GENERAL CONDITIONS OF CARRIAGE FOR CARGO
Bringer Air Cargo
Effective Date: 01 November 2013
ARTICLE 1: DEFINITIONS
ARTICLE 2: APPLICABILITY
ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE
ARTICLE 4: DOCUMENTATION
ARTICLE 5: RATES AND CHARGES
ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE
ARTICLE 7: AUTHORITY AND INDEMNITY OF SHIPPER
ARTICLE 8: SHIPPER’S RIGHT OF DISPOSITION
ARTICLE 9: DELIVERY
ARTICLE 10: PICK-UP AND DELIVERY SERVICES
ARTICLE 11: SUCCESSIVE CARRIERS
ARTICLE 12: CARRIER’S LIABILITY
ARTICLE 13: LIMITATIONS ON CLAIMS AND ACTIONS
ARTICLE 14: OVERRIDING LAW
ARTICLE 15: MODIFICATION AND WAIVER
ARTICLE 16: RESOLUTION 600b* – AIR WAYBILL – CONDITIONS OF CONTRACT
ARTICLE 1: DEFINITIONS
As these Conditions are read, please remember that:
1.1 “AGENT” means, except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of Carrier in relation to the carriage of cargo.
1.2 “AIR WAYBILL”, which is equivalent to the term “air consignment note”, means the document entitled “Air Waybill/Consignment Note” made out by or on behalf of the Shipper which evidences the contract between the Shipper and Carrier for carriage of cargo.
1.3 “APPLICABLE CONVENTION” means whichever of the following instruments are
applicable:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; or
the Warsaw Convention as amended at The Hague on 28 September 1955; or
the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); or
the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of
Montreal (1975); or
the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of
Montreal (1975); or
Guadalajara Supplementary Convention (1961) (Guadalajara); or
The Convention on the Contract for the International Carriage of Goods by Road
(CMR Convention) signed at Geneva on 19th May 1956; or
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999.
1.4 “CARGO”, which is equivalent to the term “goods”, means anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an Air Waybill.
1.5 “CARRIAGE”, which is equivalent to the term “transportation”, means carriage of
cargo by air or by another means of transport, whether gratuitously or for reward.
1.6 “CARRIER” includes the air carrier issuing the Air Waybill and all carriers that carry or undertake to carry the cargo or to perform any other services related to such carriage.
1.7 “CHARGES COLLECT” means the charges entered on the Air Waybill for collection from the Consignee against delivery of the shipment.
1.8 “CONSIGNEE” means the person whose name appears on the Air Waybill as the party to whom the shipment is to be delivered by Carrier.
1.9 “DAYS” means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted.
1.10 “DELIVERY SERVICE” means the surface carriage of inbound shipments from the airport of destination to the address of the Consignee or that of his designated agent or to the custody of the appropriate government agency when required, including any incidental surface carriage between airports.
1.11 “PICK-UP SERVICE” means the surface carriage of outbound shipments from the point of pickup at the address of the Shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.
1.12 “SHIPMENT”, which is equivalent to the term “consignment” means, except as otherwise provided herein, one or more packages, pieces or bundles of cargo accepted by Carrier from one Shipper at one time and at one address, receipted for in one lot and under a single Air Waybill, for carriage to one Consignee at one destination address.
1.13 “SHIPMENT RECORD”. Any record of carriage preserved by Carrier, evidenced by means other than an Air Waybill.
1.14 “SHIPPER”, which is equivalent to the term “Consignor”, means the person whose name appears on the Air Waybill, as the party contracting with Carrier for the carriage of cargo.
1.15 “SPECIAL DRAWING RIGHT”. A Special Drawing Right as defined by the
International Monetary Fund.
ARTICLE 2: APPLICABILITY
2.1 General: These Conditions shall apply to all carriage of cargo, including all services incidental thereto, performed by or on behalf of Carrier; provided however that if such carriage is “international carriage” as defined in the applicable convention (see Article
1: What Particular Expressions Mean In These Conditions, under “Applicable Convention”) such carriage shall be subject to the provisions of the applicable Convention and to these Conditions to the extent that these Conditions are not inconsistent with the provisions of such Convention.
