1 | Definitions

(1.1) "Carrier" includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
(1.2) "Special Drawing Right " (SDR) is a Special Drawing Right as defined by the International Monetary Fund.
(1.3) "Warsaw Convention" means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
(1.4) "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2 | Carriage and Rules

(2.1) Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.
(2.2) To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
(2.2.1) Applicable laws and government regulations;
(2.2.2) Provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from any country, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:
(2.2.2.1) Limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;
(2.2.2.2) Claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;
(2.2.2.3) Rights, if any, of the Carrier to change the terms of the contract;
(2.2.2.4) Rules about Carrier’s right to refuse to carry;
(2.2.2.5) Rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3 | Agreed Stopping Places

(3.1) The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4 | Liability Limitation

(4.1) For carriage to which the Montreal Convention does not apply, Carrier's liability limitation for cargo lost, damaged or delayed shall be 22 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier's tariffs or general conditions of carriage.

5 | Restricted Shipments

The following articles shall not be accepted for carriage and shall not be tendered by Shipper:
(5.1) Any Shipment prohibited by law, including, but not limited to, hazardous waste; or
(5.2) Personal effects/ luggage, bonds, coins of any kind, currency, currency equivalents, If Shipper tenders or Carrier unintentionally accepts any such Shipments, Carrier’s liability shall in no event exceed the lesser of the actual value of the Shipment or 22 Special Drawing Rights per kilogram.

6 | Shipper's Guarantee and Payment

(6.1) Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.
(6.2) When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

7 | Limitation of Liability Increase

(7.1) For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
(7.2) In carriage to which neither the Warsaw Convention nor the Montreal Convention applies the Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

8 | Weight Consideration

(8.1) In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
(8.2.1) In the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and
(8.2.2) In the case of loss of, damage or delay to a part of a shipment, the shipment weight shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

9 | Limitation of Liability Applicability

(9.1) Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

10 | Dispatch and Routing

Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

11 | Receipt and Complaints

Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
(11.1) In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
(11.1.1) In the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
(11.1.2) In the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.
(11.1.3) In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
(11.2) Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.
(11.3) Unless a written complaint is made within the time limits specified in 11.1 no action may be brought against Carrier.
(11.4) Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

12 | Complaints with Laws and Regulations

Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.

13 | Provisions not Subject to Modification

No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.

14 | Claims for Overcharges or Duplicative Payments

Claims for overcharges or duplicative payments shall be made in writing and are extinguished unless received by Carrier within one (1) year after the date of acceptance of the shipment by Carrier.

15 | Cargo Inspection and Refusal

Shipper hereby consents to a search or inspection of the cargo, including screening of the cargo, by Carrier, the Transportation Security of that country where the Cargo is shipped, or any other authorized government authorities. Carrier is not obligated to open and inspect the contents of any Shipment. Carrier shall have the right to refuse any article, the transportation of which is prohibited by rule or by applicable law, orders or regulations, or the transportation of which, in Carrier’s judgment, would be unsafe. If such Shipment should be accepted or transported, Carrier reserves the right to remove it and, if necessary, to abandon it. Where circumstances permit, such Shipment shall be stored at Shipper’s expense pending receipt of disposition instructions from Shipper.

16 | Substitution and Deviation

(16.1) Carrier does not reserve the right to reject any Shipment for any reason whatsoever, provided that the situation is not of safety or security concerns. It is agreed that no time is fixed for the completion of carriage hereunder and that Carrier may not, without notice and for any reason,
(16.1.1) Substitute alternate carriers or other means of transportation (including ocean and/or ground transportation) and
(16.1.2) Select the routing or deviate from that shown on the face of the air waybill. Carrier assumes no obligation to forward the goods by any specified carrier, transportation mode, or route or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the transportation mode(s), carrier(s), or route(s), notwithstanding that the same may be stated on the face of the air waybill. Shipper, consignee, and owner, jointly and severally guarantee payment of all charges and advances arising in such instances.
(16.2) If Shipper requests motor carrier service or if Carrier decides that Shipper’s shipment should be transported by motor carriage rather than air for all or part of the transportation, Carrier shall arrange with authorized motor carrier(s) to perform such transportation, which shall be done either as exempt carriage, or, if not exempt, as contract carriage on the same cargo liability limitations and terms as contained in Carrier’s International Conditions of Air Carriage.

