ARTICLE 1: DEFINITIONS

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 the Carrier in relation to the Carriage of Cargo unless that person is acting as Shipper with respect to a Shipment governed by these Conditions of Carriage.

1.2 “AIR WAYBILL” means the document entitled “Air Waybill” made out by or on behalf of the Shipper which evidences the contract between the Shipper and the Carrier for Carriage of Cargo.

1.3 “APPLICABLE CONVENTION” means, unless the context requires otherwise, whichever of the following instruments is applicable to the Contract of Carriage: –

1.3.1 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the “Warsaw Convention”)

1.3.2 The Warsaw Convention as amended at the Hague on 28 September 1955;

1.3.3 The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975.

1.3.4 The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;

1.3.5 The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 4 of Montreal 1975;

1.3.6 The Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19 May 1956.

1.3.7 The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (hereafter referred to as the “Montreal Convention”).

1.4 “CARGO” (which is equivalent to the term “goods”) means anything carried or to be carried in an aircraft or any means of surface transportation including, but not limited to road vehicles.

1.5 “CARRIAGE” which is equivalent to the term “transportation”, means Carriage of Cargo by air or any means of transportation (including, but not limited to, road vehicles) whether gratuitously or for reward.

1.6 “CARRIER” includes the air Carrier issuing the Air Waybill or preserving the Shipment Record and all Carriers including non-air 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 “CONDITIONS” means these Conditions of Carriage for Cargo.

1.9 “CONSIGNEE” means the person whose name appears on the Air Waybill, as the party to whom the Shipment is to be delivered by the Carrier.

1.10 “CONTRACT OF CARRIAGE” means the oral or written agreement between the Consignor and the Carrier relating to the Carriage to be performed by the Carrier, including the freight rates. The conclusion and content of the Contract of Carriage can be proved by the Air Waybill.

1.11 “CUSTOMS CLEARANCE AGENT” means a customs broker or other agent of the Consignee designated to perform customs clearance services.

1.12 “DAYS” means full calendar days, including Saturdays, Sundays and legal holidays, provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted.

1.13 “DELIVERY SERVICE” means the road carriage of inbound Shipments from the airport of destination to the point of delivery agreed with the Consignee or to the designated agent of the Consignee or to the custody of the appropriate government agency when required, including any incidental road Carriage between airports.

1.14 “PICK-UP SERVICE” means the road carriage of outbound Shipments from the point of pickup at the address of the Shipper or that of the Shipper’s designated agent to the airport of departure, including any incidental road Carriage between airports.

1.15 “SHIPMENT” which is equivalent to the term “consignment” Means, except otherwise provided, one or more packages or pieces of Cargo accepted by the Carrier from one Shipper at one address, receipted for in one lot and under a single Air Waybill or a single Shipment Record, for Carriage to one Consignee at one destination address.

1.16 “SHIPMENT RECORD” means any record of Carriage preserved by the Carrier, evidenced by means other than an Air Waybill.

1.17 “SHIPPER” which is equivalent to the term “Consignor”, means the person whose name appears on the Air Waybill or Shipment Record, as the party contracting with the Carrier for the Carriage of Cargo.

1.18 “SPECIAL DRAWING RIGHTS” means a special drawing right as defined by the International Monetary Fund and known as Special Drawing Rights.

1.19 “TRADE CONTROLS” means measures to address concerns about national security, foreign policy, international legal obligations, or concerns about human rights, internal repression, or terrorism. Specifically:

1.19.1 economic and trade sanctions prohibit or restrict dealings with targeted countries, organisations, entities and/or individuals; and

1.19.2 import/export controls regulate the transfer of particular goods, technology and software, depending on the nature, destination, ultimate end-use and/or end-user of the products or services.

 

ARTICLE 2: APPLICABILITY

2.1.1 General: These Conditions shall apply to all Carriage of Cargo, including all services incidental thereto, performed by or on behalf of the Carrier; provided however that if such Carriage is “International Carriage” as defined in the Applicable Convention (see 1.3) 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.

