clerical capacity to whom the mail is customarily delivered. The responsibility of the Postal Service ends at this time.

(b) At letter carrier offices. (1) Insured mail is held for the period specified in the sender's return address, but not in excess of 15 consecutive days. If no return period is specified, the mail is held for 15 days. The retention period of 15 days applies also to offices to which the mail may be forwarded.

(2) Insured parcels will be delivered to the addressee's home, or if he receives his mail in a post office box or through general delivery, he will be furnished a notice of the arrival of the parcel. If the parcel is undelivered after 5 days, a second notice will be sent. If addressee does not accept the parcel when it is offered, it will be returned to the post office and held for the length of time directed by the sender, but never more than 15 days. The addressee may go to the post office and obtain the parcel or he

may request that it be delivered to his home again. The mailer may also request that it be delivered again.

(c) At offices not having carrier delivery service. The addressee is notified when an insured parcel is on hand for delivery. The notice is placed in the general delivery or in a post office box. A second notice is issued if the article is undelivered after 5 days.

(d) Rural delivery. Rural carriers will deliver insured mail to the residence if it is not more than one-half mile from the route and if there is a passable road leading to it. Otherwise, the carrier will leave a notice in the box so that the addressee may either meet him at the box on his next trip or call at the post office for the mail. For delivery by rural carriers or at personnel and nonpersonnel rural stations and branches, see Part 156.

(e) On star routes affording delivery service. Star route carriers will deliver insured parcels if required by the contract. Delivery will be made only at the customer's box or along the route.

(f) Damaged packages. Damaged packages will be delivered if possible. When a damaged package is refused by the addressee, the sender will be informed of the damage and of the addressee's refusal. If sender does not reply, a partially damaged package will be returned to him at the end of the retention period. Packages damaged beyond repair will be held a reasonable time awaiting instructions or a request for payment of postal insurance. If not received, the mailing postmaster will be requested to ascertain what disposition will be made of the package.

(g) Spoiled contents. When the contents of a package are spoiled, the postal employee will write on the receipt form the date and hour the package was received, the date and hour it was delivered to the addressee, whether the package was endorsed "Perishable," and any known cause of delay or improper handling.

(h) Examination of mail. The addressee or his representative may read and copy the name and address of the mailer from insured mail while it is in the possesion of the postal employee. Examination of the contents may be made only after delivery has been made.

§ 162.6 Receipts.

(a) Unnumbered packages. Unnumbered packages will be delivered as ordinary mail.

(b) Numbered packages. Postal employees will take signed receipts for the delivery of numbered packages on the following forms:

(1) Form 3849, when delivery is made by carrier, and window delivery at firstand second-class offices.

(2) Form 3850, Form 3849, for window deliveries made at third- and fourthclass offices.

(3) Form 3883, when addressees regularly receive an average of three or more packages at one time.

(4) Also, Form 3811, Return Receipt, when this service is requested by the sender.

(a) Purpose. Customers may mail an article for which they have not been paid and have the price and the cost of the postage collected from the addressee when the article is delivered. This is collect-on-delivery or COD service. The amount collected is returned to the mailer by a postal money order. The fees for COD service include insurance against loss, rifling, or damage to the article and failure to receive the amount collected from the addressee.

(b) Mail which may be sent COD. First-, third-, and fourth-class matter may be sent as COD mail.

(c) Conditions. (1) The mail must bear the complete names and addresses of sender and addressee.

(2) Amount collected from the addressee will not exceed $200.

(3) The amount to be collected or the amount of insurance coverage desired, whichever is higher, determines the COD fee.

(4) The sender guarantees to pay any return postage unless otherwise specified on the mail.

(5) The goods shipped must have been ordered by the addressee.

(d) Prohibitions. COD service cannot be used for:

(1) Collection agency purposes. (2) Return of merchandise about which some dissatisfaction has arisen, unless the new addressee has consented in advance to such return.

(3) Sending only bills or statements of indebtedness, even though the sender may establish that the addressee has agreed to collection in this manner. However, when a legitimate COD shipment consisting of merchandise, bill of lading, etc., is being mailed, the balance due on a past or anticipated transaction may be included in the charges on a COD article, provided the addressee has consented in advance to such action.

(4) Parcels containing moving-picture films mailed by exhibitors to movingpicture manufacturers, distributors, or exchanges. Such parcels may be sent as insured mail, or, if sealed, by first-class registered mail.

(e) Restrictions on COD service to military installations. COD service is not available for articles having an APO or FPO designation as part of the address, including, official shipments and shipments to Armed Forces agencies.

