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Saturday, June 1, 2013

Article 3-Acceptability of Goods for Carriage

Cargo Acceptable

3.1.1 CARRIER undertakes to transport, subject to the availability of suitable equipment and space, all SHIPMENTS, unless otherwise excluded by CARRIER’s regulations and provided:

3.1.1.1 the transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from , to or over;

3.1.1.2 they are packed in a manner ready for CARRIAGE as required by the issuing CARRIER and any subsequent CARRIER;

3.1.1.3 they are accompanied by the requisite shipping documents;

3.1.1.4 they are not likely to endanger aircraft or any other means of transportation, persons or property, or cause annoyance to passengers.

3.1.2 To the extent permitted by law the CARRIER reserves the right without assuming any liability to refuse CARRIAGE of CARGO when circumstances so require.

3.2 Valuation Limit of Shipment

Acceptance of shipments having a declared value for Carriage in excess of US$100,000.00 shall be confirmed by Cargo Quality Assurance Department (TPEFQCI) first.

3.3 Packing And Marking of Cargo

3.3.1 SHIPPER is responsible for ensuring that the CARGO is packed in an appropriate way for CARRIAGE so as to ensure that it can be carried safely with ordinary care in handing and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked so as to identify the SHIPPER and CONSIGNEE.

3.3.2 The CARRIER reserves the right to refuse the transportation of cargo that is not suitably packed and/ or marked.

3.4 Special Cargo 

Special CARGO, including but not limited to valuables, dangerous goods, live animals, perishables, fragile goods, and human remains, is acceptable only under the conditions set forth in CARRIER’s regulations applicable to the CARRIAGE of such CARGO.

3.5 Responsibility for Non-Observance of Conditions Relating to Cargo

Responsibility for non-observance of the conditions relating to the CARRIAGE of CARGO rests upon the SHIPPER who shall indemnify CARRIER for any loss, damage, delay liability or penalties CARRIER may incur because of CARRIAGE of any such CARGO.

3.6 Carrier’s Right of Inspection

CARRIER reserves the right to examine to packaging and contents of all SHIPMENTS and enquire into the correctness or sufficiency of information or documents tendered in respect of any SHIPMENT but CARRIER shall be under no obligation to do so.

3.7 Unit Load Devices

When SHIPPER undertakes to load a unit load device (ULD) he must comply with CARRIER’s loading instructions and shall be liable for and indemnify CARRIER against all consequences of any non-compliance with such instructions.




Article 4-Documentation

4.1 Air Waybill

The SHIPPER shall make out or have made out on his behalf, an AIR WAYBILL in the form, manner and number of copies prescribed by CARRIER, and shall deliver such AIR WAYBILL to CARRIER simultaneously with the acceptance of the CARGO by CARRIER for CARRIAGE. However, charges for CARRIAGE and other cargoes, insofar as they have been ascertained, shall be inserted in the AIR WAYBILL by CARRIER. CARRIER may require the SHIPPER to make out, or have made out on his behalf, separate AIR WAYBILLs when there is more than one package.

4.2 SHIPMENT RECORD
Carrier, with the express or implied consent of the shipper ,may substitute for the delivery of an air waybill a shipment record to preserve a record of the carriage to be performed. If such shipment record is used carrier shall, if so requested by the shipper ,deliver to the shipper in accordance with carrier’s regulations a Receipt for the Cargo permitting identification of the shipment and access, in accordance with carrier’s regulations, to the information contained in the shipment record.
CARRIER, with the express or implied consent of the SHIPPER, if required by the APPLICABLE CONVENTION , may substitute for the delivery of an AIR WAYBILL a SHIPMENT RECORD to preserve a record of the CARRIAGE , to be performed. If such SHIPMENT RECORD is used CARRIER shall, if so requested by the SHIPPER, deliver to the SHIPPER in accordance with CARRIER’s regulations a receipt for the CARGO permitting identification of the SHIPMENT and access, in accordance with CARRIER’s regulations, to the information contained in the SHIPMENT RECORD.

4.3 Apparent Condition/Packing of the Cargo

If the apparent order and condition of the CARGO and/ or packing is in any way defective the SHIPPER shall, if an AIR WAYBILL is delivered, include on the AIR WAYBILL a statement of such apparent order and condition. If no AIR WAYBILL is delivered the SHIPPER shall advise CARRIER of the apparent order and condition of the CARGO, to enable CARRIER to insert an appropriate reference thereto in the SHIPMENT RECORD. However, if the SHIPPER fails to include such statement in the AIR WAYBILL or to advise CARRIER of the apparent order and condition of the CARGO, or if such statement or advice is incorrect, CARRIER may include in the AIR WAYBILL or insert in the SHIPMENT RECORD a statement of the apparent order and condition of the CARGO, or note a correction thereto.

4.4 Preparation, Completion or Correction by CARRIER

CARRIER may at the request of the SHIPPER expressed or implied, make out the AIR WAYBILL in which event, subject to proof to the contrary, CARRIER shall be deemed to have done so on behalf of the SHIPPER. If the AIR WAYBILL handed over with the CARGO, or if the particulars and statements relating to the CARGO furnished by or on behalf of the SHIPPER to CARRIER for insertion in the SHIPMENT RECORD do not contain all the required particulars, or if the AIR WAYBILL or such particulars or statements contain any error, CARRIER is authorized to complete or correct the AIR WAYBILL or particulars or statements to the best of CARRIER’s ability without being under any obligation to do so.

4.5 Responsibility for Particulars

The SHIPPER is responsible for the correctness of the particulars and statements relating to the CARGO inserted by him or on his behalf in the AIR WAYBILL or furnished by him or on his behalf to CARRIER for insertion in the SHIPMENT RECORD. Where such information is provided by means of Electronic Data Interchange (EDI), it is the responsibility of the SHIPPER or the SHIPPER’s agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications. The SHIPPER shall indemnify CARRIER against all damage suffered by him, or by any other person to whom CARRIER is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the SHIPPER or on his behalf.

4.6 Alterations

AIR WAYBILLs, the writing on which has been altered or erased, need not be accepted by CARRIER.


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