2.2 Applicable Laws and Carrier’s Tariffs: To the extent not in conflict with 2.1 all carriage and other services performed by Carrier are subject to:
2.2.1 applicable laws (including national laws implementing a convention or extending the rules of the applicable convention to carriage which is not “International Carriage” as defined in the applicable convention) government regulations, orders and requirements;
2.2.2 these conditions and other applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of Carrier which may be inspected at any of its offices and at airports from which it operates regular services;
2.3 Applicable to U.S.A. and Canada: These Conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of Carrier.
2.4 Gratuitous Carriage: With respect to gratuitous carriage, Carrier reserves the right to exclude the application of all or any part of these Conditions.
2.5 Charters: With respect to carriage of cargo performed pursuant to a charter agreement with Carrier, such carriage shall be subject to Carrier’s charter tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said charter tariff. Where Carrier has no charter tariff applicable to such charter agreement, these Conditions shall apply to such agreement except that Carrier reserves the right to exclude the application of all or any part of these Conditions and, in case of divergence between the applicable provisions of these Conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the Shipper, by carriage pursuant to a charter agreement, whether or not concluded with the Shipper, agrees to be bound by applicable terms thereof.
2.6 Change Without Notice: These conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of conclusion of the contract of carriage or after the date the rate or charge for the carriage has been entered in the Shipment Record.
2.7 Effective Rules: All carriage of cargo governed by these Conditions shall be subject to Carrier’s rules, regulations and tariffs in effect on the date of issuance of the Air Waybill by Carrier, provided that in the event of inconsistency between these Conditions and Carrier’s rules, regulations and tariffs, these Conditions shall prevail. Under no circumstances will Carrier accept any increased obligations or liability that arise by virtue of Shippers or agents issuing Air Waybills or Shipment Records for carriage of shipments on Carrier’s flights which purport to waive or restrict Carrier’s entitlement to rely upon these conditions, regulations and tariffs; and Shipper agrees to Bringer Air Cargo indemnify and hold harmless Carrier in respect of any increased liability, losses, damages, costs or expenses that arise from issuing such Air Waybills or Shipment Records.
ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE
3.1 Cargo Acceptable: Carrier undertakes to transport, subject to the availability of suitable equipment and capacity, all shipments, unless otherwise excluded by Carrier’s regulations and provided:
3.1.1 the transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to or over;
3.1.2 they are packed, labelled and described in a manner ready for carriage as required by the issuing Carrier and any subsequent Carrier;
3.1.3 they are accompanied by the requisite shipping documents;
3.1.4 they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers;
3.1.5 to the extent permitted by law the Carrier reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require.
3.2 Valuation Limit of Shipment: Carrier may refuse carriage of shipments having a
declared value for carriage in excess of the amount specified in Carrier’s regulations.
3.3 Packing and Marking of Cargo:
3.3.1 Shipper is responsible for ensuring that the cargo is packed in an appropriate way for air carriage so as to ensure that
(a) it can be carried safely with ordinary care in handling;
(b) it can be protected from all weather conditions to which it may be exposed, including but not limited to rain, wind, heat and cold;
(c) it does not injure or damage any persons, animals, goods or property. Each package shall be legibly and durably marked so as to identify the Shipper and Consignee.
3.3.2 Packages containing valuables as defined in Carrier’s regulations must be sealed if so
requested by Carrier.
3.3.3 The Carrier is under no obligation to note or be aware of any information contained on the house air waybills used in respect of consolidated or pre-packed shipments.
3.3.4 The Carrier reserves the right to refuse the transportation of cargo that is not suitably packed or marked.
3.4 Special Cargo: Special cargo, including but not limited to valuables, dangerous goods, live animals, perishables, fragile goods, human remains, is acceptable only under the conditions set forth in Carrier’s regulations applicable to the carriage of such cargo. Such cargo must be packed and documented strictly in accordance with Carrier’s special handling procedures which are incorporated and form part of these conditions. In the event of deterioration of such shipments for whatever reason Carrier in its sole discretion may take such steps as it deems appropriate.
