 |
 Article
3 |
|
Acceptability Of Goods For Carriage |
|
|
|
|
ARTICLE
8 - DELIVERY
| 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 non-receipt 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 authorization from carrier required to enable
the consignee to obtain release of the shipment;
and |
| 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 provided in 9.3, the consignee must accept
delivery of and collect the shipment at the airport of
destination. |
| 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 resolution 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 reason 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 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 authorized
to pay to itself and other transportation services
out of the proceeds of such sale of 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. |
|
| 8.6. |
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 other wise agreed
the shipper shall not be released form 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. |
|
|
