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 Article
3 |
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Acceptability Of Goods For Carriage |
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ARTICLE
6 - 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. |
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| 6.2. |
DISBURSEMENTS
AND CUSTOMS FORMALITIES
Carrier is authorized (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 re-forwarding 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 authorized to select
or deviate from the route or routes of the shipment,
not withstanding that the same may be stated on
the face of the air waybill or in the shipment record.
Carrier is not responsible for errors of omissions
either in timetables or other representations of
schedules. No employee, agent or representative
of carrier is authorized to bind carrier by any
statements or representations of the dates or times
of departure of arrival, or of operation of any
flight. |
| 6.3.2. |
Carrier is authorized
to carry the consignment without notice wholly or
partly by any means of surface transportation or
to arrange such carriage or to substitute alternate
carriers or aircraft. |
| 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 time the
cargo was accepted or if it considers that any other
circumstance so require. |
| 6.3.4. |
In the event any flight
is so 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 or 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
of the consignee. The cost of doing so attaches
to the cargo. |
| 6.3.5. |
Subject to applicable
government 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
therefore. |
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| 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 purpose,
either before, during or after carriage, carrier may,
upon giving notice thereof to the shipper, store the shipment
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.
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