2.1.2 No provision of these Conditions of Carriage shall be deemed unenforceable if it can be interpreted in a manner that would make it enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is unenforceable, in whole or in part, (a) such a finding will not disturb the validity and enforceability of the remaining provisions of these Conditions of Carriage, and (b) the court has the authority to modify and/or “blue pencil” this Agreement in order to ensure that it is enforceable and reflects the original intent of the Parties as fully as possible.

2.1.3 These Conditions shall also apply where appropriate, to the acceptance of goods into Bond or care by the Carrier, whether or not these goods are or have been carried pursuant to a Contract of Carriage and also other special services provided by Carrier.

2.2 Applicable Laws and the Carrier’s Conditions: All Carriage and other services performed by the 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) Trade Controls, government regulations and/or written or oral instructions, orders and requirements.

2.2.2 These Conditions and other applicable conditions, tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of the Carrier which may be inspected at any of its offices and at the airport from which is operates regular services.

2.3 The Shipper or consignor, owner and Consignee and anyone acting on their behalf must comply with applicable Trade Controls and that the Shipper/consignor, owner and Consignee and anyone acting on their behalf will take the necessary steps to ensure that their respective operations and practices align with the Carrier’s policies and procedures. The Shipper – consignor, owner and Consignee and anyone acting on their behalf herein warrants that they are not in breach of any sanctions issued by the United Nations Security Council, US, UK and EU and that the cargo being transported is not intended to be used by any sanctioned person or in any sanctioned country.

2.4 Gratuitous Carriage: To the expect permitted by law, with respect to gratuitous Carriage, the 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 the Carrier, such Carriage shall be subject to the Carrier’s charter tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said charter tariff. Where the Carrier has no charter tariff applicable to such charter agreement, these Conditions shall apply to such agreement except that the 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 the 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 issuance of the Air Waybill by the Carrier 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 the Carrier’s rules, regulations and tariffs in effect on the date of issuance of the Air Waybill or Shipment Record by the Carrier, provided that in the event of inconsistency between these Conditions and the Carrier’s rules, regulations and tariffs, these Conditions shall prevail. Under no circumstances will the 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 the Carrier’s flights which purport to waive or restrict the Carrier’s entitlement to rely upon these Conditions, regulations and tariffs; and the Shipper agrees to indemnify and hold harmless the 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 for Carriage:

3.1.1 Cargo may transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by Carrier’s regulations and provided:

3.1.1.1 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 through;

3.1.1.2 They are packed, labelled and described in a manner suitable for Carriage and ready for Carriage by aircraft; or any other means of transportation as required by the issuing Carrier and any subsequent Carrier;

3.1.1.3 They are accompanied by the requisite Shipping documents;

3.1.1.4 They are not likely to endanger aircraft or any other means of transportation, persons or property, or cause annoyance to operating crew and/or passengers;

3.1.2 The Carrier reserves the right without assuming any liability to refuse Carriage of Cargo when circumstances so require; No avoidance of refusal to carry Cargo shall be construed as a waiver by the Shipper of the above Cargo Acceptable for Carriage obligations.

3.2 Declared valuation: the Carrier reserves the right to refuse Carriage of Shipments with a declared value.

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 and Carriage by other means of transportation so as to ensure that it can be carried safely with ordinary care in handling and so as that it does not injure or damage any persons, animals, goods or property. Further, it can be protected from all weather conditions to which it may be exposed, including but not limited to rain, wind, heat and cold.

3.3.2 Each package or piece in a consignment shall be legibly and durably marked so as to identify the Air Waybill number, Shipper, Consignee and, when applicable, any special handling instruction due to the nature of the Cargo. The Carrier shall incur no liability if Shipper fails to do so. Shipments likely to be subject to robbery or theft shall be packaged without indication of their contents.

3.3.3 Packages containing valuable items as defined in the Carrier’s regulations must be sealed if so requested by the Carrier, by a method approved by the Carrier.

3.3.4 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.

