Shipper’s Right of Disposition

7.1 Exercise of Right of Disposition

Every exercise of the right of disposition must be made by the SHIPPER or his designated AGENT, if any, and must be applicable to the whole SHIPMENT under a single AIR WAYBILL or under a single SHIPMENT record. The right of disposition over the CARGO may only be exercised if the SHIPPER or such AGENT produces the part of the AIR WAYBILL which was delivered to him, or communicates such other form of authority as may be prescribed by CARRIER’s regulations. Instructions as to disposition must be given in writing in the form prescribed by CARRIER. In the event that the exercise of the right of disposition results in a change of CONSIGNEE, such new CONSIGNEE shall be deemed to be the CONSIGNEE appearing on the AIR WAYBILL or in the SHIPMENT record.

7.2 Shipper’s Option

7.2.1 To the extent permitted by law and APPLICABLE CONVENTION, and subject to his liability to carry out all his obligations under the contract of CARRIAGE and provided that this right of disposition is not exercised in such way as to prejudice CARRIER or other SHIPPERS, or the CONSIGNEE’s right to delivery , the SHIPPER may at his own expense dispose of the CARGO either:

7.2.1.1. by withdrawing it at the airport of departure; or

7.2.1.2. by stopping it in the course of the journey on any landing; or

7.2.1.3. by calling for it in course of the journey to be delivered at the place of destination to a person other than the CONSIGNEE named in the AIR WAYBILL or SHIPMENT RECORD; or

7.2.1.4. by requiring it to be returned to the airport of departure;

7.2.2 Provided that if, in the opinion of CARRIER, it is not reasonably practicable to carry out the order of the SHIPPER, CARRIER shall so inform him promptly and CARRIER shall thenceforth be under no obligation to carry out any such order.

7.3 Payment of Expenses

The SHIPPER shall be liable for and shall indemnify CARRIER for all loss or damage suffered or incurred by CARRIER as a result of the exercise of his right of disposition. The SHIPPER shall reimburse CARRIER for any expenses occasioned by the exercise of his right of disposition.

7.4 Extent of Shipper’s Right 

Provided that no regulations to the contrary are applicable, the SHIPPER’s right of disposition shall cease at the moment when, after arrival of the CARGO at the destination, the CONSIGNEE takes possession or requests delivery of the CARGO or AIR WAYBILL, or otherwise shows his acceptance of the CARGO. Nevertheless, if the CONSIGNEE declines to accept the AIR WAHBILL or the CARGO, or if he cannot be communicated with, such right of disposition shall continue to vest in the SHIPPER.

Article 8-Delivery

8.1 Notice of Arrival

Notice of arrival of goods will be given promptly to the consignee or to the person indicated on Master Air Waybill as the person to be notified. On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the shipper prior to arrival of the goods at the place of destination, delivery will be made to, or in accordance with the instructions of the consignee. If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instructions of the shipper. If the shipper cannot be communicated with, or the shipper fail to give instructions to the Carrier immediately, Carrier will dispose the shipment at Carrier’s own decision and Carrier shall not be liable for any damages, losses or expense incurred in such disposition. Shipper or consignee shall jointly and severally indemnify and hold the Carrier harmless for any claims, suits, damages, losses or expenses, including legal costs and attorney’s fees, suffered by the Carrier in such disposition regardless of such disposition having been instructed by shipper, consignee or the Carrier’s itself.

8.2 Delivery of Shipment

Except as otherwise specifically provided in the AIR WAYBILL or SHIPMENT RECORD , delivery of the SHIPMENT will be made only to the CONSIGNEE named therein, or his agent. Delivery to the CONSIGNEE shall be deemed to have been effected:

8.2.1 When CARRIER has delivered to the CONSIGNEE or his agent any authorization from CARRIER required to enable the CONSIGNEE to obtain release of the SHIPMENT; and

8.2.2 When the SHIPMENT has been delivered to customs or other government authorities as required by applicable law or customs regulation.

8.3 Place of Delivery

The CONSIGNEE must accept delivery of and collect the SHIPMENT at the airport of destination or the respective facility as designated by the CARRIER.

8.4 Failure of Consignee to Take Delivery

8.4.1 Subject to the provisions of CHM 8.2.8.5 hereof, if the CONSIGNEE refuses or fails to take delivery of the SHIPMENT after its arrival at the airport of destination, CARRIER will endeavor to comply with any instructions of the SHIPPER set forth on the face of the AIR WAYBILL, or in the SHIPMENT record. If such instructions are not so set forth or cannot reasonably be complied with, CARRIER shall notify the SHIPPER of the CONSIGNEE’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) DAYS, CARRIER may sell the SHIPMENT in one or more lots at public or private sale, or destroy or abandon such SHIPMENT.8.2.8.4 Failure of Consignee to Take Delivery (cont’d)

8.4.2 The SHIPPER is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the SHIPMENT, including, but not limited to, storage charges and CARRIAGE charges incurred in returning the SHIPMENT if so required by the SHIPPER’s instructions. If the SHIPMENT is returned to the airport of departure and the SHIPPER refuses or neglects to make such payments within fifteen (15) DAYS after such return, CARRIER may dispose of the SHIPMENT or any part thereof at public or private sale after giving the SHIPPER ten (10) DAYS notice of its intention to do so.

8.5 Disposal of Perishables

8.5.1 When a SHIPMENT containing perishable articles as defined in CARRIER’s regulations is delayed in the possession of CARRIER, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, CARRIER may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the SHIPMENT, the sending of communications for instructions at the cost of the SHIPPER, the storage of the SHIPMENT or any part thereof at the risk and cost of the SHIPPER, or the disposition of the SHIPMENT or any part thereof at public or private sale without notice.

8.5.2 In the event of the sale of the SHIPMENT as provided for above, either at the place of destination or at the place to which the SHIPMENT has been returned, CARRIER is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of CARRIER and other transportation services plus costs of sale, holding any surplus subject to the order of the SHIPPER. A sale of any SHIPMENT shall, however, not discharge the SHIPPER and/or owner of any liability hereunder to pay any deficiencies.

8.6 Responsibility for Charges

By accepting delivery of the SHIPMENT the CONSIGNEE shall become liable for payment of all costs and charges in connection with the CARRIAGE. Unless otherwise agreed the SHIPPER shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the CONSIGNEE. CARRIER may make delivery of the SHIPMENT or the AIR WAYBILL conditional upon payment of these costs and charges.