Terms & conditions
BIFA and IATA terms & conditions apply:
BIFA (BRITISH INTERNATIONAL FREIGHT ASSOCIATION) STANDARD TRADING CONDITIONS (2017 EDITION)
The customer’s attention is drawn to specific clauses hereof which exclude or limit the company’s liability and those which require the customer to indemnify the company in certain circumstances and those which limit time and those which deal with conditions of issuing effective goods insurance being clauses 7, 8, 10, 11.1 and 11.2, 12-14 inclusive, 18-20 inclusive, and 24-27 inclusive. The customer’s attention is also drawn to clause 28 which permits arbitration in certain circumstances.
DEFINITIONS AND APPLICATION
1.0 In these conditions the following words shall have the following meanings:
ConsigneeThe person to whom the goods are consigned.CustomerAny person at whose request or on whose behalf the company undertakes any business or provides advice, information or services.Direct representativeThe company acting in the name of and on behalf of the customer and/or owner with H.M. Revenue and Customs (“HMRC”) as defined by Article 18 of Regulation (EU) No. 952/2013 of the European Parliament and of the Council or as amended.GoodsThe cargo to which any business under these conditions relates.PersonNatural person(s) or any body or bodies corporate.LMAAThe London Maritime Arbitrators Association.SDRAre special drawing rights as defined by the International Monetary Fund.Transport unitPacking case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of goods by land, sea or air.OwnerThe owner of the goods or transport unit and any other person who is or may become interested in them.
|Company||The BIFA member trading under these conditions.|
2.1 Subject to sub-paragraph 2.2 below, all and any activities of the company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
2.2 If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
3.0 The customer warrants that he is either the owner, or the authorised agent of the owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the owner.
4.1 Subject to clauses 11 and 12 below, the company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.
4.2 The company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.
5.0 When the company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.
6.1 When the company acts as an agent on behalf of the customer, the company shall be entitled, and the customer hereby expressly authorises the company, to enter into all and any contracts on behalf of the customer as may be necessary or desirable to fulfil the customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.
6.2 The company shall, within 14 days’ notice given by the customer, provide evidence of any contract entered into as agent for the customer. Insofar as the company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the customer as a principal for the performance of the customer’s instructions.
7.0 In all and any dealings with HMRC for and on behalf of the customer and/or owner, the company is deemed to be appointed, and acts as, direct representative only.
8.1 Subject to sub-clause 8.2 below, the company:
8.1.1 Has a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time to the company from the customer and/or owner on any account whatsoever, whether relating to goods belonging to, or services provided by or on behalf of the company to the customer or owner. Storage charges shall continue to accrue on any goods detained under lien.
8.1.2 Shall be entitled, on at least 21 days notice in writing to the customer, to sell or dispose of or deal with such goods or documents as agent for, and at the expense of, the customer and apply the proceeds in or towards the payment of such sums.
8.1.3 Shall, upon accounting to the customer for any balance remaining after payment of any sum due to the company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the goods or documents.
8.2 When the goods are liable to perish or deteriorate, the company’s right to sell or dispose of or deal with the goods shall arise immediately upon any sum becoming due to the company, subject only to the company taking reasonable steps to bring to the customer’s attention its intention to sell or dispose of the goods before doing so.
9.0 The company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.
10.1 Should the customer, consignee or owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the company shall be entitled to store the goods, or any part thereof, at the sole risk of the customer or consignee or owner, whereupon the company’s liability in respect of the goods, or that part thereof, stored as aforesaid, shall wholly cease. The company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the customer.
10.2 The company shall be entitled at the expense of the customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):
10.2.1 After at least 21 days notice in writing to the customer, or (where the customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the company to have any interest in the goods) without notice, any goods which have been held by the company for 60 days and which cannot be delivered as instructed.
10.2.2 Without prior notice, any goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the company, or third parties, or to contravene any applicable laws or regulations.
