INTERNATIONAL
NOTICE CONCERNING CARRIERS'LIMITATION OF LIABILITY
IF THE CARRIAGE INVOLVES AN ULTIMATE DESTINATION
OR STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE,THE WARSAW CONVENTION
MAY BE APPLICABLE AND THE CONVENTION GOVERNS AND IN MOST CASES LIMITS THE LIABILITY
OF THE CARRIER IN RESPECT OF LOSS, DAMAGE OR DELAY TO CARGO.
CONDITIONS OF CONTARCT
- 1.
- As used in this contract " carrier " means that all carriers that carry or
undertake to carry the goods hereunder or perform any other services incidental
to such air carriage, "Warsaw Convention" means the Convention for the Unification
of certain Rules relating to International Carriage by Air, signed at Warsaw,12
October 1929 or that Convention as amended by the applicable Protocol for various
regimes.
- 2.
- 2.1
- Carriage hereunder is subject to the rules relating to liability established by the Warsaw
Convention unless such carriage is not "International carriage" as defined by the Convention.
- 2.2
- To the extent not in conflict with the foregoing, carriage hereunder and other services performed
by each carrier are subject to:
- 2.2.1
- Applicable laws (including national laws implementing the Convention), government regulation,
orders and requirements;
- 2.2.2
- Provisions herein set forth, and
- 2.2.3
- Applicable tariffs, rules, conditions of carriage, regulations and timetable
(but not the time of departure and arrival therein) of such carrier, which are
made part hereof and which may be inspected at any of its offices and at airports
from which it operates regular services.
- 3.
- The first carrier's name may be abbreviated on the face hereof, the full name and its
abbreviation being set forth in such carrier's tariffs, conditions of carriage, regulations
and time tables. The first carrier's address is the airport of departure shown on the face
hereof. The agreed stopping places (which may be altered by carrier in case of necessity) are
those places, except the place of departure and the place of destination set forth on the face
hereof or shown in carrier's timetable as scheduled stopping places for the route. Carriage to
be performed hereunder by several successive carriers is regarded as a single operation.
- 4.
- Except as otherwise provided in carrier's tariffs or conditions of carriage
in carriage to which the Warsaw Convention does not apply carriers' liability
shall not exceed USD 20.00 or equivalent per kilogram of goods lost, damage
or delayed.
- 5.
- If the sum entered on the face of the air waybill as "Declared Value for Carriage"
represents an amount in excess of the applicable limits of liability referred
to in the above Notice and in these Conditions, shipper shall carry his own
insurance for excess coverage, or assume the risk of loss or damage of such.
Carrier's limit of liability shall be as in (4), or the Declared Value, which
ever is less. Payment of claims shall be subject to proof of actual damage suffered.
- 6.
- In case of loss, damage or delay of part of the consignment, the weight to be taken into account
in determining carrier's limit of liability shall be only the weight of the packages concerned.
- NOTE:
- Not with standing any other provision, in case of loss or damage or delay
of shipment or part thereof the weight to be used in determining the carrier's
limit of liability shall be the weight which is used (or a pro rata share in
case of a part shipment loss, damage or delay) to determine the transportation
charge for such shipment.
- 7.
- Any exclusion or limitation of liability applicable to carrier shall apply to and be for
the benefit of carrier's agent, servants and representatives and any person whose aircraft
is used by carrier for carriage and its agents, servants and representatives. For purpose
of this provision carrier acts herein as agent for all such persons.
- 8.
- 8.1
- Carrier undertakes to complete the carriage hereunder with reasonable dispatch.
Carrier may use alternate carriers or aircraft and may without notice and with
due regard to the interests of the shipper use other means of transportation.
Carrier is authorized by 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.
- 9.
- Subject to the conditions herein, the carrier shall be liable for the goods during the period
they are in its charge or the charge of its agent.
- 10.
- 10.1
- 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 carriage due in accordance
with carrier's tariff; conditions of carriage and related regulation, applicable laws
(including national laws implementing the Convention), government regulations, orders and
requirements.
- 10.2
- When no part of the consignment is delivered a claim with respect to such consignment will
be entertained even though transportation charges thereon are unpaid.
- 11.
- Notice of arrival of goods will be given promptly to the consignee or to the person indicated
on the face hereof as the person to be notified. On arrival of goods at the place of destination,
subject to the acceptance of other instructions from the shipper prior to arrival of the goods
at the place of destination, delivery will be made to or in accordance with the instruction of
the consignee. If the consignee declines to accept the goods or cannot be communicated with,
disposition will be in accordance with instructions of the shipper.
- 12.
- 12.1
- The person entitled to delivery must make a complaint to the carrier in writing in the case:
- 12.1.1
- Of visible damage to the goods, immediately after discovery of the damage and at the latest
within fourteen (14) days from receipt of the goods;
- 12.1.2
- Of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;
- 12.1.3
- Of delay within twenty-one (21) days of the date the goods are placed at his disposal; and
- 12.1.4
- Of non delivery of the goods, within one hundred and twenty (120) days from the date of
issue of air waybill.
- 12.2
- For the purpose of 12.1 complaint in writing 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 who
performed the transportation during which the loss, damage or delay took place.
- 12.3
- Any right to damage against carrier shall be extinguished unless an action
is brought within 6 months 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.
- 13.
- The shipper shall comply with all applicable laws and government regulation of any country
to, from, thought or over which the goods may be carried, including those relating to the
packing, carriage or delivery of goods and shall furnish such information and attach such
documents to this air waybill as may be necessary to comply with such laws and regulation.
Carrier is not liable to the shipper for loss or expense due to the shipper's failure to
comply with this provision.
- 14.
- No agent, servant or representative of carrier has authority to alter, modify
or waive any provisions of this contract..
- 15.
- Claim for over charge if any must be made in writing within one hundred eighty (180) days
from the date of issuance of Air Waybill.