3.3.5 The Carrier reserves the right to refuse the transportation of Cargo that it considers 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 the Carrier’s regulations applicable to the Carriage of such Cargo. Such Cargo must be packed and documented strictly in accordance with the 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, the Carrier in its sole discretion may take such steps as it deems appropriate.

3.5 Dangerous Goods: must be marked as such in accordance with applicable laws and regulations and/or as instructed by Carrier.

3.6 Cargo Acceptable only under Prescribed Conditions: Dangerous goods, explosives, live animals, perishables, fragile goods, human remains, valuable Cargo and other special Cargo are acceptable only under conditions set forth in the Carrier’s regulations applicable to the Carriage of such Cargo.

3.7 Responsibility for Non-Observance of Conditions, Laws and Regulations: The Shipper warrants that it 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 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 each of these warranties, including but not limited to compliance with the applicable dangerous goods regulations.

3.8 Responsibility for Non-Observance of Conditions Relating to Special Cargo: The Shipper shall indemnify the Carrier for any loss, damage, delay, liability or penalty the Carrier may incur because of any non-observance of any condition relating to the Carriage of Cargo.

3.9 Carrier’s Right of Inspection: The Carrier reserves the right to examine the packaging and contents of all Shipments and to enquire into the correctness and sufficiency of information or documents tendered in respect of any Shipment but the Carrier shall be under no obligation to do so, and assumes no liability with regard to such inspection or enquiry and under no circumstances will the Carrier be liable for any direct or indirect losses resulting from its examination of the packaging and Shipments.

3.10 Unit Load Devices: When Shipper undertakes to load a Unit Load Device (ULD), the Carrier shall not be liable for loss of or damage to the contents of such ULD, and the Shipper shall indemnify the Carrier against any injury, loss, damage, liability or expense whatsoever incurred by the Carrier, if such loss of or damage to the contents and/or such injury, loss, damage, liability or expense has been caused by any matter beyond the Carrier’s control including, inter alia, without prejudice to the generality of this exclusion:

3.10.1 the manner in which the ULD has been packed; or

3.10.2 the unsuitability of the Goods for carriage in the ULD actually used; or

3.10.3 the unsuitability or defective condition of the ULD actually used, provided that, if the ULD has been supplied by or on behalf of the Carrier, this Article shall only apply if the unsuitability or defective condition would have been apparent upon reasonable inspection by the Shipper at or prior to the time the ULD was packed.

3.11 PORTABLE ELECTRONIC DEVICES FOR AIR CARGO (PED): Shipper shall not attach to, or include with, any Shipment any equipment used to capture and record data regarding the Shipment (a Portable Electronic Device, also known as a PED) except as pre-approved by Carrier in writing and in compliance with the conditions set forth in Articles 3.11.1, 3.11.2 and 3.11.3.

3.11.1 Prior to tendering the Shipment to the Carrier, Shipper will provide the Carrier in writing (1) the name and model of the PED to be attached; (2) confirmation that such device has been approved/certified for use in air carriage by the appropriate regulatory authorities; and (3) confirmation that any such device that contains a lithium battery has been handled and packaged in accordance with applicable dangerous goods regulations.

3.11.2 Shipper shall acknowledge that in tendering a Shipment with a PED, Shipper grants the Carrier a perpetual, royalty-free, irrevocable license to use any data emanating from such PED and Shipper shall make such data available to the Carrier upon request. All data/information collected by the Shipper from the PED, including but not limited to cabin pressure, cabin temperature, cabin humidity, times, positions, acceleration, deceleration etc., shall at all times be treated as confidential and shall not be published, disclosed or circulated without prior written consent of the Carrier.

3.11.3 Notwithstanding acceptance by the Carrier of a Shipment including a PED, Shipper shall remain responsible for any damage or injury to the Carrier, or third parties as set forth in Articles 6.1.1 and 11.9 hereof. The use of such devices does not create any additional obligations of the Carrier. Using such devices is solely permitted for quality purposes.

