NOTICE CONCERNING CARRIERS' LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stop in a country other than the country 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 to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as 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 6.2 In carriage to which neither the Warsaw Convention nor the Montreal
carry or undertake to carry the cargo or perform any other services related to Convention applies Carrier shall, in accordance with the procedures set
such carriage. forth in its general conditions of carriage and applicable tariffs, permit
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by shipper to increase the limitation of liability by declaring a higher value
the International Monetary Fund. for carriage and paying a supplemental charge if so required.
WARSAW CONVENTION means whichever of the following instruments is 7. 7.1 In cases of loss of, damage or delay to part of the cargo, the weight to
applicable to the contract of carriage: be taken into account in determining Carrier’s limit of liability shall be
the Convention for the Unification of Certain Rules Relating to International only the weight of the package or packages concerned.
Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as 7.2 Notwithstanding any other provisions, for "foreign air transportation" as
amended at The Hague on 28 September 1955; that Convention as defined by the U.S. Transportation Code:
amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) 7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be
as the case may be. used in determining Carrier’s limit of liability shall be the weight which
MONTREAL CONVENTION means the Convention for the Unification of is used to determine the charge for carriage of such shipment; and
Certain Rules for International Carriage by Air, done at Montreal on 28 May 7.2.2 in the case of loss of, damage or delay to a part of a shipment, the
1999. shipment weight in 7.2.1 shall be prorated to the packages covered by
2. 2.1 Carriage is subject to the rules relating to liability established by the the same air waybill whose value is affected by the loss, damage or
Warsaw Convention or the Montreal Convention unless such carriage is delay. The weight applicable in the case of loss or damage to one or
not "international carriage" as defined by the applicable Conventions. 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
2.2 To the extent not in conflict with the foregoing, carriage and other related
Carrier’s agents, employees, and representatives and to any person whose
services performed by each Carrier are subject to:
aircraft or equipment is used by Carrier for carriage and such person’s
2.2.1 applicable laws and government regulations; agents, employees and representatives.
2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage 9. Carrier undertakes to complete the carriage with reasonable dispatch. Where
and related rules, regulations, and timetables (but not the times of permitted by applicable laws, tariffs and government regulations, Carrier may
departure and arrival stated therein) and applicable tariffs of such use alternative carriers, aircraft or modes of transport without notice but with
Carrier, which are made part hereof, and which may be inspected at due regard to the interests of the shipper. Carrier is authorized by the shipper
any airports or other cargo sales offices from which it operates regular to select the routing and all intermediate stopping places that it deems
services. When carriage is to/from the USA, the shipper and the appropriate or to change or deviate from the routing shown on the face
consignee are entitled, upon request, to receive a free copy of the hereof.
Carrier’s conditions of carriage. The Carrier’s conditions of carriage
10. Receipt by the person entitled to delivery of the cargo without complaint shall
include, but are not limited to:
be prima facie evidence that the cargo has been delivered in good condition
2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, and in accordance with the contract of carriage.
including fragile or perishable goods;
10.1 In the case of loss of, damage or delay to cargo a written complaint must
2.2.2.2 claims restrictions, including time periods within which shippers or be made to Carrier by the person entitled to delivery. Such complaint
consignees must file a claim or bring an action against the Carrier must be made:
for its acts or omissions, or those of its agents;
10.1.1 in the case of damage to the cargo, immediately after discovery of the
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; damage and at the latest within 14 days from the date of receipt of the
2.2.2.4 rules about Carrier’s right to refuse to carry; cargo;
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to 10.1.2 in the case of delay, within 21 days from the date on which the cargo
perform service, including schedule changes, substitution of was placed at the disposal of the person entitled to delivery;
alternate Carrier or aircraft and rerouting. 10.1.3 in the case of non-delivery of the cargo, within 120 days from the date
3. The agreed stopping places (which may be altered by Carrier in case of of issue of the air waybill, or if an air waybill has not been issued,
necessity) are those places, except the place of departure and place of within 120 days from the date of receipt of the cargo for transportation
destination, set forth on the face hereof or shown in Carrier’s timetables as by the Carrier.
scheduled stopping places for the route. Carriage to be performed hereunder 10.2 Such complaint may be made to the Carrier whose air waybill was used,
by several successive Carriers is regarded as a single operation. or to the first Carrier or to the last Carrier or to the Carrier, which
4. For carriage to which the Montreal Convention does not apply, Carrier’s performed the carriage during which the loss, damage or delay took
liability limitation for cargo lost, damaged or delayed shall be 22 SDRs per place.
kilogram unless a greater per kilogram monetary limit is provided in any 10.3 Unless a written complaint is made within the time limits specified in
applicable Convention or in Carrier’s tariffs or general conditions of carriage. 10.1 no action may be brought against Carrier.
5. 5.1 Except when the Carrier has extended credit to the consignee without 10.4 Any rights to damages against Carrier shall be extinguished unless an
the written consent of the shipper, the shipper guarantees payment of all action is brought within two years from the date of arrival at the
charges for the carriage due in accordance with Carrier’s tariff, destination, or from the date on which the aircraft ought to have arrived,
conditions of carriage and related regulations, applicable laws (including or from the date on which the carriage stopped.
national laws implementing the Warsaw Convention and the Montreal 11. Shipper shall comply with all applicable laws and government regulations of
Convention), government regulations, orders and requirements. any country to or from which the cargo may be carried, including those
5.2 When no part of the consignment is delivered, a claim with respect to relating to the packing, carriage or delivery of the cargo, and shall furnish
such consignment will be considered even though transportation such information and attach such documents to the air waybill as may be
charges thereon are unpaid. necessary to comply with such laws and regulations. Carrier is not liable to
6. 6.1 For cargo accepted for carriage, the Warsaw Convention and the shipper and shipper shall indemnify Carrier for loss or expense due to
Montreal Convention permit shipper to increase the limitation of liability shipper’s failure to comply with this provision.
by declaring a higher value for carriage and paying a supplemental 12. No agent, employee or representative of Carrier has authority to alter, modify
charge if required. or waive any provisions of this contract.