3.5 Dangerous Goods: The Shipper shall not tender for carriage any volatile or explosive cargo or cargo which is or may become dangerous, inflammable or offensive or which is or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of the cargo, and in any event the Shipper shall be liable for any loss and damage caused thereby. If in the sole opinion of Carrier the cargo becomes or is liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, the same may at any time be retained, destroyed, disposed of or abandoned or rendered harmless by Carrier without compensation to the Shipper and without prejudice to Carrier’s right to any charges hereunder and at the sole cost of the Shipper.
3.6 Responsibility for Non-Observance of Conditions, Laws and Regulations: The Shipper warrants that he has complied with all the laws, regulations and conditions relating to the nature, packaging, labelling, storage or carriage of cargo and that the cargo is packed in a manner adequate to withstand the ordinary risks of carriage having regard to its nature, and further the Shipper hereby indemnifies Carrier for any liability whatsoever and costs, fees and expenses as a result of or arising out of the Shipper’s failure to comply with each of these warranties, including but not limited to compliance with the applicable Dangerous Goods Regulations.
3.7 Carrier’s Right of Inspection: Carrier reserves the right to examine the packaging and contents of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment but Carrier shall be under no obligation to do so and under no circumstances will Carrier be liable for any direct or indirect losses resulting from its examination of the packaging and shipments.
3.8 Unit Load Devices: When Shipper undertakes to load a Unit Load Device (ULD) he must comply with Carrier’s loading instructions and shall be liable for and indemnify Carrier against all consequences of any non-compliance with such instructions.
3.9 Pre-packed and Mixed Pre-packed Shipments: The Shipper warrants that it will provide the Carrier with such contemporaneous information that it reasonably requires at the time of booking and acceptance of the number of pieces and weight of packages that have been pre-packed. The Shipper accepts that the Carrier will not have had the opportunity to examine the contents of any pre-packed shipment and hereby indemnifies the Carrier for any liability whatsoever and costs, fees and expenses as a result of or arising out of the Shipper’s failure to comply with this warranty.
ARTICLE 4: DOCUMENTATION
4.1 Air Waybill: The Shipper shall make out or have made out on his behalf, an Air Waybill in the form, manner and number of copies prescribed by Carrier, and shall deliver such Air Waybill to Carrier simultaneously with the acceptance of cargo by Carrier for carriage. However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the Air Waybill by Carrier. Carrier may require the Shipper to make out, or have made out on his behalf, separate Air Waybills when there is more than one package.
4.2 Shipment Record: Carrier, with the express or implied consent of the Shipper, if required by the applicable convention, may substitute for the delivery of an Air Waybill a Shipment Record to preserve a record of the carriage to be performed. If such Shipment Record is used Carrier shall, if so requested by the Shipper, deliver to the Shipper in accordance with Carrier’s regulations a receipt for the cargo permitting identification of the shipment and access, in accordance with Carrier’s regulations, to the information contained in the Shipment Record.
4.3 Apparent Condition/Packing of the Cargo: If the apparent order and condition of the cargo and/ or packing is in any way defective the Shipper shall, if an Air Waybill is delivered, include on the Air Waybill a statement of such apparent order and condition. If no Air Waybill is delivered the Shipper shall advise Carrier of the apparent order and condition of the cargo, to enable Carrier to insert an appropriate reference thereto in the Shipment Record. However, if the Shipper fails to include such statement in the Air Waybill or to advise Carrier of the apparent order and condition of the cargo, or if such statement or advice is incorrect, Carrier may include in the Air Waybill or insert in the Shipment Record a statement of the apparent order and condition of the cargo, or note a correction thereto.
