| 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.
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| 11.2. |
To the extent provided by any applicable Convention, Carrier’s liability shall be limited to the amount stipulated in such applicable Convention notwithstanding gross negligence or wilful misconduct on Carrier’s part.
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| 11.3. |
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 or its Authorised Agents, unless such damage, delay or loss is proved to have been caused by Carrier’s negligence or wilful default.
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| 11.4. |
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 (including but not limited to improper packing of the Cargo).
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| 11.5. |
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 packaging of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the Carriage.
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| 11.6. |
To the extent not in conflict with applicable law, Carrier shall not be liable in any event for any consequential loss or damage arising from Carriage subject to these Conditions of Carriage, whether or not Carrier had knowledge that such loss or damage might be incurred.
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| 11.7. |
Contributory negligence on the part of the Shipper, Consignee or other claimants releases Carrier of its liability to the extent provided by the applicable Convention and applicable law.
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| 11.8. |
Liability of Carrier shall not exceed the applicable Convention limit or, if no applicable Convention applies, 17 Special Drawing Rights per kilogram of Cargo destroyed, lost, damaged, or delayed. If, with Carrier’s agreement the Shipper has made a special declaration of value for Carriage and has paid the supplementary sum applicable, 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.
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| 11.9. |
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.
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| 11.10. |
The Shipper, and to the extent permitted by applicable law, the owner and Consignee whose property or Shipment 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.
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| 11.11. |
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.
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| 11.12. |
No warranty concerning any aircraft engaged in the Carriage or concerning its fitness for the Carriage of Cargo to which the contract relates is implied in the contract of Carriage.
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| 11.13. |
A Shipment, 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 of time in transit will be accepted without responsibility on the part of the Carrier for loss or damage due to such deterioration or perishability.
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| 11.14. |
Whenever the liability of Carrier is excluded or limited under these Conditions of Carriage, such exclusion or limitation shall apply to Authorised Agents, servants or representatives of Carrier and also to any Carrier whose aircraft or other means of transportation is used for Carriage.
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| 11.15. |
When Carrier is required by customs or other government authorities to make Consignments available for inspection during clearance or otherwise and including but not limited to unpacking and repacking such Consignments Carrier does so only as agent of the person who has the right of disposition of the Consignment at the time and Carrier accepts no liability for any loss or damage sustained in so complying with customs or other governmental requirements.
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