3.12 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 its behalf, an Air Waybill in the form, manner and number of copies prescribed by the Carrier, and shall deliver such Air Waybill to the Carrier simultaneously with the acceptance of the Cargo by the Carrier for Carriage. However, charges for Carriage and other charges, insofar as they have been ascertained, shall be inserted in the Air Waybill. Carriers may require the Shipper to make out, or have made out on its behalf, separate Air Waybills when there is more than one package or when all of the consignment cannot be carried in the Carrier’s aircraft or cannot, without breach of government or the Carrier’s regulations, be carried on one Air Waybill.

4.2 Shipment Record: The Carrier, with the expressed 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, the Carrier shall, if so requested by the Shipper, deliver to the Shipper in accordance with the Carrier’s regulations a receipt for the Cargo permitting identification of the Shipment and access, in accordance with the Carrier’s regulations, to the information contained in the Air Waybill.

4.3 Apparent Condition/Packing of the Cargo: If the apparent order and condition of the Cargo and/or packing is on 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 the Carrier of the apparent order and condition of the Cargo, to enable the 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 the Carrier of the apparent order and condition of the Cargo, or if such statement or advice is inaccurate, the 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, but the Carrier is under no obligation to do so.

4.4 Preparation, Completion or Correction by Carrier: The Carrier may at the request of the Shipper expressed or implied, make out the Air Waybill, in which event, and subject to proof to the contrary, the Carrier shall be deemed to have done so on behalf of the Shipper. It is the responsibility of the Shipper to ensure that 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 the Carrier for insertion in the Air Waybill contain all the required particulars. 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 the 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, the Carrier is authorised to complete or correct the Air Waybill or particulars or statements to the best of the Carrier’s ability without being under any obligation to do so. Carrier may charge a fee to Shipper for the correction or completion of such Air Waybill.

4.5 Responsibility for Particulars: The Shipper is responsible for the regularity, correctness and completeness of the particulars and statements relating to the Cargo inserted by him or on its behalf in the Air Waybill or furnished by it or on its behalf to the Carrier for insertion in the Air Waybill/ 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 the Carrier against all damage suffered by him, or by another other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the Shipper or on its behalf whether the Air Waybill was made out or completed by or on behalf of the Shipper or by the Carrier

4.6 Alterations: Air Waybills, the writing on which has been altered or erased, need not be accepted by the 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 the Carrier and in effect on the date of the issuance of the Air Waybill by the Carrier, or on the date the rate or charge for the Carriage has been entered in the Shipment Record, unless otherwise agreed in writing.

5.2 Airport to Airport: Except as otherwise provided in the Carrier’s regulations or unless otherwise agreed in writing, 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 on the Air Waybill chosen by the Shipper and subject to the rules and conditions published in the Carrier’s regulations and rate tariffs.

5.4 Services not included in Published rates and Charges: Except as otherwise provided in the Carrier’s regulations, rates and charges apply only in respect of Carriage by air or other means of transportation from airport to airport and do not include any ancillary service given by the Carrier in connection with the Carriage, including, but not limited to, services such as pick-up, delivery, and city terminal services to and from the airports served by the Carrier; storage fees; insurance fees; cash on delivery charges; advanced charges; costs incurred by the Carrier for customs clearance of the Cargo, or by third parties acting on behalf of the Shipper, Consignee, cargo owner, or Carrier; charges or fines imposed or collected by competent authorities, including duties or taxes; costs incurred by the Carrier for repairing defective packaging; freight charges for Carriage, reloading, or return Carriage of Cargo via other means of transportation; freight charges for return Carriage to the place of departure; surcharges; and any other similar services or charges.

5.5 Insurance: The Carrier does not offer all risk insurance on Cargo Shipments. The Carrier recommends that the Shipper obtains such insurance.

5.6 Payment of Charges:

5.6.1 Rates and charges are published in the currency shown in the applicable regulations and rate tariffs and may be paid in any currency acceptable to the 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 the Carrier, the current statement of which is available for inspection at the Carrier’s office where payment is made. The provisions of this paragraph are subject to applicable exchange laws and government regulations.