4.4 Preparation, Completion or Correction by Carrier: Carrier may at the request of the Shipper expressed or implied, make out the Air Waybill in which event, subject to proof to the contrary, Carrier shall be deemed to have done so on behalf of the Shipper. If the Air Waybill handed over with the cargo or if the particulars and statements relating to the cargo furnished by or on behalf of the Shipper to Carrier for insertion in the Shipment Record do not contain all the required particulars, or if the Air Waybill or such particulars or statements contain any error, Carrier is authorized to complete or correct the Air Waybill or particulars or statements to the best of Carrier’s ability without being under any obligation to do so.
4.5 Responsibility for Particulars: The Shipper is responsible for the correctness of the particulars and statements relating to the cargo inserted by him or on his behalf in the Air Waybill or furnished by him or on his behalf to Carrier for insertion in the Shipment Record. Where such information is provided by means of Electronic Data Interchange (EDI), it is the responsibility of the Shipper or the Shipper’s agent to verify contents, accuracy and completeness of the EDI messages and subsequent
messages according to the agreed standards and specifications. The Shipper’s particulars as to value, unless no value is declared with a supplemental charge having been paid, shall be conclusive evidence, as against the Shipper and Consignee of the value of the shipment. Where no value is declared the Shipper warrants that the Shipper requires no special security or handling. The Shipper shall indemnify Carrier against all damage suffered by him, or by any other person to whom Carrier is liable, by reason of the irregularity, incorrectness, or incompleteness of the particulars and statements furnished by the Shipper or on his behalf.
4.6 Alterations: Air Waybills, the writing on which has been altered or erased, need not be accepted by Carrier.
ARTICLE 5: RATES AND CHARGES
5.1 Applicable Rates and Charges: Rates and charges for carriage governed by these conditions are those duly published by Carrier and in effect on the date the contract of carriage has been concluded.
5.2 Airport to Airport: Except as otherwise provided in Carrier’s regulations, rates and
charges apply only from airport to airport.
5.3 Basis of Rates and Charges: Rates and charges will be based on the units of measurement and subject to the rules and conditions published in Carrier’s regulations and rate tariffs.
5.4 Services not included in Published Rates and Charges: Published rates and charges cover the carriage of shipments between airports or other landing places at or near the points shown in the published rates and charges. Except as otherwise specifically provided in Carrier’s regulations, such published rates and charges do not include any ancillary service given by the Carrier in connection with the air carriage.
5.5 Insurance: Carrier does not offer all risk insurance on cargo shipments. Carrier recommends that Shipper obtains such insurance.
5.6 Payment of Charges:
5.6.1 Rates and charges are published in the currency shown in the applicable rate tariffs, any may be paid in any currency acceptable to Carrier. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by Carrier, the current statement of which is available for inspection upon first request at Carrier’s office where payment is made. The provisions of this paragraph are subject to applicable exchange laws and government regulations.
5.6.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by Carrier and any other sums payable to Carrier, will be deemed fully earned, whether or not the cargo is lost
or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by Carrier, except that they may be collected by Carrier at any stage of the service performed under the contract of carriage and may be collected at any time upon demand of Carrier.
5.6.3 The Shipper guarantees payment of the freight rate, storage charges and all other unpaid charges, unpaid charges collect, advances and disbursements of Carrier. The Shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which Carrier may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Carrier shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale Carrier shall have mailed noticed thereof to the Shipper or to the Consignee at the address stated in the Air Waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the Shipper and the Consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the Consignee agrees to pay such charges, sums and advances, except prepaid charges.
5.6.4 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, Carrier shall be entitled to require payment of the charge on such excess.
5.6.5 Charges collect shipments will be accepted only to countries listed in Carrier’s regulations and subject to the conditions contained therein. In any event Carrier reserves the right to refuse shipments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries to which charges collect service is available may be obtained from offices and representatives of Carrier.
5.6.6 All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the Carrier in the case of a prepaid shipment, i.e. a shipment on which the charges are to be paid by the Shipper, or at the time of delivery thereof by the Carrier in the case of a collect shipment, i.e. a shipment on which the charges are to be paid by the Consignee. If the Consignee fails to pay said charges, when such charges are to be collected, the Shipper remains obligated to pay these charges and interest at the judgment rate in the applicable jurisdiction.
