In
this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and
all carriers that carry or undertake to carry the cargo or
perform
any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing
Right as defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the
following instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw, 12 October
1929; that Convention as amended at The Hague on 28 September
1955; that Convention as amended at The Hague 1955
and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may
be.
MONTREAL CONVENTION means the Convention for the
Unification of Certain Rules for International Carriage by Air,
done at
Montreal on 28 May 1999.
2./2.1 Carriage is subject to the rules
relating to liability established by the Warsaw Convention or
the Montreal Convention
unless such carriage is not
“international carriage” as defined by the applicable
Conventions.
2.2 To the extent not in conflict with the
foregoing, carriage and other related services performed by each
Carrier are
subject to:
2.2.1 applicable laws and government
regulations;
2.2.2 provisions contained in the air
waybill, Carrier’s conditions of carriage and related rules,
regulations, and timetables
(but not the times of departure and arrival stated therein) and
applicable tariffs of such Carrier, which are made part hereof,
and which may be inspected at any airports or other cargo sales
offices from which it operates regular services. When
carriage is to/from the USA, the shipper and the consignee are
entitled, upon request, to receive a free copy of the Carrier’s
conditions of carriage. The Carrier’s conditions of carriage
include, but are not limited to:
2.2.2.1 limits on the Carrier’s liability
for loss, damage or delay of goods, including fragile or
perishable goods;
2.2.2.2 claims restrictions, including time
periods within which shippers or consignees must file a claim or
bring an action
against the Carrier for its acts or omissions, or those of its
agents;
2.2.2.3 rights, if any, of the Carrier to
change the terms of the contract;
2.2.2.4 rules about Carrier’s right to
refuse to carry;
2.2.2.5 rights of the Carrier and
limitations concerning delay or failure to perform service,
including schedule changes,
substitution of alternate Carrier or aircraft and rerouting.
3. The agreed stopping places (which may be
altered by Carrier in case of necessity) are those places,
except the place of
departure and place of destination, set forth on the face hereof
or shown in Carrier’s timetables as scheduled stopping
places for the route. Carriage to be performed hereunder by
several successive Carriers is regarded as a single operation.
4. For carriage to which the Montreal
Convention does not apply, Carrier’s liability limitation for
cargo lost, damaged or
delayed shall be 19 SDRs per kilogram unless a greater per
kilogram monetary limit is provided in any applicable Convention
or in Carrier’s tariffs or general conditions of carriage.
5./5.1 Except when the Carrier has extended
credit to the consignee without the written consent of the
shipper, the shipper
guarantees payment of all charges for the carriage due in
accordance with Carrier’s tariff, conditions of carriage and
related
regulations, applicable laws (including national laws
implementing the Warsaw Convention and the Montreal Convention),
government regulations, orders and requirements.
5.2 When no part of the consignment is
delivered, a claim with respect to such consignment will be
considered even though
transportation charges thereon are unpaid.
6./6.1 For cargo accepted for carriage, the
Warsaw Convention and the Montreal Convention permit shipper to
increase the
limitation of liability by declaring a higher value for carriage
and paying a supplemental charge if required.
6.2 In carriage to which neither the Warsaw
Convention nor the Montreal Convention applies Carrier shall, in
accordance with
the procedures set forth in its general conditions of
carriage and applicable tariffs, permit shipper to increase the
limitation of
liability by declaring a higher value for carriage and paying a
supplemental charge if so required.
7./7.1 In cases of loss of, damage or delay
to part of the cargo, the weight to be taken into account in
determining Carrier’s
limit of liability shall be only the weight of the package or
packages concerned.
7.2 Notwithstanding any other provisions,
for “foreign air transportation” as defined by the U.S.
Transportation Code:
7.2.1 in the case of loss of, damage or
delay to a shipment, the weight to be used in determining
Carrier’s limit of liability
shall be the weight which is used to determine the charge for
carriage of such shipment; and 7.2.2 in the case of loss
of,
damage or delay to a part of a shipment, the shipment weight in
7.2.1 shall be prorated to the packages covered by the
same air waybill whose value is affected by the loss, damage or
delay. The weight applicable in the case of loss or damage
to one or more articles in a package shall be the weight of the
entire package.
8. Any exclusion or limitation of liability
applicable to Carrier shall apply to Carrier’s agents,
employees, and representatives
and to any person whose aircraft or equipment is used by Carrier
for carriage and such person’s agents, employees and
representatives.
9. Carrier undertakes to complete the
carriage with reasonable dispatch. Where permitted by applicable
laws, tariffs and
government regulations, Carrier may use alternative carriers,
aircraft or modes of transport without notice but with due
regard to the interests of the shipper. Carrier is authorized by
the shipper to select the routing and all intermediate
stopping places that it deems appropriate or to change or
deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to
delivery of the cargo without complaint shall be prima facie
evidence that the cargo has
been delivered in good condition and in accordance with the
contract of carriage.
10.1 In the case of loss of, damage or delay
to cargo a written complaint must be made to Carrier by the
person entitled to
delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo,
immediately after discovery of the damage and at the latest
within 14 days from
the date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days
from the date on which the cargo was placed at the disposal of
the person entitled
to delivery.
10.1.3 in the case of non-delivery of the
cargo, within 120 days from the date of issue of the air
waybill, or if an air waybill has
not been issued, within 120 days from the date of receipt of the
cargo for transportation by the Carrier.
10.2 Such complaint may be made to the
Carrier whose air waybill was used, or to the first Carrier or
to the last Carrier or to
the Carrier, which performed the carriage during which the loss,
damage or delay took place.
10.3 Unless a written complaint is made
within the time limits specified in 10.1 no action may be
brought against Carrier.
10.4 Any rights to damages against Carrier
shall be extinguished unless an action is brought within two
years from the date
of arrival at the destination, or from the date on which the
aircraft ought to have arrived, or from the date on which the
carriage stopped.
11.
Shipper shall comply with all applicable laws and government
regulations of any country to or from which the cargo may be
carried, including those relating to the packing, carriage or
delivery of the cargo, and shall furnish such information and
attach such documents to the air waybill as may be necessary to
comply with such laws and regulations.
Carrier is not liable to shipper and shipper shall indemnify
Carrier for loss or expense due to shipper’s failure to comply
with
this provision.
12.
No agent, employee or representative of Carrier has
authority to alter, modify or waive any provisions of this
contract.