11.1 No insurance will be effected except pursuant to and in accordance with clearly stated instructions given in writing by the customer and accepted in writing by the company, and all insurances effected by the company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the company shall not be under any obligation to effect a separate insurance on the goods, but may declare it on any open or general policy held by the company.
11.2 Insofar as the company agrees to effect insurance, the company acts solely as agent for the customer, and the limits of liability under clause 26.1 of these conditions shall not apply to the company’s obligations under clause 11.
12.1 Except under special arrangements previously made in writing by an officer of the company so authorised, or made pursuant to or under the terms of a printed document signed by the company, any instructions relating to the delivery or release of the goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the company, where the company has to engage third parties to effect compliance with the instructions, only as agents for the customer.
12.2 Despite the acceptance by the company of instructions from the customer to collect freight, duties, charges, dues, or other expenses from the consignee, or any other person, on receipt of evidence of proper demand by the company and, in the absence of evidence of payment (for whatever reason) by such consignee, or other person, the customer shall remain responsible for such freight, duties, charges, dues, or other expenses.
12.3 The company shall not be under any liability in respect of such arrangements as are referred to under sub-clause 12.1 and 12.2 hereof save where such arrangements are made in writing, and in any event, the company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26.1.2 of these conditions.
13.0 Advice and information, in whatever form it may be given, is provided by the company for the customer only. The customer shall indemnify the company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
14.0 Without prior agreement in writing by an officer of the company so authorised, the company will not accept or deal with goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any customer nevertheless deliver any such goods to the company, or cause the company to handle or deal with any such goods, otherwise than under such prior agreement, the company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
15.0 Except pursuant to instructions previously received in writing and accepted in writing by the company, the company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods. If such goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the company, constitute a risk to other goods, property, life or health, the company shall, where reasonably practicable, contact the customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the customer.
16.0 Where there is a choice of rates according to the extent or degree of the liability assumed by the company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the company so authorised as referred to in clause 26.4.
17.0 The customer warrants:
17.1.1 That the following (furnished by or on behalf of the customer) are full and accurate: the description and particulars of any goods; or information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any goods); and the description and particulars of any services required by or on behalf of the customer are full and accurate.
17.1.2 That any transport unit and/or equipment supplied by the customer in relation to the performance of any requested service is fit for purpose.
17.2 That all goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
17.3 That where the company receives the goods from the customer already stowed in or on a transport unit, the transport unit is in good condition, and is suitable for the carriage to the intended destination of the goods loaded therein, or thereon.
17.4 That where the company provides the transport unit, on loading by the customer, the transport unit is in good condition, and is suitable for the carriage to the intended destination of the goods loaded therein, or thereon.
18.0 Without prejudice to any rights under clause 15, where the customer delivers to the company, or causes the company to deal with or handle goods of a dangerous or damaging nature, or goods likely to harbour or encourage vermin or other pests, or goods liable to taint or affect other goods, whether declared to the company or not, he shall be liable for all loss or damage arising in connection with such goods, and shall indemnify the company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such manner as the company, or any other person in whose custody they may be at any relevant time, shall think fit.
19.0 The customer undertakes that no claim shall be made against any director, servant, or employee of the company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the company against all consequences thereof.
20.0 The customer shall save harmless and keep the company indemnified from and against:
20.1 All liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the company acting in accordance with the customer’s instructions, or arising from any breach by the customer of any warranty contained in these conditions, or from the negligence of the customer.
20.2 Without derogation from sub-clause 20.1 above, any liability assumed, or incurred by the company when, by reason of carrying out the customer’s instructions, the company has become liable to any other party.
20.3 All claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the company, its servants, sub-contractors or agents.
20.4 Any claims of a general average nature which may be made on the company.
21.1 The punctual receipt in full of sums failing due from the customer to the company is critical to the operation of the company’s business and its performance of its obligations to the customer. Accordingly the customer shall pay to the company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off. Time is of the essence of payment of all and any sums payable by the customer to the company.