5.6.7 Carrier may cancel the carriage of the shipment upon refusal by the Shipper, after demand by Carrier, to pay the charges or portion thereof so demanded, without Carrier being subject to any liability therefore.
ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE
6.1 Compliance with Government Requirements: The Shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to inquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to the Shipper or any other person for loss or expense due to Shipper’s failure to comply with this provision. The Shipper shall be liable to Carrier for any damage occasioned by the failure of the Shipper to comply with this provision.
6.1.1 Carrier shall not be liable for refusing to carry any shipment if Carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.
6.2 Disbursement and Customs Formalities: Carrier is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the cargo and the Shipper and by taking delivery or exercising any other right arising out of the contract of carriage the Consignee shall be jointly and severally liable for the reimbursement thereof. No Carrier shall be under obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of the cargo except against prepayment by the Shipper. If it is necessary to make customs entry of the cargo at any stopping place, and no customs clearance agent has been named on the face of the Air Waybill or in the Shipment Record, the cargo shall be deemed to be consigned to the Carrier carrying the cargo to such place. For any such purpose a copy of the Air Waybill, or of the Shipment Record, certified by the Carrier, shall be deemed original.
6.3 Schedules, Routings and Cancellations: Unless specifically agreed otherwise and so indicated in the Air Waybill or Shipment Record, Carrier undertakes to carry the cargo with reasonable dispatch but assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Times shown in Carrier’s timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo. Carrier is hereby authorized to select or deviate from the route or routes of the shipment, notwithstanding that the same may be stated on the face of the Air Waybill or in the Shipment Record. Carrier is not responsible for errors or omissions either in time- tables or other representations of schedules. No employee, agent or representative of Carrier is authorized to bind Carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.
6.3.1 Carrier is authorized to carry the consignment without notice wholly or partly by any means of surface transportation, or to arrange such carriage.
6.3.2 If it considers that it would be advisable to do so because of any fact beyond its control (including but without limitation, meteorological conditions, acts of God, force majeure, strikes, riots, civil commotion, embargoes, wars, hostilities, disturbances or unsettled international or domestic conditions) actual, threatened or reported or because of any delay, demand, condition, circumstance or requirement due, directly or indirectly, to such fact or not reasonably to be foreseen, anticipated, or predicted at the same time the cargo was accepted; or if it reasonably considers that any other circumstances so require, taking into account the interests of the Shipper, Carrier reserves the right without notice, to cancel, terminate, divert, postpone, delay or advance any flight, or the further carriage of any cargo, or to proceed with any flight without all or any part of the cargo.
6.3.3 Provided that no regulations/laws to the contrary are applicable, in the event any flight is, pursuant to 6.3.2, cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination or in the event the carriage of any shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, Carrier shall only be liable for losses or damages arising directly from such events if Carrier either intended to cause such losses or damages or was reckless with actual knowledge that damage, loss, delay would probably result . In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by Carrier to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and Carrier shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the Shipper or to the Consignee, at the address stated in the Air Waybill or Shipment Record. Carrier may, but shall not be obligated to, forward the shipment for carriage by any other route or forward the shipment as agent for the Shipper or the Consignee for onward carriage by any transportation service on behalf of the Shipper or the Consignee. The cost of doing so attaches to the cargo.
6.3.4 Unless otherwise agreed, and subject to applicable laws, regulations and orders, Carrier is authorized to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. Carrier may likewise decide to remove any articles from a shipment, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, Carrier will not be liable to Shipper or Consignee or to any other party for any direct or indirect consequences therefore.
6.4 Certain Rights of Carrier over Shipment in Course of Carriage: If in the opinion of Carrier it is necessary to hold the shipment at any place for any purpose, either before, during or after carriage, Carrier may, upon giving notice thereof to the Shipper, store the shipment for the account and at the risk and expense of the Shipper, in any warehouse or other available place, or with the customs authorities; or Carrier may deliver the shipment to another transportation service for onward carriage to the Consignee. The Shipper shall indemnify Carrier against any expense or risk so incurred.