5.6.2 Invoices issued by the Carrier are payable within 30 (thirty) calendar days from the date of issuance unless otherwise agreed upon or indicated in the agreement or invoice. Late payments will be subject to interest at a rate of 0.5% (half a percent) per month or the maximum rate allowed by applicable law, whichever is higher. For the avoidance of doubt and notwithstanding any other mention to the contrary, any dispute regarding an invoice or part thereof shall not affect the Shipper’s obligation to pay the invoice in full pending resolution of the dispute. Carrier shall have the right at its sole discretion to apply any payments made by Shipper to any outstanding invoices. Any Carrier’s invoice shall be deemed correct and irrevocably accepted by the Shipper unless the Shipper has notified the Carrier in writing within 15 (fifteen) calendar days from the date of the invoice that the invoice or part thereof is disputed. Such notification shall include the relevant invoice number and all details of the reason for the dispute.

5.6.3 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by the Carrier and any other sums payable to the Carrier, will be deemed fully earned, whether or not the Cargo is lost or damaged, misdelivered or fails to arrive at the destination specified in the Air Waybill. All such charges, sums and advances will be due and payable upon receipt of the Cargo by the Carrier, except that they may be collected by the Carrier at any stage of the service performed under the Air Waybill and may be collected at any time upon demand by the Carrier.

5.6.4 The Shipper guarantees payment of the freight rate, storage charges and all other unpaid charges, unpaid charges collect, advances and disbursement of the Carrier. The Shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which the 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, packing of packages, description 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. The 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 the Carrier shall have mailed notice thereof to the Shipper and to the Consignee at their addresses stated in the Air Waybill) and to pay itself out of the proceeds of such sales 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.

5.6.5 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, the Carrier shall be entitled to require payment of the charge on such excess.

5.6.6 Charges collect Shipments may be accepted only to countries listed in the Carrier’s regulations or as agreed by the Carrier and subject to the condition contained therein. In any event, the 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 the Carrier.

5.6.7 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.

5.6.8 The Carrier may cancel the Carriage of the Shipment upon refusal by the Shipper, after demand by the Carrier, to pay the charges or portion thereof so demanded, without the Carrier being subject to any liability.

5.6.9 The Carrier does not accept Cargo on a cash on delivery basis.

 

ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE

6.1 Compliance with Government Requirements:

6.1.1 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. The Carrier shall not be obliged to inquire into the correctness or sufficiency of such information or documents. The Carrier shall not be liable to the Shipper or any other person for loss or expense due to the Shipper’s failure to comply with this provision nor with the compliance of the Carrier with all government requirements or instructions (whether written or spoken), including any requisition laws or regulations. The Shipper shall indemnify the Carrier against any damage occasioned by the failure of the Shipper to comply with this provision.

6.1.2 The Carrier shall not be liable for refusing to carry any Shipment if the Carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

6.2 Disbursements and Customs Formalities: The Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursements with respect to the Cargo and the Shipper and 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 reforwarding 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 as customs Consignee on the face of the Air Waybill or in the Shipment Record, the Cargo shall, at the option of the Carrier, be deemed to be consigned to the Carrier carrying the Cargo to such place or to such customs Consignee, if any, as the Carrier may designate. For any such purpose, a copy of the Air Waybill or Shipment Record, certified by the Carrier, shall be deemed an original.

6.3 Schedules, Routings and Cancellations

6.3.1 Unless specifically agreed otherwise and so indicated in the Air Waybill or Shipment Record, the 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 the 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. The Carrier is hereby authorised 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 Shipment Record. The Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of the Carrier is authorised to bind the Carrier by any statement of representations of the dates of times of departure or arrival or of operation of any flight or other means of transportation.

6.3.2 The Carrier may carry wholly or partly by any means of Carriage including by road, sea or river and by its own means of transport or with other Carriers at its own reasonable discretion and without notice.

6.3.3 The 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, 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, government requirements or instructions) whether actual, threatened or reported or because of any delay, demand, condition, circumstance or requirement due, directly or indirectly, to such fact whether or not it could have been reasonably 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, the 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.

