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Article
3 |
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Acceptability Of Goods For Carriage |
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ARTICLE
12 - 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. |
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| 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;
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| 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, which ever is applicable.
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| 12.3. |
Any right
to damage against carrier shall be extinguished unless
an action is brought within two years after the occurrence
of the events giving rise to the claim. |
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