(f) Service with U.S. possessions and territories. There is no COD service with the Canal Zone, or Canton Island. There is COD service to and from Majura, Marshall Islands; Saipan, Mariana Islands; and Ponape, Truk, Koror, and Yap, Caroline Islands. COD articles may be mailed from but not to Pago Pago, Samoa.

(a) Where to mail. COD parcels must be mailed at a post office, branch, or station, through a rural carrier or at a personnel or nonpersonnel rural station or branch. They may not be placed in mail drops at post offices, nor in or on street mail boxes. They may not be left on, but may be placed in, rural mail boxes.

(b) Individual receipts for mailing. A receipt is issued for each COD parcel mailed on one of the following forms:

(1) Sender's receipt part of COD tag Form 3816 or specially printed COD tag. (2) Form 3877-A or specially printed firm bills.

(3) Recapitulation sheets or receipt portions of multiple forms specially printed by the mailers.

(c) Temporary receipts. The postmaster will issue a temporary receipt when the number of articles presented for COD at one time warrants it. The permanent receipt will be issued as soon as possible.

(d) Firm mailing books, COD tags, and address labels. Firm mailing books, Form 3877-A, are furnished without charge to customers who mail an average of three or more parcels at one time. Spaces are provided for entering the description of parcels to be sent COD. The sheets of these books become the senders' receipts and the post office records. The books must be presented with the parcels to be mailed. Following are instructions for their use:

(1) The postmaster will assign a series of numbers using Form 3857, Assignment of Number Blocks for Registered, Insured, Certified, and COD Mail. He will keep the use of prefixes to a minimum. Use of suffixes will not be permitted. The mailer must number the articles and the items to correspond. Entries must be made in duplicate with carbon paper.

(2) A COD tag must be securely affixed by the sender to each COD article, showing article number, names and addresses of sender and addressee, amount due sender, and amount of money order fee necessary to make remittance. The necessary particulars must be filled in by

sender. Stock tags are furnished by the post office without charge. There are three types of tags eyeletted for tying to parcels, and one uneyeletted type for attaching by gummed tape. Specially printed COD tags approved by the Postal Service are also used. The eyeletted tag, Form 3816, composed of delivery office portion, delivering employee's coupon, mailing office record and the sender's receipt, is intended for use by customers mailing less than three articles at one time.

(3) The particulars required on the tag must be filled in by the sender with ink, indelible pencil (not ordinary lead pencil), or typewriter. The Postal Service is not responsible for errors by senders in stating charges to be collected.

(4) When the COD remittance is to be sent to someone other than the actual mailer, the name and address of the person to whom the money is to be sent must appear in the proper spaces on the address side of the COD tag. The name and address of the actual mailer must be placed on the back of the delivery office portion of the tag. The name and address of the person to whom the money is to be paid must be shown as sender on the COD parcel itself, together with directions as to return, if undeliverable.

(5) The COD endorsement showing the amount due the sender and the money order fee necessary to make the remittance must be noted on the package.

(6) When COD parcels are addressed to distant points or to overseas domestic destinations, the mailer may, if he desires to expedite remittance, attach an addressed, prepaid airmail reply envelope to the back of the COD tag at time of mailing.

(e) Nursery stock shipments. Firms mailing nursery stock may print special COD tags bearing instructions as to disposition of shipments that are not immediately delivered. These tags must contain a coupon that will be returned with the money order. The following rules apply:

(1) If the sender does not desire to have the undeliverable parcel disposed of to the highest bidder, the sender's instructions on the back of the deliveryoffice portion of the COD tag (1), and on the sender's coupon (2), should read:

(1) If addressee refuses to pay charges for any reason, deliver at once without collect

ing the charges. Notify sender at once if parcel is not delivered, and if no reply is received in 30 days, destroy parcel. See sender's coupon for further instructions.

(ii) Return this coupon with money order. If parcel is delivered without collection of charges or is destroyed after 30 days, check disposition and send coupon to sender in penalty envelope.

Delivered to addressee without collecting charges.

Destroyed after 30 days.

(2) If sender desires to have the undeliverable parcel disposed of to the highest bidder, the sender's instructions on the back of the delivery office portion of the COD tag (1), and on the sender's coupon (2), should read:

(1) If addressee refuses to pay charges for any reason, deliver at once without collecting the charges. Notify sender at once if parcel is not delivered, and if no reply is received in 30 days, sell to highest bidder and remit proceeds less commission. If sale cannot be made, destroy parcel. See sender's coupon for further instructions.

(ii) Return this coupon with money order. If parcel is delivered without collection of charges. is destroyed after 30 days, or is sold, check disposition and send coupon to sender in penalty envelope.