21.2 In the event of any failure by the customer to make full and punctual payment of any sum payable to the company (in accordance with clause 21.1 abv):
21.2.1 Any and all other sums properly earned by and/or otherwise due to the company (but which, but for this clause 21.2, would otherwise not yet be payable by the customer, whether by virtue of an agreed credit period or otherwise) shall become immediately payable in full.
21.2.2 Any sum thereby becoming immediately payable shall be paid to the company in cash, or as otherwise agreed, and without reduction or deferment on account of any claim, counterclaim or set-off.
21.3 No omission to seek compensation for breach of 21.1 and 21.2 above by the company shall constitute a waiver or release to the customer from any liability under 21.1 and 21.2 above during the application of these terms unless agreed in writing by authorised officers of the company and customer.
21.4 The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the customer.
22.0 Where liability arises in respect of claims of a general average nature in connection with the goods, the customer shall promptly provide security to the company, or to any other party designated by the company, in a form acceptable to the company.
LIABILITY AND LIMITATION
23.0 The company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
24.0 The company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:
24.1 Strike, lock-out, stoppage or restraint of labour, the consequences of which the company is unable to avoid by the exercise of reasonable diligence.
24.2 Any cause or event which the company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
25.0 Except under special arrangements previously made in writing by an officer of the company so authorised, the company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of goods.
26.1 Subject to clause 2.2 and 11.2 above and sub-clause 26.1.4 below, the company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed.
26.1.1 In the case of claims for loss or damage to goods:
22.214.171.124 The value of any loss or damage.
126.96.36.199 A sum at the rate of two SDR per kilo of the gross weight of any goods lost or damaged whichever shall be the lesser.
26.1.2 Subject to 26.1.3 below, in the case of all other claims:
188.8.131.52 The value of the subject goods of the relevant transaction between the company and its customer.
184.108.40.206 Where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of the subject goods of the said transaction.
220.127.116.11 75,000 SDR in respect of any one transaction, whichever shall be the lesser.
26.1.3 In the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error, and/or omission:
18.104.22.168 The loss incurred.
22.214.171.124 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or omission, whichever shall be the lesser. For the purposes of clause 26.1, the value of the goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the company in writing.
26.2 Subject to clause 2.2 above and sub-clause 26.4 below, the company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the company’s charges in respect of the relevant contract.
26.3 Save in respect of such loss or damage as is referred to in sub-clause 26.2, and subject to clause 2.2 above and sub-clause 26.4 below, the company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.
26.4 On clearly stated instructions in writing declaring the commodity and its value, received from the customer and accepted by the company, the company may accept liability in excess of the limits set out in sub-clauses 26.1 to 26.3 above upon the customer agreeing to pay the company’s additional charges for accepting such increased liability. Details of the company’s additional charges will be provided upon request.
27.1 Any claim by the customer against the company arising in respect of any service provided for the customer, or which the company has undertaken to provide, shall be made in writing and notified to the company within 14 days of the date upon which the customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
27.2 Notwithstanding the provisions of sub-paragraph 27.1 above, the company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the customer, or which the company has undertaken to provide, unless suit be brought and written notice thereof given to the company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the company.
JURISDICTION AND LAW
28.1 These conditions and any act or contract to which they apply shall be governed by English law.
28.2 Any dispute arising out of any act or contract to which these conditions apply shall save as provided in 28.3 below, be subject to the exclusive jurisdiction of the English courts.
28.3 Notwithstanding 28.2 above, the company is entitled to require any dispute to be determined by arbitration.
28.4 The company may exercise its rights under 28.3 above either by itself commencing arbitration in respect of a dispute or by giving written notice to the customer requiring a dispute to be determined by arbitration.