ARTICLE 7: AUTHORITY AND INDEMNITY OF SHIPPER
7.1 Authority to Tender Cargo for Acceptance: It is agreed that any person who tenders cargo to Carrier for carriage for or on behalf of the Shipper is authorized to do so subject to these conditions.
7.2 Shipper’s Authority: The Shipper warrants that in agreeing to these conditions it has the authority of the person or persons owning or having an interest in the cargo or any part thereof.
7.3 Shipper’s Indemnity: Without prejudice to the generality of the forgoing, Shipper undertakes to indemnify Carrier in respect of any liability whatsoever and howsoever arising (including without limitation, negligence or breach of contract or intentional or reckless conduct or default of Carrier or otherwise) in connection with cargo to any person (other than Shipper) who claims to have, who has or who may hereafter have any interest in the cargo or any part thereof. It is agreed that this indemnity operates irrespective of whether the Carrier’s liability arises in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
ARTICLE 8: SHIPPER’S RIGHT OF DISPOSITION
8.1 Exercise of right of disposition: Every exercise of the right of disposition must be made by the Shipper or his designated agent, if any, and must be applicable to the whole shipment under a single Air Waybill, or under a single Shipment Record. The right of disposition over the cargo may only be exercised if the Shipper or such agent produces the part of the Air Waybill which was delivered to him, or communicates such other form of authority as may be prescribed by Carrier’s regulations. Instructions as to disposition must be given in writing in the form prescribed by Carrier. In the event that the exercise of the right of disposition results in a change of Consignee, such new Consignee shall be deemed to be the Consignee appearing on the Air Waybill or in the Shipment Record.
8.2 Shipper’s Option: Subject to his liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such way as to prejudice Carrier or other Shippers, the Shipper may at his own expense dispose of the cargo either:
8.2.1 by withdrawing it at the airport of departure or of destination; or
8.2.2 by stopping it in the course of the journey on any landing; or
8.2.3 by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the Consignee named in the Air Waybill or Shipment Record; or
8.2.4 by requiring it to be returned to the airport of departure;
8.2.5 Provided that if, in the opinion of Carrier, it is not reasonably practicable to carry out the order of the Shipper, Carrier shall so inform him promptly and Carrier shall thenceforth be under no obligation to carry out any such order.
8.3 Payment of Expenses: The Shipper shall be liable for and shall indemnify Carrier for all loss or damage suffered or incurred by Carrier as a result of the exercise of his right of disposition. The Shipper shall reimburse Carrier for any expenses occasioned by the exercise of his right of disposition.
8.4 Extent of Shipper’s Right: The Shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the Consignee takes possession or requests delivery of the cargo or Air Waybill, or otherwise shows his acceptance of the cargo. Nevertheless, if the Consignee declines to accept the Air Waybill or the cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the Shipper.
ARTICLE 9: DELIVERY
9.1 Notice of arrival: Notice of arrival of the shipment will, in the absence of other instructions, be sent to the Consignee and any other person whom Carrier has agreed to notify as evidenced in the Air Waybill or Shipment Record; such notice will be sent by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.
9.2 Delivery of Shipment: Except as otherwise specifically provided in the Air Waybill or Shipment Record, delivery of the shipment will be made only to the Consignee named therein, or his agent. Delivery to the Consignee shall be deemed to have been effected:
9.2.1 when Carrier has delivered to the Consignee or his agent any authorization from Carrier required to enable the Consignee to obtain release of the shipment, and
9.2.2 when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
9.3 Place of Delivery: The Consignee must accept delivery of and collect the shipment at the airport of destination unless delivery service to the address of the Consignee has been arranged for between the Shipper or Consignee and Carrier.
9.4 Failure of Consignee to take Delivery:
9.4.1 Subject to the provisions of 9.5 hereof, if the Consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, Carrier will endeavor to comply with any instructions of the Shipper set forth on the face of the Air Waybill, or in the Shipment Record. If such instructions are not so set forth or cannot reasonably be complied with, Carrier shall notify the Shipper of the Consignee’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) days, Carrier may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment.