6.3.4 In the event any flight is, pursuant to Article 6.3.3, 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, the Carrier shall not be under any liability with respect thereto. In the event the Carriage of the Shipment or any part thereof is so cancelled, diverted, postponed, delayed or advanced or terminated, the Carrier may at its sole discretion and without notice to the Shipper or Consignee deliver the Shipment to any transfer agent for transfer or delivery or the place such Shipment in storage at the Shipper’s or Consignee’s disposal at such place as the Carrier may deem safe and convenient, and such delivery shall be deemed complete delivery under the Contract of Carriage, whereupon the responsibility of the Carrier for such Shipment shall cease, except to give notice of the disposition of the Shipment to the Shipper or to the Consignee,. The 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 and the costs of doing so attaches to the Cargo.

6.3.5 Subject to applicable laws, regulations and orders, the Carrier is authorised to determine the priority of Carriage as between Shipments, and as between Cargo, mail or passengers. The 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, the Carrier will not be liable to Shipper or Consignee or to any other party for any consequences thereof.

6.4 Certain rights of Carrier over Shipment in course of Carriage: If in the opinion of the Carrier it is necessary to hold the Shipment at any place for any reasonable purpose, either before, during or after Carriage, the 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 the Carrier may deliver the Shipment to another transportation service for onward Carriage to the Consignee. The Shipper shall indemnify the Carrier against any expense or risk so incurred.

 

ARTICLE 7: SHIPPER’S RIGHT OF DISPOSITION

7.1 Exercise of right of disposition: Every exercise of the right of disposition must be made by the Shipper or itsis 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 the Carrier’s regulations. Instructions as to disposition must be given (in writing) in the form prescribed by the 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.

7.2 Shipper’s option

7.2.1 Subject to its liability to carry out all its obligations under the Contract of Carriage and provided that this right of disposition is not exercised in such way as to prejudice the Carrier or other Shippers, the Shipper may at its own expense dispose of the Cargo either:

7.2.1.1 by withdrawing it at the airport of departure; or of destination; or

7.2.1.2 by stopping it in the course of the journey on any landing; or

7.2.1.3 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

7.2.1.4 by requiring it to be returned to the airport of departure;

7.2.2 Provided that if, in the discretionary opinion of the Carrier, it is not reasonably practicable to carry out the order of the Shipper, the Carrier shall so inform the Shupper promptly and the Carrier shall then henceforth be under no obligation to carry out any such order.

7.3 Payment of expenses: The Shipper shall be liable for and shall indemnify the Carrier for all loss or damage suffered or incurred by the Carrier as a result of the exercise of his right of disposition. The Shipper shall reimburse the Carrier for any expenses occasioned by the exercise of his right of disposition, including but not limited to loss of opportunity, loss of anticipated savings or lost profits, loss of business, loss of revenues or any other indirect damages or losses.

7.4 Extent of Shipper’s right: Provided that no regulations to the contrary are applicable, 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 its 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 8: DELIVERY

8.1 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 the Carrier has agreed to notify as evidenced in the Air Waybill or Shipment Record; such notice will be sent by ordinary methods. The Carrier is not liable for non-receipt or delay in receipt of such notice.

8.2 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 or such other person as produces the Shipper’s authority to the Carrier for delivery of the goods. The Carrier shall not be bound to inquire into the correctness of such authority. Delivery to the Consignee shall be deemed to have been affected:

8.2.1 when the Carrier has delivered to the Consignee or its agent any authorisation from the Carrier required to enable the Consignee to obtain release of the Shipment; and

8.2.2 when the Shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.

8.2.3 if applicable law or Customs regulations does not require delivery to Customs or other Government authorities, when Consignee, its agent or person presenting Consignee’s authority takes delivery of Cargo from the Carrier.

8.3 Place of delivery: Except as provided in Article 9.3, the Consignee must accept delivery of and collect the Shipment at the airport of destination or the respective facility as designated by the Carrier.

