Notice Concerning Carriers' Limitation of Liability

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NOTICE CONCERNING CARRIERS' LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw
Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the
applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special Drawing Rights per kilogram under the
Montreal Convention; 17 Special Drawing Rights per kilogram under the Warsaw Convention as amended by Montreal Protocol No.4; or 250 French
gold francs per kilogram under the Warsaw Convention (unamended by Montreal Protocol No.4), converted into national currency under applicable
law,unless a greater amount is specified in the Carrier’s conditions of carriage.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon: 6.2 In carriage to which neither the Warsaw Convention nor the
CARRIER includes the air carrier issuing this air waybill and all carriers Montreal Convention applies Carrier shall, in accordance with the
that carry or undertake to carry the cargo or perform any other services procedures set forth in its general conditions of carriage and applicable
related to such carriage. tariffs, permit shipper to increase the limitation of liability by declaring a
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as higher value for carriage and paying a supplemental charge if so
defined by the International Monetary Fund. required.
WARSAW CONVENTION means whichever of the following 7./7.1 In cases of loss of, damage or delay to part of the cargo, the
instruments is applicable to the contract of carriage: weight to be taken into account in determining Carrier’s limit of
the Convention for the Unification of Certain Rules Relating to liability shall be only the weight of the package or packages
International Carriage by Air, signed at Warsaw, 12 October 1929; concerned.
that Convention as amended at The Hague on 28 September 1955; 7.2 Notwithstanding any other provisions, for “foreign
that Convention as amended at The Hague 1955 and by Montreal air transportation” as defined by the U.S. Transportation Code:
Protocol No. 1, 2, or 4 (1975) as the case may be. 7.2.1 in the case of loss of, damage or delay to a shipment, the
MONTREAL CONVENTION means the Convention for the Unification of weight to be used in determining Carrier’s limit of liability
Certain Rules for International Carriage by Air, done at Montreal on 28 shall be the weight which is used to determine the charge
May 1999. for carriage of such shipment; and
2./2.1 Carriage is subject to the rules relating to liability established by 7.2.2 in the case of loss of, damage or delay to a part of a
the Warsaw Convention or the Montreal Convention unless such shipment, the shipment weight in 7.2.1 shall be prorated
carriage is not “international carriage” as defined by the applicable to the packages covered by the same air waybill whose
Conventions. value is affected by the loss, damage or delay. The
2.2 To the extent not in conflict with the foregoing, carriage and other weight applicable in the case of loss or damage to one or
related services performed by each Carrier are subject to: more articles in a package shall be the weight of the entire
2.2.1 applicable laws and government regulations; package.
2.2.2 provisions contained in the air waybill, Carrier’s conditions of 8. Any exclusion or limitation of liability applicable to Carrier shall apply
carriage and related rules, regulations, and timetables (but not to Carrier’s agents, employees, and representatives and to any person
the times of departure and arrival stated therein) and whose aircraft or equipment is used by Carrier for carriage and such
applicable tariffs of such Carrier, which are made part hereof, person’s agents, employees and representatives.
and which may be inspected at any airports or other cargo 9. Carrier undertakes to complete the carriage with reasonable dispatch.
sales offices from which it operates regular services. When Where permitted by applicable laws, tariffs and government regulations,
carriage is to/from the USA, the shipper and the consignee are Carrier may use alternative carriers, aircraft or modes of transport
entitled, upon request, to receive a free copy of the Carrier’s without notice but with due regard to the interests of the shipper.
conditions of carriage. The Carrier’s conditions of carriage Carrier is authorized by the shipper to select the routing and all
include, but are not limited to: intermediate stopping places that it deems appropriate or to change or
2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of deviate from the routing shown on the face hereof.
goods, including fragile or perishable goods; 10. Receipt by the person entitled to delivery of the cargo without
2.2.2.2 claims restrictions, including time periods within which complaint shall be prima facie evidence that the cargo has been
shippers or consignees must file a claim or bring an action delivered in good condition and in accordance with the contract of
against the Carrier for its acts or omissions, or those of its carriage.
agents; 10.1 In the case of loss of, damage or delay to cargo a written
2.2.2.3 rights, if any, of the Carrier to change the terms of the complaint must be made to Carrier by the person entitled to
contract; delivery. Such complaint must be made:
2.2.2.4 rules about Carrier’s right to refuse to carry; 10.1.1 in the case of damage to the cargo, immediately after
2.2.2.5 rights of the Carrier and limitations concerning delay or discovery of the damage and at the latest within 14 days
failure to perform service, including schedule changes, from the date of receipt of the cargo;
substitution of alternate Carrier or aircraft and rerouting. 10.1.2 in the case of delay, within 21 days from the date on
3. The agreed stopping places (which may be altered by Carrier in which the cargo was placed at the disposal of the person
case of necessity) are those places, except the place of departure and entitled to delivery.
place of destination, set forth on the face hereof or shown in Carrier’s 10.1.3 in the case of non-delivery of the cargo, within 120 days
timetables as scheduled stopping places for the route. Carriage to be from the date of issue of the air waybill, or if an air waybill
performed hereunder by several successive Carriers is regarded as a has not been issued, within 120 days from the date of
single operation. receipt of the cargo for transportation by the Carrier.
4. For carriage to which the Montreal Convention does not apply, 10.2 Such complaint may be made to the Carrier whose air waybill
Carrier’s liability limitation for cargo lost, damaged or delayed shall be was used, or to the first Carrier or to the last Carrier or to the
19 SDRs per kilogram unless a greater per kilogram monetary limit is Carrier, which performed the carriage during which the loss,
provided in any applicable Convention or in Carrier’s tariffs or general damage or delay took place.
conditions of carriage. 10.3 Unless a written complaint is made within the time limits
5./5.1 Except when the Carrier has extended credit to the consignee specified in 10.1 no action may be brought against Carrier.
without the written consent of the shipper, the shipper guarantees 10.4 Any rights to damages against Carrier shall be extinguished
payment of all charges for the carriage due in accordance with Carrier’s unless an action is brought within two years from the date of
tariff, conditions of carriage and related regulations, applicable laws arrival at the destination, or from the date on which the aircraft
(including national laws implementing the Warsaw Convention and the ought to have arrived, or from the date on which the carriage
Montreal Convention), government regulations, orders and stopped.
requirements. 11. Shipper shall comply with all applicable laws and government
5.2 When no part of the consignment is delivered, a claim with respect regulations of any country to or from which the cargo may be carried,
to such consignment will be considered even though transportation including those relating to the packing, carriage or delivery of the cargo,
charges thereon are unpaid. and shall furnish such information and attach such documents to the air
6./6.1For cargo accepted for carriage, the Warsaw Convention and the waybill as may be necessary to comply with such laws and regulations.
Montreal Convention permit shipper to increase the limitation of Carrier is not liable to shipper and shipper shall indemnify Carrier for
liability by declaring a higher value for carriage and paying a loss or expense due to shipper’s failure to comply with this provision.
supplemental charge if required. 12. No agent, employee or representative of Carrier has authority to
alter, modify or waive any provisions of this contract.

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