9.4.2 The Shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment if so required by the Shipper’s instructions. If the shipment is returned to the airport of departure and the Shipper refuses or neglects to make such payments within fifteen (15) days after such return, Carrier may dispose of the shipment or any part thereof at public or private sale after giving the Shipper ten (10) days notice of its intention to do so.
9.5 Disposal of Perishables: When a shipment containing perishable articles as defined in Carrier’s regulations is delayed in the possession of Carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the Shipper, the storage of the shipment or any part thereof at the risk and cost of the Shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.
9.6 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, Carrier is authorised to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of Carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the Shipper. A sale of any shipment shall, however, not discharge the Shipper and/or owner of any liability hereunder to pay any deficiencies.
9.7 Responsibility for Charges: By accepting delivery of the Air Waybill and/or the shipment the Consignee shall become liable for payment of all costs and charges in connection with the carriage. Unless otherwise agreed the Shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the Consignee. Carrier may make delivery of the shipment or the Air Waybill conditional upon payment of these costs and charges.
ARTICLE 10: PICK-UP AND DELIVERY SERVICES
10.1 Shipments: Are accepted for carriage from their receipt at Carrier’s cargo terminal or airport office at the place of departure to the airport at the place of destination or the respective facility as designated by the Carrier.
10.2 Availability of Service: Pick-up service and delivery service will be available at the points, to the extent and subject to the rates and charges established for such services in accordance with the applicable regulations of Carrier.
10.3 Request for Service: Pick-up service, if available, will be provided when requested by the Shipper. Except when otherwise provided by Carrier’s tariffs, delivery service may be provided unless contrary instructions are given by the Shipper or by the Consignee. Such contrary instructions must be received by Carrier prior to removal of the shipment from Carrier’s airport terminal at destination.
10.4 Shipment for which Service is Unavailable: Pick-up service and delivery service will not be provided by Carrier without special arrangement for any shipment which, in the opinion of Carrier, because of its volume, nature, value or weight is impractical for Carrier to handle in normal course.
10.5 Liability: If pick-up service or delivery service is performed by Carrier, such surface transportation shall be upon the same terms as to liability as set forth in Article 12 hereof. In any other event, and to the extent that other mandatory regulations apply, the issuing Carrier and last Carrier, respectively, in forwarding and re-forwarding the cargo shall do so only as agents of the Shipper, owner, or Consignee, as the case may be, and shall not be liable for any damage arising out of such additional carriage unless provided to have been caused by its acts or omissions done with intent to cause damage, death, injury, loss or delay or recklessly with actual knowledge that damage, death, injury, loss, delay would probably result. The Shipper, owner and Consignee hereby authorize such Carriers to do all things deemed advisable to effect such forwarding or re-forwarding, including, but without limitation, selection of means of forwarding or re-forwarding and the routes thereof (unless these have been specified by the Shipper in the Air Waybill or Shipment Record), execution and acceptance of documents of carriage (which may include provisions excluding or limiting liability) and consigning of cargo with no declaration of value, notwithstanding any declaration of value in the Air Waybill or Shipment Record.
ARTICLE 11: SUCCESSIVE CARRIERS
11.1 Carriage to be performed under one contract of carriage by several successive Carriers is regarded as a single operation.
ARTICLE 12: CARRIER’S LIABILITY
12.1 Carrier is liable to the Shipper, Consignee or any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of, cargo only if the occurrence which caused the damage so sustained took place during the carriage as defined in article 1.
12.2 Except as may be otherwise provided in any applicable Convention, Carrier is not liable to the Shipper, Consignee or any other person having an interest in the cargo in tort or contract or bailment or otherwise for any consequences of any delay in the collection of cargo or loss of or damage to or deterioration of cargo or mis-delivery or failure to deliver or delay in delivery of cargo for any reason whatsoever including, without limiting the foregoing, the negligence, recklessness, gross negligence or wilful conduct or default on the part of the Carrier or its servants or agents whether or not the same occurs in the course of performance by or on behalf of Carrier under the contract or in events which are in the contemplation of the Carrier and/or Shipper or in events which are foreseeable by them or either of them or in events which may constitute a fundamental breach of contract or breach of a fundamental term.
