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 Article
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Acceptability Of Goods For Carriage |
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ARTICLE
5 - 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 carrier's 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 maybe 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. The provisions of this paragraph are subject
to applicable statutes rules and regulations. |
| 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 of suffer by reason
of the conclusion 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
of import license 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 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 shipment's on a charges collect basis
to any country where regulations prevent the conversions
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 in cash 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 therefore. |
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