Delivered to addressee without collect-
ing charges.

Destroyed after 30 days.
Sold for $--.

Remittance, less com

dressee by filing a request with the postmaster at the office of mailing on Form 3818, Authorization to Cancel or Change Charges on a COD Article. The postmaster will send the directions to the office of delivery by telegram if the sender pays the costs.

(c) Notice to Sender. Senders desiring a notice of undelivered COD mail must request Form 3849-D, Notice to Sender of Undelivered COD Mail, by endorsement on the address label. This request must appear conspicuously, directly under the return name and address of the sender, and separate from any other instructions, as follows:

FORM 3849-D Requested.

A mailer's request may include directions to send the notice to the mailer or to his representative. When the mailer's representative is designated, the representative's name and local or nearby address must be shown in a bordered space with instructions, reading: "Do not deliver to mailer's designated representative without collecting COD charges," or "Deliver without collecting COD charges to mailer's designated representative." The notice will be sent as follows:

(1) If the delivering employee's notation indicates the addressee declined acceptance, Form 3849-D will be sent immediately.

(2) If the addressee was not at home when the carrier called, or if carrier service is not involved, Form 3849-D will be sent to the sender 5 days after the first notice of arrival, Form 3860, was issued to the addressee.

(d) Registered COD mail. Sealed domestic mail of any class bearing postage at the first-class rate may be sent as registered COD mail. Such mail is handled the same as other registered mail. The maximum amount of charges collectible on a parcel is $ 30, but additional indemnity may be obtained over $200 up to the regular registry limit of $10,000 by payment of a higher fee. Registered COD mail is subject to a handling charge applicable to other registered mail, except that the basis of the handling charge is the amount by which the declared actual value of the article exceeds the limit of liability covered by the fee paid. Envelopes used as covers must not be smaller than 4 x 73⁄4 inches.

§ 164.1

General instructions on filing an insured (including c.o.d.) mail claim. (a) Who may file. A claim for loss or damage of insured (including c.o.d.) mail may be filed by either the mailer or the addressee.

(b) How to file-(1) Domestic claims. A customer may file a claim at any post office, classified branch, or station. Form 3812, Request for Payment of Domestic Postal Insurance, dated Nov. 1971 or later, is used to request payment for the loss or damage of insured mail. The form is a four-part snap-out set which includes two copies of Form 1510-A, Inquiry for the Loss or Rifling of Mail Matter, and one copy of Form 3841, Post Office Record of Claim. DO NOT COMPLETE A SEPARATE FORM 1510 or FORM 3841 FOR INSURED OR C.O.D. CLAIMS.

(2) International claims. Claims for international insured mail are to be handled in accordance with Parts 71-73 of this title.

(c) When to file-(1) Loss claims. Customers may not file a claim for loss until 30 days after the date of mailing.

(2) Damage claims. Customers may file damage claims immediately.

(3) Insurance (including C.O.D.) claims. Indemnity claims must be filed within one year from the date the article was mailed, unless the claimant can establish that the delay was not his fault. In case of doubt, accept the claim and outline the details for postal data center evaluation.

(d) Information required (1) Evidence of insurance. The customer must submit evidence that the package was insured. Acceptable evidence includes either:

(i) The original insurance receipt issued at time of mailing. Business firms may annotate the appropriate line(s) in their firm mailing book Claim filed on (date), and submit a photocopy with the claim form.

(ii) The wrapper, if it has the name and address of both the mailer and the addressee and the appropriate insurance endorsement.

(2) Evidence of value. The customer (including Government agencies which have insured official mail) must submit evidence of value for claims of $50 or more. The Postal Service will not undertake to obtain estimates of value. Acceptable evidence may include any one of the following:

(i) Sales receipt.

(ii) Invoice.

(iii) Completion of item 13 of the claim form as to purchase price of the article, approximate year of purchase, indication of whether the article was new or used, or price of materials used and labor, if handmade.

(iv) Statement of value from a reputable dealer.

(v) Catalog value of a similar article. (vi) Paid repair bills, estimates of repair costs, or appraisals.

(e) Assignment of responsibilities. (1) Post offices, classified stations and branches will:

(i) Accept claims when evidence of insurance, statement of value (if claim is for $50 or more), and required signatures are furnished.

(ii) Assist customers in preparation of Form 3812.

(iii) Complete post office portion of Forms 3812.

(iv) Route completed Forms 3812 in accordance with section 164.4.

(2) The St. Louis Postal Data Center will adjudicate and pay or disallow all domestic insured and c.o.d. mail claims. [38 FR 19041, July 17, 1973; 38 FR 19911, July 25, 1973]