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As used in
this contract, "Air Waybill" is equivalent to "Air Consignment Note";
"Carriage" is equivalent to "Transportation"; "Carrier" includes the
carrier issuing this Air Waybill and all carriers that carry or
undertake to carry the goods hereunder or perform any other services as
part of incidental to such carriage. Carriage to be performed hereunder
by several successive carriers is regarded as a single operation.
"French Gold France" means France consisting of 65.5 milligrams of gold
with a fineness of nine hundred thousandths. "Shipper" is equivalent to
"Consignor", "The Convention" means the convention for the Unification
of Certain Rules relating to international carriage by air signed at
Warsaw on October 12th, 1929 or that convention as amended at the Hague
on September 28th, 1955, whichever may be applicable.
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(A) The
shipper warrants that he is either the owner of the goods or the
authorized agent of the owner of the goods described on the face here
of and further warrants that he is authorized to accept and is
accepting these conditions not only for himself but also as agent for
and on behalf of the owner of the goods and all other persons who are
or may hereafter become interested in the goods.
(B) The shipper further warrants that the carrier is authorized to make
out this Air Waybill and to sign it on his behalf.
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(A) Carriage
hereunder is subject to the rules relating to liability established by
the convention unless such carriage is not "International Carriage" as
defined by the convention.
(B) To the extent not in conflict with the foregoing carriage hereunder
and other services performed by each carrier are subject to:
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Applicable
laws (including national laws implementing the convention). Government
regulations orders and requirements.
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Provisions
herein set forth and
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Applicable
tariffs, rules, conditions of carriage regulations and timetables (but
not the times of departure and arrival therein) of such carrier which
are made part hereof and which may be inspected at any of its offices
and at airports from which it operates regular services. In
transportation between a place in the United States or Canada and any
place outside thereof the applicable tariffs are the tariffs in force
in those countries.
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The agreed
stopping places (which may be altered by the carrier in case of
necessity) are those places (excepted the place of departure and the
place of destination) set forth on the face hereof of shown in the
carrier's timetables are scheduled stopping places for the route.
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If the sum
entered on the face of the Air Waybill as "DECLARED VALUE FOR CARRIAGE"
represents an amount in excess of the applicable limits of liability
referred to in the above notice and in these conditions and if the
shipper has paid any supplementary charge that may be required by the
carrier's tariffs conditions of carriage or regulations, this shall
constitute a special declaration of value or interest in delivery at
destination and in this case, the carrier's limit of liability shall be
the sum so declared. Payment of claims shall be subject to proof of
actual damages suffered.
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Except as the
convention or other applicable laws may otherwise require, the carrier
is not liable for any loss, damage or delay, directly or indirectly
arising out of compliance with laws, government regulations, orders or
requirements or from any cause beyond the carrier's control.
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In case of
loss, damage, or delay of part of the consignment, the weight to be
taken into account in determining the carrier's limits of liability
shall be only the weight of the package or packages concerned.
Note:
Notwithstanding any other provision for foreign air transportation as
defined in the U.S. Federal Aviation Act, as amended, in case of loss
or damage or delay of a shipment or part thereof, the weight to be used
in determining the carrier's limit of liability shall be the weight
which is used (or a pro rata share in the case of a part shipment loss,
damage or delay) to determine the transportation charge for such
shipment.
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Any exclusion
or limitation of liability applicable to carrier shall apply to and be
for the benefit of the carrier's agents, servants and representatives
and any person whose aircraft is used by carriage for carriage and its
agents, servants and representatives. For purposes of this provision
carrier acts herein as an agent for all such persons.
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(A) Whilst the
carrier agrees to use its best endeavor to complete the carriage
hereunder with reasonable dispatch, no time for completion is fixed and
the carrier reserves the right to substitute alternative carriers or
aircraft, and with due regards to the interest of the shipper, other
means of transportation, without notice. The carrier is further
authorized to select the routing and to change or deviate from the
routing shown on the face hereof. This subparagraph is not applicable
to/from the U.S.A.
(B) Whilst the carrier agrees to use its best endeavors to complete the
carriage hereunder with reasonable dispatch, no time for completion is
fixed and except within the USA where the carrier tariffs will apply,
the carrier reserves the right to substitute alternative carriers or
aircraft, and with due regards to the interest of the shipper, other
means of transportation, without notice. The carrier is further
authorized to select the routing or to change or deviate from the
routing shown on the face hereof. This subparagraph is applicable only
to/from the U.S.A.
