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II. CONDITIONS OF CONTRACT ON REVERSE SIDE OF THE AIR WAYBILLNOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than thecountry 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 tocargo. Carrier's limitation of liability in accordance with those Conventions shall beas 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 all carriers that carry or
undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by theInternational Monetary Fund.
WARSAW CONVENTION means whichever of the following instruments is applicableto 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.
MONTREAL CONVENTION means the Convention for the Unification of Certain Rules
for International Carriage by Air, done at Montreal on 28 May 1999.
2./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 “internationalcarriage” 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 andrelated 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 the USA, the shipper and theconsignee 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 notlimited 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 oromissions, 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 andrerouting.
3. 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 forthon the face hereof or shown in Carrier's timetables as scheduled stopping places forthe route. Carriage to be performed hereunder by several successive Carriers isregarded 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 unlessa greater per kilogram monetary limit is provided in any applicable Convention orin Carrier's tariffs or general conditions of carriage.
5./5.1 Except when the Carrier has extended credit to the consignee without thewritten consent of the shipper, the shipper guarantees payment of all charges forthe carriage due in accordance with Carrier's tariff, conditions of carriage and related
regulations, applicable laws (including national laws implementing the WarsawConvention and the Montreal Convention), government regulations, orders andrequirements.
5.2 When no part of the consignment is delivered, a claim with respect to suchconsignment will be considered even though transportation charges thereon are
unpaid.
6./6.1 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.
6.2 In carriage to which neither the Warsaw Convention nor the Montreal
Convention applies 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.
7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to betaken into account in determining Carrier's limit of liability shall be only the weightof the package or packages concerned.
7.2 Notwithstanding any other provisions, for “foreign air transportation” as definedby the U.S. Transportation Code:7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be usedin determining Carrier's limit of liability shall be the weight which is used todetermine the charge for carriage of such shipment; and7.2.2 in the case of loss of, damage or delay to a part of a shipment, 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 ordelay. 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.
8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier'sagents, employees, and representatives and to any person whose aircraft orequipment is used by Carrier for carriage and such person's agents, employees andrepresentatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Wherepermitted 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 selectthe routing and all intermediate stopping places that it deems appropriate or tochange or deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to delivery of the cargo without complaint shallbe prima facie evidence that the cargo has been delivered in good condition and inaccordance with the contract of carriage.
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 to delivery. Such complaint must be made:10.1.1 in the case of damage to the cargo, immediately after discovery of thedamage and at the latest within 14 days from the date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days from the date on which the cargo wasplaced at the disposal of the person entitled to delivery;
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date ofissue 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.
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 the Carrier, 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 noaction may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be extinguished unless an actionis brought within two years from the date of arrival at the destination, or from thedate on which the aircraft 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 be carried, including those relating to thepacking, carriage or delivery of the cargo, and shall furnish such information andattach such documents to the air waybill as may be necessary to comply with suchlaws 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.
12. No agent, employee or representative of Carrier has authority to alter, modify
or waive any provisions of this contract.