I. NOTICE APPEARING ON THE FACE OF THE AIR WAYBILL
It is agreed that the goods described herein are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER'S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
II. CONDITIONS OF CONTRACT ON REVERSE SIDE OF THE AIR WAYBILL
NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
CONDITIONS OF CONTRACT
1. 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 22 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.