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The goods or
packages said to contain the goods described on the face hereof are
accepted for carriage from their receipt at the carrier's terminal or
airport premises at the place of departure to the airport at the place
of destination. If so specifically agreed, the goods or packages said
to contain the goods described on the face hereof are also accepted for
forwarding to the airport of departure and for reforwarding beyond the
airport of destination. If such forwarding or reforwarding is by
carriage operated or arranged by the carrier issuing this Air Waybill
such carriage shall be upon the same terms of liability as are herein
contained. In any other event, the carrier issuing this Air Waybill and
the last carrier respectively, in forwarding or reforwarding the goods,
shall do so only as agents of the shipper, owner, and consignee hereby
authorize such carrier to do all things deemed advisable to effect,
such forwarding or reforwarding including, but without limitation
selection of the means of forwarding or reforwarding and the routes
thereof (unless these have been herein specified by the shipper)
execution and acceptance of documents of carriage (which may include
provisions exempting or limiting liability) and consigning of goods
with no declaration of value notwithstanding any declaration value in
this air waybill.
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The carrier is
authorized (but shall be under no obligation) to advance any duties,
taxes or charges and to make any disbursements with respect to the
goods, and the shipper, owner and consignee shall be jointly and
severally liable for the reimbursement thereof. No carrier shall be
under obligation to incur any expense or to make any advance in
connection with the forwarding or reforwarding of goods, except against
repayment by the shipper.
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(A) When goods
are accepted or dealt with upon instructions to collect freight duties
charges or other expenses from the consignee or any other person, the
shipper shall remain responsible for the same if they are not paid by
such consignee or other person immediately when due.
(B) When no part of the consignment is delivered, a claim with respect
to such consignment will be entertained even though transportation
charges thereon are unpaid.
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(A) Notice of
arrival of the goods will be given promptly to the consignee or to the
person indicated on the face hereof as the person to be notified. The
carrier is not liable for non-receipt or delay in receipt of such
notice.
(B) Upon the arrival the goods at the destination subject to the
acceptance of other instructions from the consignor 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 on payment of all
charges due. If the consignee declines to accept the goods or cannot be
communicated with, disposition will be in accordance with instructions
of the consignor and subject to payment of all charges.
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(A) The person
entitled to delivery must make a complaint in writing to the carrier
issuing this Air Waybill
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In the
case of visible damage to the goods, immediately after discovery of the
damage, and at the latest within 10 days from receipt of goods.
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In the
case of other damage to the goods within 10 days from the receipt of
the goods.
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In the
case of delay within 17 days of the date the goods are placed at this
disposal.
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In the
case of loss (including non-delivery) of the goods within 115 days from
the date of issue of the Air Waybill.
(B) For the
purpose of subparagraph (A) above, complaints in writing shall be made
to the address of the carrier issuing this Air Waybill as shown on the
face hereof or to an office or agent of such Carrier at the point of
origin or destination.
(C) Any rights to damages against the carrier shall be extinguished
unless an action is brought within two years from the date of arrival
at the destination or from the date on which the goods out to have
arrived or from the date on which the transportation stopped.
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The shipper
shall comply with all applicable laws and government regulations of any
country to, from, through or over which the goods may be carried,
including those relating to the packing carriage or delivery of the
goods and shall furnish such information and attach such documents to
this Air Waybill as may be necessary to comply with such laws and
regulations. Carrier is not liable to the shipper or any other person
for loss or expense due to the shipper's failure to comply with this
provision.
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No agent,
servant or representative of the carrier has the authority to alter,
modify or waive any provisions of this contract.
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On request and
if the appropriate premium is paid, and the fact recorded on the face
hereof the goods covered by this Air Waybill are insured whilst in the
ordinary course of transit under an open policy for the amount
requested as set out on the fact hereof (recovery being limited to the
actual value of goods lost or damaged provided that such amount does
not exceed the insured value). The insurance is subject to the terms,
conditions and cover (from which certain risks are excluded) of the
open policy which are available for inspection at an office of the
Carrier issuing this Air Waybill and which are specified on the
Certificate of Insurance issued by the Carrier. For cargo held or to be
held in Carrier's or Customs Terminal cover may be extended upon prior
request to apply before commencement of transit and/or beyond duration
of transit subject to payment of an appropriate additional premium.
Claims under any insurance effected under this paragraph must be
reported immediately to the address of the carrier issuing this Air
Waybill as shown on the face hereof or to an office or agent of such
Carrier at the point of origin or destination or to the Insurer.
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Insofar as any
provision contained or referred to in this Air Waybill may be contrary
to mandatory law government regulations orders or requirements such
provision shall remain applicable to the extent that it is not
overridden thereby. The invalidity of any provision shall not affect
any other part hereof.
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