8.4 Failure of Consignee to take delivery

8.4.1 Subject to the provisions of Article 8.5 hereof, if the Consignee refuses or fails to take delivery of the Shipment after its arrival at the airport of destination, the Carrier will endeavour 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, the Carrier shall notify the Shipper of the Consignee’s failure to take delivery and request its instructions. If no such instructions are received within thirty days, the Carrier may sell the Shipment in one or more lots at public or private sale or destroy or abandon such Shipment.

8.4.2 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, storage and 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 days after such return, the Carrier may dispose of the Shipment or any part thereof at public or private sale after giving the Shipper ten days’ notice of its intention to do so.

8.5 Disposal of perishables

8.5.1 When a Shipment containing perishable articles is delayed in the possession of the Carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, the 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. The proceeds of any such sale shall be subject to payment to the Carrier and the Carrier shall be entitled to recover all accrued charges and expenses.

8.5.2 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, the Carrier is authorised to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of the 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.

8.5.3 Responsibility for Charges: By accepting delivery of the Air Waybill and/or the Shipment Record, 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 its own liability for these costs and charges and will remain jointly and severally liable with the Consignee. The Carrier may make delivery of the Shipment or the Air Waybill conditional upon payment of these costs and charges.

 

ARTICLE 9: PICK-UP AND DELIVERY SERVICES

9.1 Shipments: Shipments are accepted for Carriage from their valid and legal receipt at the Carrier’s Cargo terminal or airport office at the place of departure to the airport at the place of destination or respective facility as designated by the Carrier.

9.2 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 the Carrier or as agreed by in writing.

9.3 Request for Service: Pick-up Service, if available, will be provided when requested by the Shipper. Except when otherwise provided by the 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 the Carrier prior to removal of the Shipment from the Carrier’s airport terminal at destination.

9.4 Shipment for which Service is Unavailable: Pick-up Service and Delivery Service will not be provided by the Carrier without special arrangement for any Shipment which, in the opinion of the Carrier, because of its volume, nature, value or weight is impractical for the Carrier to handle in normal course.

9.5 Liability: If Pick-up Service or Delivery Service is performed by the Carrier, such Pick-up Services or Delivery Service shall be provided subject to and in accordance with the terms as set out in the Road Carriage Terms and Conditions, including liability provisions contained therein. The Road Carriage Terms and Conditions will apply to the Pick-Up Services and/or Delivery Services to the exclusion of the Contract of Carriage.

 

ARTICLE 10: SUCCESSIVE CARRIERS

10.1 Carriage to be performed under one Contract of Carriage by several successive Carriers is regarded as a single operation.

 

ARTICLE 11: CARRIER’S LIABILITY

11.1 Save in respect subject to the Pick-up Services and Delivery Service services provided under Article 9 and the liability provisions contained in which will be provided subject to and in accordance with the Road Carriage Terms and Conditions and Article 9.5 as applicable to Pick-up Services or Delivery Service, the Carrier is liable to the Shipper, Consignee or any other person for damage sustained in the event of destruction or 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. For the purposes of this Article Carriage shall comprise the period during which the Cargo is the charge of the Carrier, or in the charge of its agent pursuant to the performance of the Contract of Carriage.

11.2 Except as may be otherwise provided in any Applicable Convention, the Carrier is not liable to the Shipper, Consignee or any other person for any damage, delay, partial loss, mis delivery or loss of whatsoever nature arising out of or in connection with the Carriage of Cargo or other services performed by the Carrier, unless such damage, delay, partial loss, mis delivery or loss is proven to have been caused by the negligence or wilful default of the Carrier and there has been no contributory negligence on the part of the Shipper, Consignee or other claimant. The Carrier’s liability shall be limited to the amount stipulated in such Applicable Convention.

11.3 The Carrier is not liable if the destruction, loss of or damage to Cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that Cargo. Consignments, the contents of which are liable to deteriorate or perish due to change in climate, temperature, altitude or other ordinary exposure, or because of length or time in transit, will be accepted without responsibility on the part of the Carrier for loss or damage due to such deterioration or perishability.