28.5 In the event that the company exercises its rights under 28.3 above, the corresponding arbitration shall be conducted as follows:
28.5.1 Where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the company and customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA intermediate claims procedure applicable at the date of the commencement of the arbitration proceedings.
28.5.2 Where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the company and customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA small claims procedure applicable at the date of the commencement of the arbitration proceedings.
28.5.3 In any case where neither of the LMAA procedures referred to in 28.5.1 and/or 28.5.2 above applies, the reference shall be to three arbitrators in accordance with the LMAA terms applicable at the date of the commencement of the arbitration proceedings.
IATA (INTERNATIONAL AIR TRANSPORT ASSOCIATION) CONDITIONS OF CARRIAGE FOR CARGO
|Agent||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.|
|Air waybill||The document entitled air waybill made out by or on behalf of the shipper, which evidences the contract between the shipper and carrier for carriage of cargo over routes of carrier.|
|Applicable convention||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 Protocol No. 4 of Montreal 1975.
|Cargo (which is equivalent to the term ‘goods’)||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 or shipment record.|
|Carriage (which is equivalent to the term ‘transportation’)||Carriage of cargo by air or by another means of transport, whether gratuitously or for reward.|
|Carrier||Includes the air carrier issuing the air waybill or preserving the shipment record and all carriers that carry or undertake to carry the cargo or to perform any other services related to such carriage.|
|Charges collect||The charges entered on the air waybill or shipment record for collection from the consignee against delivery of the shipment.|
|Consignee||The person whose name appears on the air waybill or shipment record, as the party to whom the shipment is to be delivered by carrier.|
|Days||Full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is despatched shall not be counted.|
|Delivery service||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.|
|Pick-up service||The surface carriage of outbound shipments from the point of pick-up at the address of the shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.|
|Shipment (which is equivalent to the term ‘consignment’)||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 or a single shipment record, for carriage to one consignee at one destination address.|
|Shipment record||Any record of the contract if carriage preserved by carrier, evidenced by means other than an air waybill.|
|Shipper (which is equivalent to the term ‘Consignor’)||The person whose name appears on the air waybill or shipment record, as the party contracting with carrier for the carriage of cargo.|
|Special drawing right||A special drawing right as defined by the International Monetary Fund.|
2.0 — APPLICABILITY
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 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.
2.2 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 time tables (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 Application to United States 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 applicable of all or any part of these conditions.
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 accepting 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 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 carrier’s rules, regulations and tariffs in effect on the date of the issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these conditions and carrier’s rules, regulations and tariffs, these conditions shall prevail.
3.0 ACCEPTABILITY OF GOODS FOR CARRIAGE
3.1 Cargo acceptable
3.1.1 Carrier undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by carrier’s regulations and provided:
126.96.36.199 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.
188.8.131.52 they are packed in a manner suitable for carriage by aircraft.
184.108.40.206 they are accompanied by the requisite shipping documents.
220.127.116.11 they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.
3.1.2 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 carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full address of the shipper and consignee.
3.3.2 Packages containing valuables as defined in carrier’s regulations must be sealed if so requested by carrier.
3.4 Cargo acceptable only under prescribed conditions
Dangerous goods, live animals, perishables, fragile goods, human remains, and other special cargo are acceptable only under the conditions set forth in carrier’s regulations applicable to the carriage of such cargo.
3.5 Responsibility for non-observance of conditions relating to special cargo
Responsibility for non-observance of the conditions relating to the carriage of cargo rests upon the shipper who shall indemnify carrier for any loss, damage, delay, liability or penalties carrier may incur because of carriage of any such cargo.
3.6 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.
3.7 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.
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 the 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, 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 goods receipt 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 authorised 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, 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 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.
Air waybills, the writing on which has been altered or erased, need not be accepted by carrier.
5.0 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 of the issuance of the air waybill by carrier, or on the date the rate or charge for the carriage has been entered in the shipment record.
5.2 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.