17 | Dangerous Goods and Hazardous Materials

(17.1) Shipper warrants and represents that the Shipment does not include any explosive, incendiary or other device, substance or weapon which may endanger life or the safety of any aircraft, vehicle or other transport conveyance used in connection with the transportation of the Shipment. Shipper shall limit all packages containing hazardous materials/dangerous goods to the materials and quantities authorized for air transportation under the current edition of the International Air Transport Association (“IATA”) Dangerous Goods Regulations (together "HM/DG Regulations"). Shipper shall ensure that each Shipment requiring a Shipper’s Declaration of Dangerous Goods under the IATA Dangerous Goods Regulations is accompanied by properly executed Declaration documents in conformity with the requirements of such IATA Regulations. Shipper shall also ensure, and Shipper hereby certifies, that, before tendering any Shipment containing hazardous materials/dangerous goods to Carrier, the contents of this consignment are fully and accurately described on the shipping papers by proper shipping name; are not prohibited for transport by air by the HM/DG Regulations; and are properly classified, packaged, marked, and labeled, and in proper condition for carriage by air as required by the HM/DG Regulations. Shipper hereby declares that all of the applicable air transport requirements have been met. This Paragraph shall apply regardless of the routing or transportation mode by which the Shipment is transported. Carrier reserves the right to reject any Shipment containing any known or suspected dangerous goods.

18 | Live Animal Regulation Clause

(18.1) The Shipper acknowledges and agrees that this shipment contains live animals, and therefore, it is subject to IATA Live Animal Regulation (LAR). The Shipper is responsible for complying with all requirements and conditions outlined in the LAR. The Carrier shall not be held liable for any issues arising from non-compliance with LAR.

19 | Temperature Control Regulation (TCR) Clause

(19.1) The Shipper acknowledges and agrees that this shipment requires temperature control, and therefore, it is subject to IATA Temperature Control Regulation (TCR). The Shipper is responsible for ensuring that the required temperature conditions should be declared for smooth transportation process, as per TCR guidelines. The Carrier shall not be held liable for any deviations from the specified temperature conditions unless directly caused by the Carrier's negligence.

20 | Perishable Cargo Regulation (PCR) Clause

(20.1) The Shipper acknowledges and agrees that this shipment contains perishable cargo, and therefore, it is subject to IATA Perishable Cargo Regulation (PCR). The Shipper is responsible for complying with all requirements and conditions outlined in the PCR. The Carrier shall not be held liable for any deterioration or spoilage of perishable cargo that occurs due to non-compliance with PCR or factors beyond the Carrier's control during transportation.

21 | Charges and Advances

(21.1) Carrier is authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to the goods, and Shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. Carrier shall be under no obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of the goods except against repayment by Shipper.

22 | Carrier's Lien

(22.1) Carrier shall have a lien on any and all documents and Shipments of Shipper under Carrier’s actual or constructive possession or control for monies owed to Carrier with regard to the Shipment on which the lien is claimed, prior Shipment(s) or both. In the event Carrier exercises its lien it shall notify Shipper of the amount of monies due and owing by Shipper. Carrier may refuse to surrender possession of the Shipment(s) until such charges are paid. Carrier shall release its lien upon receipt of payment by Shipper of the total amount due. In the event Shipper does not satisfy Carrier’s lien within fifteen (15) days of Carrier’s exercise of the lien, Carrier shall have the right, but not the obligation, to sell such Shipment(s) at public or private sale or auction without further notice to Shipper.

23 | Mandatory Law Compliance

(23.1) If any provision contained or referred to in Carrier’s Air bill may be contrary to mandatory law, government regulations, orders, or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part hereof.

24 | Indemnification

Shipper and consignee shall defend, indemnify and hold Carrier and its agents, employees, representatives and contractors harmless for any claim, allegation, loss, penalty, fine or any other monetary losses which are a result of:
(24.1) Negligence or other wrongful conduct of Shipper, or its employees, agents, representatives or contractors;
(24.2) Breach of these Conditions of Contract by Shipper, or its employees, agents, representatives or contractors;
(24.3) Any claim for loss, damage or delay to cargo in excess of Carrier’s limit of liability as set forth herein;
(24.4) Carrier’s compliance with Shipper’s instructions; or
(24.5) Any auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by Shipper or consignee and arranged by Carrier as a customer service unless such services are actually performed by Carrier or its agents.