11.4 The 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 or person (including but not limited to the animal attendant or keeper) caused by the 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 or unsuitable 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 or other means of transportation.

11.5 The 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 the Carrier had knowledge that such loss or damage might be incurred.

11.6 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 he derives its rights, the 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.

11.7 Save in respect of the Pick-up Services and Delivery Service provided under Article 9 which will be provided subject to and in accordance with the Road Carriage Terms and Conditions. Unless the Shipper has made a special declaration of value for Carriage and has paid the supplementary sum applicable, liability of carrier shall not exceed the Applicable Convention limit or, if no Convention applies, 22 Special Drawing Rights, per kilogram of cargo destroyed, lost, damaged or delayed. If the Shipper has made a special declaration of value for Carriage which have been accepted for Carriage by the Shipper in writing, 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. For the avoidance of doubt, the Carrier’s liability in respect of the performance of, agreement to, Pick-up Services or Delivery Service is governed by the liability provisions contained in the Road Carriage Terms and Conditions.

11.8 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 the 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 the 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.

11.9 The Shipper, and to the extent permitted by applicable law, owner and Consignee whose property causes damage to or destruction of another Shipment or of the property of the Carrier or death or bodily injury of any person shall indemnify the Carrier for all losses and expenses incurred by the Carrier as a result thereof. Cargo which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, vehicles, equipment, persons or other property may be abandoned or destroyed by the Carrier at any time without notice and without liability therefore attaching to the Carrier.

11.10 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 an Air Waybill or 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.

11.11 Whenever the liability of the Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of the Carrier and also to any the Carrier whose aircraft or other means of transportation is used for Carriage.

11.12 When the Carrier is required by Customs or other Government authorities to make consignment available for inspection during clearance or otherwise and, including, but not limited to, unpacking and repacking such consignments, the Carrier does so only as agent of the person who has the right of disposition of the consignment at the time, and the Carrier accepts no liability for loss or damage sustained in so complying with such Customs or other Governmental requirements.

 

ARTICLE 12: LIMITATIONS ON CLAIMS AND ACTIONS

12.1 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.

12.2 No action shall be maintained in the case of loss or damage to goods unless a complaint is made to the Carrier in writing via Carrier website and by the person entitled to delivery. Such complaint shall be made:

12.2.1 in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within fourteen days from the date of receipt of the goods;

12.2.2 in the case of other damage to the goods, within fourteen days from the date of receipt of the goods;

12.2.3 in the case of delay, within twenty-one days from the date on which the goods were placed at the disposal of the person entitled to delivery;

12.2.4 In the case of non-delivery of the goods or mis delivery within 120 Days of the date of issue of the Air Waybill or the date on the Shipment Record or, whichever is applicable within the meaning of Article 8.2 herein.

12.3 Any right to damages against the Carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.

 

ARTICLE 13: OVERRIDING LAW

13.1 Insofar as any provision contained or referred to in the Air Waybill or Shipment Record or these Conditions may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any such provision shall not affect any other part.

13.2 To the extent not in conflict with any Applicable Convention or law in the jurisdiction in which the Contract for Carriage was made, these Conditions and all services provided by the Carrier to the Shipper and the Consignee shall be governed by the laws of England and Wales.

13.3 The invalidity of any provision shall not affect the validity of any other provision contained herein.

 

ARTICLE 14: MODIFICATION AND WAIVER

14.1 No agent, servant or representative of the Carrier has authority to alter, modify or waive any provision of the Contract of Carriage or of these Conditions.

 

ARTICLE 15: MODIFICATION AND WAIVER

15.1 Shipper may not set-off any claims against the Carrier.

15.2 Shipper may not assign any claims arising from contracts with the Carrier.

 

ARTICLE 16: GOVERNING LAW

16.1 Disputes arising from or in connection with these conditions are subject to English Law. In the event of applicability of an Applicable Convention, an action for damages may only be brought within one of the State Parties, at the choice of the Shipper either at the court of the location where the headquarters of the Carrier are situated or at the location of its branch office which concluded the contract, or at the court of the place of destination.