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 Article
3 |
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Acceptability Of Goods For Carriage |
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ARTICLE
7 - SHIPPER'S RIGHT OF DISPOSITION
| 7.1. |
EXERCISE
OF RIGHT OF DISPOSITION
Every exercise of the right of disposition must
be made by the shipper or his designated agent, if any,
and must be applicable to the whole shipment under a single
air waybill, or under a single shipment record. The right
of disposition over the cargo may only be exercised if
the shipper or such agent produces the part of the air
waybill which was delivered to him, or communicates such
other form of authority as may be prescribed by carrier's
regulations. Instructions as to disposition must be given
(in writing) in the form prescribed by carrier. In the
event that the exercise of the right of disposition results
in a change of consignee, such new consignee shall be
deemed to be the consignee appearing on the air waybill
or in the shipment record. |
| 7.2. |
SHIPPER'S
OPTION
| 7.2.1. |
Subject to his
liability to carry out all his obligations under
the contract of a carriage and provided that this
right of disposition is not exercised in such a
way as to prejudice carrier or other shippers, the
shipper may at his own expense dispose of the cargo
either;
| 7.2.1.1. |
by withdrawing
it at the airport of departure or of destination;
or |
| 7.2.1.2. |
by stopping it
in the course of the journey on any landing
or |
| 7.2.1.3. |
by calling for
it to be delivered at the place of destination
or in the course of the journey to a person
other than the consignee named in the air
waybill or shipment record; or |
| 7.2.1.4. |
by requiring it
to be returned to the airport of departure. |
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| 7.2.2. |
Provided that if, in
the opinion of carrier, it is not reasonably practicable
to carry out the order of the shipper, carrier shall
so inform him promptly. |
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| 7.3. |
PAYMENT
OF EXPENSES
The shipper shall be liable for and
shall indemnify carrier for all loss or damage suffered
or incurred by carrier as a result of the exercise of
his right of disposition. The shipper shall reimburse
carrier for any expenses occasioned by the exercise of
his right of disposition. |
| 7.4. |
EXTENT
OF SHIPPER'S RIGHT
The shipper's right of disposition
shall cease at the moment when, after arrival of the cargo
at the destination, the consignee takes possession or
requests delivery of the cargo or air waybill, or otherwise
shows his acceptance of the cargo. Nevertheless, if the
consignee declines to accept the air waybill or the cargo,
or if he cannot be communicated with, such right of disposition
shall continue to vest in the shipper. |
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