12.3 Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of the animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air. Furthermore, Carrier will not be liable for loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
12.4 Carrier shall not be liable in any event for any (i) loss of business opportunities and contracts, revenue, profits, anticipated savings, goodwill or reputation (whether arising directly or not) and (ii) special, indirect or consequential loss or damage arising from carriage subject to these Conditions, whether or not Carrier had knowledge that such loss or damage might be incurred.
12.5 If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom be derives his rights, Carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.
12.6 Liability of Carrier shall not exceed 19 Special Drawing Rights per kilogram of cargo destroyed, lost, damaged or delayed. If, with the agreement of the Carrier, the Shipper has made a special declaration of value for carriage and has paid the supplementary sum applicable, it is agreed that any liability shall in no event exceed such declared value for carriage stated on the face of the Air Waybill or included in the Shipment Record. All claims shall be subject to proof of value.
12.7 In the case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which Carrier’s liability is limited shall be only the weight of the items (smallest unit of account being an object, package, box, or carton) affected when unpacked irrespective of the number of packages identified on Air Waybill or Shipment Record.
Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages, boxes or cartons covered by the same Air Waybill, the total weight of such affected package, box or cartons shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of such part of the shipment lost, damaged or delayed as the case may be, shall be determined by reducing the total value of the shipment in the proportion that the weight of that part of the shipment lost, damaged or delayed has to the total weight of the shipment.
12.8 The Shipper, owner and Consignee whose property causes damage to or destruction of another shipment or of the property of Carrier, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. Cargo which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by Carrier at any time without notice and without liability therefore attaching to Carrier.
12.9 A Carrier issuing an Air Waybill for carriage over the lines of another Carrier does so only as agent for such other Carrier. Any reference in a Shipment Record to carriage to be performed by another Carrier shall be deemed to refer to carriage to be provided as principal by such other Carrier. No Carrier shall be liable for the loss, damage or delay of cargo not occurring on its own line except that the Shipper shall have a right of action for such loss, damage or delay on the terms herein provided against the first Carrier and the Consignee or other person entitled to delivery shall have such a right of action against the last Carrier under the contract of carriage.
12.10 Whenever the liability of Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of Carrier and also to any Carrier whose aircraft or other means of transportation is used for carriage.
ARTICLE 13: LIMITATIONS ON CLAIMS AND ACTIONS
13.1 Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.
13.2 No action shall be maintained in the case of loss or damage to goods unless a complaint is made to Carrier in writing by the person entitled to delivery. Such complaint shall be made:
13.2.1 in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within fourteen (14) days from the date of receipt of the goods;
13.2.2 in the case of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;
13.2.3 in the case of delay, within twenty-one (21) days from the date on which the goods were placed at the disposal of the person entitled to delivery;
13.2.4 in the case of non-delivery of the goods, within one hundred and twenty (120) days of the date the goods ought to have arrived at destination.
13.3 The right to damages shall be extinguished if an action is not brought within two (2) years, reckoned 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 transportation stopped. The method of calculating that period shall be determined by the law of the court seized of the case.
ARTICLE 14: OVERRIDING LAW
14.1 To the extent that any provision contained or referred to in the Air Waybill or Shipment Record or herein is contrary to anything contained in the applicable convention, and in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply.
14.2 The invalidity of any provision shall not affect the validity of any other provision contained herein.
ARTICLE 15: MODIFICATION AND WAIVER
15.1 No agent, servant or representative of Carrier has authority to alter, modify or waive any provision of the contract of carriage or of these Conditions.
ARTICLE 16: RESOLUTION 600b* AIR WAYBILL – CONDITIONS OF CONTRACT
CSC(32) 600b Expiry: Indefinite
Type: B
RESOLVED that:
The following Conditions of Contract and Notices be included on an Air Waybill.
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 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.