NOTICE CONCERNING CARRIER’S 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 to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordancewith those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
CONDITIONS OF CONTRACT
1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and allcarriers that carry or undertake to carry the cargo or perform anyother services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as
defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the following
instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating toInternational 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.
MONTREAL CONVENTION means the Convention for theUnification of Certain Rules for International Carriage by Air, doneat Montreal on 28 May 1999.
2. 2.1 Carriage is subject to the rules relating to liability establishedby the Warsaw Convention or the Montreal Convention unlesssuch carriage is not “international carriage” as defined by theapplicable Conventions.
2.2 To the extent not in conflict with the foregoing, carriage andother 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, andtimetables (but not the times of departure and arrivalstated therein) and applicable tariffs of such Carrier,which are made part hereof, and which may beinspected at any airports or other cargo sales offices
from which it operates regular services. When carriage isto/from the USA, the shipper and the consignee areentitled, upon request, to receive a free copy of theCarrier’s conditions of carriage. The Carrier’s conditionsof carriage include, but are not limited to:
2.2.2.1limits on the Carrier’s liability for loss, damage ordelay of goods, including fragile or perishablegoods;
2.2.2.2
claims restrictions, including time periods within
which shippers or consignees must file a claim orbring an action against the Carrier for its acts oromissions, or those of its agents;
2.2.2.3
rights, if any, of the Carrier to change the termsof 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, includingschedule changes, substitution of alternate Carrieror aircraft and rerouting.
3. The agreed stopping places (which may be altered by Carrier incase of necessity) are those places, except the place of departureand 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. 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. 5.1 Except when the Carrier has extended credit to theconsignee without the written consent of the shipper, theshipper guarantees payment of all charges for the carriage
due in accordance with Carrier’s tariff, conditions of carriage
and related regulations, applicable laws (including nationallaws implementing the Warsaw Convention and the MontrealConvention), government regulations, orders and requirements.
5.2 When no part of the consignment is delivered, a claim withrespect to such consignment will be considered even thoughtransportation charges thereon are unpaid.
6. 6.1 For cargo accepted for carriage, the Warsaw Convention andthe Montreal Convention permit shipper to increase thelimitation of liability by declaring a higher value for carriage
and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor theMontreal Convention applies Carrier shall, in accordance withthe procedures set forth in its general conditions of carriage
and applicable tariffs, permit shipper to increase thelimitation of liability by declaring a higher value for carriage
and paying a supplemental charge if so required.
7. 7.1 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 orpackages concerned.
7.2 Notwithstanding any other provisions, for “foreign airtransportation” as defined by the U.S. Transportation Code:7.2.1
in the case of loss of, damage or delay to a shipment,
the weight to be used in determining Carrier’s limit ofliability shall be the weight which is used to determine
the charge for carriage of such shipment; and7.2.2
in the case of loss of, damage or delay to a part of ashipment, the shipment weight in 7.2.1 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 theentire package.
8.

Any exclusion or limitation of liability applicable to Carrier shallapply to Carrier’s agents, employees, and representatives and toany person whose aircraft or equipment is used by Carrier for
carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonabledispatch. Where permitted by applicable laws, tariffs andgovernment 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 shownon the face hereof.
10. Receipt by the person entitled to delivery of the cargo withoutcomplaint shall be prima facie evidence that the cargo has beendelivered in good condition and in accordance with the contract ofcarriage.
10.1 In the case of loss of, damage or delay to cargo a written
complaint must be made to Carrier by the person entitled todelivery. Such complaint must be made:1 0 . 1 . 1 in the case of damage to the cargo, immediately after
discovery of the damage and at the latest within 14 daysfrom the date of receipt of the cargo;
1 0 . 1 . 2 in the case of delay, within 21 days from the date on
which the cargo was placed at the disposal of theperson entitled to delivery.
1 0 . 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 thedate of receipt of the cargo for transportation by theCarrier.
10.2 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 theCarrier, which performed the carriage during which the loss,
damage or delay took place.
10.3 Unless a written complaint is made within the time limits
specified in 10.1 no action may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be extinguishedunless an action is brought within two years from the dateof arrival at the destination, or from the date on which theaircraft ought to have arrived, or from the date on which thecarriage stopped.
11. Shipper shall comply with all applicable laws and government
regulations of any country to or from which the cargo may becarried, including those relating to the packing, carriage ordelivery of the cargo, and shall furnish such information andattach such documents to the air waybill as may be necessary tocomply with such laws and regulations. Carrier is not liable toshipper and shipper shall indemnify Carrier for loss or expense
due to shipper’s failure to comply with this provision.
12. No agent, employee or representative of Carrier has authority toalter, modify or waive any provisions of this contract.