Conditions of Carriage

Article 1-Definitions

1.1. “AGENT”. Except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of CARRIER in relation to the CARRIAGE of CARGO.

1.2. “AIR WAYBILL”. Any document made out by or on behalf of the SHIPPER, which evidences the contract between the SHIPPER and CARRIER of cargo.

1.3. “APPLICABLE CONVENTION”. Unless the context requires otherwise, whichever of the following instruments is applicable to the CARRIAGE:

1.3.1. the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; (hereinafter referred to as the Warsaw Convention):

1.3.2. the Warsaw Convention as amended at The Hague on 28 September 1955;

1.3.3. the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;

1.3.4. the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;

1.3.5. the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975.

1.3.6. the Montreal Convention of 1999.

1.4. “CARGO” (which is equivalent to the term “GOODS”). Anything carried or to be carried in an aircraft or by any other means of transportation except mail, or baggage carried under a passenger ticket and baggage check, and includes any item moving under an AIR WAYBILL or SHIPMENT Record.

1.5. “CARRIAGE” (which is equivalent to the term “transportation”). CARRIAGE of CARGO by air or by any other means of transportation, whether gratuitously or for reward.

1.6. “CARRIAGE”. Includes the air carrier designated in the AIR WAYBILL or the SHIPMENT RECORD and all carriers that carry or undertake to carry the CARGO or to perform any other services related to such CARRIAGE.

1.7. “CHARGES COLLECT”. The charges entered on the AIR WAYBILL or SHIPMENT RECORD for collection from the CONSIGNEE against delivery of the SHIPMENT.

1.8. “CONSIGNEE”. The person whose name appears on the AIR WAYBILL or SHIPMENT RECORD, as the party to whom the SHIPMENT is to be delivered by CARRIER.

1.9. “DAYS”. Full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is despatched shall not be counted.

1.10. “DELIVERY SERVICE”. The surface CARRIAGE of inbound SHIPMENTS from the airport of destination to the address of the CONSIGNEE or that of his designated agent or to the custody of the appropriate government agency when required.

1.11. “PICK-UP SERVICE”. The surface CARRIAGE of outbound SHIPMENTS from the point of pickup at the address of the SHIPPER or that of his designated agent to the airport of departure.

1.12. “SHIPMENT” (which is equivalent to the term “consignment”). Except as otherwise provided herein, one or more packages or pieces of CARGO accepted by CARRIER from one SHIPPER at one address, receipted for in one lot and under a single AIR WAYBILL, for CARRIAGE to one CONSIGNEE at one destination address.

1.13. “SHIPMENT RECORD”. Any record of CARRIAGE preserved by CARRIER, evidenced by means other than an AIR WAYBILL.

1.14. “SHIPPER” (which is equivalent to the term “consignor”). The person whose name appears on the AIR WAYBILL or SHIPMENT RECORD, as the party contracting with CARRIER for the CARRIAGE of CARGO.

1.15. “SPECIAL DRAWING RIGHT”. A Special Drawing Right as defined by the International Monetary Fund.

Article 2-Applicability

2.1 General

These conditions shall apply to all CARRIAGE of CARGO, including all services incidental thereto, performed by or on behalf of CARRIER; provided however that if such CARRIAGE is “International Carriage” as defined in the APPLICABLE CONVENTION (see 8.2.1.3) such CARRIAGE shall be subject to the provisions of the APPLICABLE CONVENTION and to these conditions to the extent that these conditions are not inconsistent with the provisions of such APPLICABLE CONVENTION.

2.2 Applicable Laws And Carrier’s Tariffs

To the extent not in conflict with CHM Section 8.2.2.1 all CARRIAGE and other services performed by CARRIER are subject to:

2.2.1. Applicable laws (including national laws implementing a Convention or extending the rules of the APPLICABLE CONVENTION to CARRIAGE which is not “International CARRIAGE” as defined in the APPLICABLE CONVENTION) government regulations, orders and requirements;

2.2.2. These conditions and other applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified ) of CARRIER which may be inspected at any of its offices and at airports from which it operates regular services.

2.3 Application To United States And Canada

These conditions do not apply to CARRIAGE between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such CARRIAGE are available for inspection at offices of CARRIER.

2.4 Gratuitous Carriage

To the extent permitted by law with respect to gratuitous CARRIAGE, CARRIER reserves the right to exclude the application of all or any part of these conditions.

2.5 Charters

With respect to CARRIAGE of CARGO performed pursuant to a charter agreement with CARRIER, such CARRIAGE shall be subject to CARRIER’s charter tariffs applicable thereto ( if any) and these conditions shall not apply except to the extent provided in said charter tariff. Where CARRIER has no charter tariff applicable to such charter agreement these conditions shall apply to such agreement except the CARRIER reserves the right to exclude the application of all or any part of these conditions and, in case of divergence between the applicable provisions of these conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the SHIPPER, by accepting CARRIAGE pursuant to a charter agreement, whether or not concluded with the SHIPPER, agrees to be bound by the applicable terms thereof.

2.6 Change Without Notice

These conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of CARRIAGE after the date of conclusion of the contract of CARRIAGE or after the date the rate or charge for the CARRIAGE has been entered in the SHIPMENT RECORD.

2.7 Effective Rules

ALL CARRIAGE of CARGO governed by these conditions shall be subject to CARRIER’s rules, regulations and tariffs in effect on the date of the conclusion of the contract of CARRIAGE, provided that in the event of inconsistency between these conditions and CARRIER’s rules, regulations and tariffs, these conditions shall prevail.