AIR WAYBILL - CONDITIONS OF CONTRACT
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
- 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.
-
- 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
- To the extent not in conflict with the foregoing,
carriage and other related services performed by each
Carrier are subject to:
- applicable laws and government regulations;
- 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:
- limits on the Carrier's liability for loss,
damage or delay of goods, including fragile or
perishable goods;
- 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;
- rights, if any, of the Carrier to change the
terms of the contract;
- rules about Carrier's right to refuse to
carry;
- rights of the Carrier and limitations
concerning delay or failure to perform service,
including schedule changes, substitution of
alternate Carrier or aircraft and rerouting.
- 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.
- 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.
-
- 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.
- 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.
-
- 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.
- 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.
-
- 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.
- Notwithstanding any other provisions, for "foreign air
transportation" as defined by the U.S. Transportation Code:
- 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
- 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.
- 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.
- 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.
- 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.
- 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:
- 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;
- 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.
- 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.
- 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.
- Unless a written complaint is made within the
time limits specified in 10.1 no action may be
brought against Carrier.
- 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.
- 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.
- No agent, employee or representative of Carrier has
authority to alter, modify or waive any provisions of this
contract.
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