| 1. |
As
used in this contract "carrier" means
all air 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 at The Hague. 28 September
1955, which ever may be applicable and
"French gold francs" means francs
consisting of 65 1/2 milligrams of gold with a
fineness of nine hundred thousandths.
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| 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 that Convention. |
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2.2 |
To the
extent not in conflict with the foregoing,
carriage hereunder and other services performed
by each carrier are subject to: |
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2.2.1 |
applicable
laws (including national laws implementing the
Convention), government regulations, orders and
requirements |
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2.2.2 |
provisions
herein set forth, and |
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2.2.3 |
applicable
tariffs, rules, conditions of carriage,
regulations and timetables (but not the times 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. In transportation
between a place in the United States or Canada
and any place outside thereof the applicable
tariffs are the tariffs in force in those
countries. |
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| 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
timetables. 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 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. |
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| 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 the
equivalent per kilogram of goods loss, damaged
or delayed, unless a higher value is declared by
the shipper and a supplementary charge paid. |
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| 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 and if the shipper has
paid any supplementary charge that may be
required by the carrier's tariffs, conditions of
carriage or regulations, this shall constitute a
special declaration of value and in this case
carrier's limit of liability shall be the sum so
declared. Payment of claims shall be subject to
proof of actual damages suffered. |
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| 6. |
In
cases 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 package or
packages concerned. Note: Notwithstanding
any other provision for foreign air
transportation as defined in the U.S. Federal
Aviation Act, as amended, in the case of loss or
damage or delay of a 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 the case
of a part shipment loss, damage or delay) to
determine to transportation charge for such
shipment. |
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| 7. |
Any
exclusion or limitation of liability applicable
to carrier shall apply to and be for the benefit
of carrier's agents, servants and
representatives and any person whose aircraft is
used by carrier for carriage and its agents,
servants and representatives. For purposes of
this provision carrier acts herein as agent for
all such persons. |
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| 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. This Sub-paragraph is not applicable
to/from USA. |
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8.2 |
Carrier
undertakes to complete the carriage hereunder
with reasonable dispatch. Except within U.S.A.
where carrier tariffs will apply, carrier may
use alternate carriers or aircraft arid may
without notice and with due regard to 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. This Sub-paragraph is applicable
only to/from USA.
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| 9. |
Subject
to the conditions herein, the carrier shall be
liable for the goods during fine period they are
in its charge at the charge of its agent. |
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| 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 tariffs, conditions of carriage and
related regulations, applicable laws (including
national laws implementing the Convention),
government regulations, orders and requirements. |
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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. |
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| 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
arrive of the 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 instructions
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. |
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| 12. |
12.1 |
The
person entitled to delivery must make a
complaint to the carrier in writing in the case: |
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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; |
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12.1.2 |
of
other damage to the goods, within fourteen (14)
days from the date of receipt of the goods; |
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12.1.3 |
of
delay, within twenty-one (21) days of the date
the goods are placed at his disposal; and |
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12.1.4 |
of
non-delivery of the goods, within one hundred
and twenty (120) days from the date of the issue
of the air waybill; |
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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. |
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12.3 |
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 transportation stopped. |
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| 13. |
The
shipper shall comply with all applicable laws
and government regulations of any country to,
from, through or over which the goods may be
carried, including those relating to the
packing, carriage or delivery of the goods, and
shall furnish such information and attach such
documents to this air waybill as may be
necessary to comply with such laws arid
regulations. Carrier is not liable to the
shipper for loss or expense due to the shipper's
failure to comply with this provision. |
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| 14. |
No
agent, servant or representative of carrier has
authority to alter, modify or waive any
provisions of this contract. |
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| 15. |
If
carrier offers insurance and such insurance is
requested, and if the appropriate premium is
paid and the fact recorded on the face hereof,
the goods covered by this
air waybill are
insured under an open policy for the amount
requested as set out on the face hereof
(recovery being limited to the actual value of
goods lost or damaged provided that such amount
does not exceed the insured value). The
insurance is subject to the terms, conditions
and coverage (from which certain risks are
excluded) of the open policy, which is available
for inspection at an office of the issuing
carrier by the interested party. Claims under
such policy must be reported immediately to an
office of carrier. |
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