5.3 Services not included in published rates and charges
Except as otherwise provided in carriers’ regulations, rates and charges apply only from airport to airport and do not include any ancillary service given by carrier in connection with the air carriage.
5.4 Payment of charges
5.4.1 Rates and charges are published in the currency shown in the applicable rate tariffs, and 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 at carrier’s office where payment is made.
5.4.2 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.
5.4.3 The shipper guarantees payment of all 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 licence 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 notice 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.
5.4.4 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.
5.4.5 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.
5.4.6 All charges applicable to a shipment are payable 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.
5.4.7 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 therefor.
6.0 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. 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.
6.1.2 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 Disbursements and customs formalities
Carrier is authorised (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 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 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
6.3.1 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. Unless specifically agreed otherwise and so indicated in the air waybill or shipment record, carrier undertakes to carry the cargo with reasonable despatch 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. 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 in the shipment record. Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorised to bind carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.
6.3.2 Carrier is authorised to carry the consignment without notice wholly or partly by any other means of surface transportation or to arrange such carriage.
6.3.3 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 or not reasonably to be foreseen, anticipated, or predicted at the same time the cargo was accepted; or if it considers that any other circumstances so require.
6.3.4 In the event any flight is 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 not be under any liability with respect thereto. 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.
6.3.5 Subject to applicable laws, regulations and orders, carrier is authorised 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 consequences therefor.
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 reasonable 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.
7.0 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 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.
7.2 Shipper’s option
7.2.1 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:
18.104.22.168 by withdrawing it at the airport of departure; or of destination.
22.214.171.124 by stopping it in the course of the journey on any landing.
126.96.36.199 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.
188.8.131.52 by requiring it to be returned to the airport of departure.
7.2.2 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.
7.3 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.
7.4 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.
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 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 nonreceipt 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. Delivery to the consignee shall be deemed to have been effected:
8.2.1 when carrier has delivered to the consignee or his agent any authorisation from carrier required to enable the consignee to obtain release of the shipment.
8.2.2 when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 Place of delivery
Except as provided in 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 8.5 hereof, if the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, 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, 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.
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, 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.
8.5 Disposal of perishables
8.5.1 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.
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, 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.
8.5.3 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.
9.0 PICK-UP AND DELIVERY SERVICES
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.
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 carrier.
9.3 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.
9.4 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.
If pick-up service or delivery service is performed by or on behalf of carrier, such surface transportation shall be upon the same terms as to liability as set forth in Article 11 hereof.
10.0 SUCCESSIVE CARRIERS
10.1 Carriage to be performed under one contract of carriage by several successive carriers is regarded as a single operation.
11.0 CARRIER’S LIABILITY
11.1 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 as defined under article 1.
11.2 Except as may be otherwise provided in any applicable Convention, carrier is not liable to the shipper, consignee or any other person for any damage, delay or loss of whatsoever nature arising out of or in connection with the carriage of cargo or other services performed by carrier, unless such damage, delay or loss is proved to have been caused by the negligence or wilful default of carrier and there has been no contributory negligence on the part of the shipper, consignee or other claimant.
11.3 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.
11.4 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 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 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.
11.5 Carrier shall not be liable in any event for any 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.
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 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.
11.7 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, 17 Special Drawing Rights, per kilogram of cargo destroyed, lost, damaged or delayed. If the shipper has made a special declaration of value for carriage, 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.
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 carrier’s liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any 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, 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 therefor attaching to 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 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.
11.11 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.
12.0 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 carrier in writing 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 (14) days from the date of receipt of the goods.
12.2.2 in the case of other damage to the goods, within fourteen (14) days from the date of receipt of the goods.
12.2.3 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.
12.2.4 in the case of non-delivery of the goods, within one hundred and twenty (120) days of the date of issue of the air waybill or the date of the shipment record, whichever is applicable.
12.3 Any right to damages against carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.
13.0 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.
14.0 MODIFICATION AND WAIVER
14.1 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.