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CONDITIONS OF CONTRACT (1) As used in this contract, "air waybill" is equivalent to air consignment note, "shipper" is equivalent to "consigner", carriage is equivalent to "transportation" and "Carrier" includes the air carrier issuing this air waybill and all air carriers that carry the goods hereunder or perform any other services related to such air carriage. For the purposes of the exemption from and limitation of liability provisions set forth or referred to herein,"Carrier" includes agents, servants, or representatives of any such air carrier. Carriage to be performed hereunder by several successive carriers is regarded as a single operation. (2) (a) Carriage hereunder is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw,October 12, 1929, (hereinafter called the convention"), unless such carriage is not "international carriage" as defined by the Convention. (See Carriers tariffs for such definition.) (b) To the extent not in conflict with the foregoing, carriage hereunder and other services performed by each Carrier are subject to (i) applicable laws (including national laws implementing the Convention), government regulations, orders, and requirements, (ii) provisions herein set forth and (iii) applicable tariffs, rules, 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 officers and at airports from which it operates regular services. (c) For the purpose of Convention the agreed stopping places (which may be altered by Carrier in case of necessity) are those places; except the place of destination set froth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. (d) In the case of carriages subject to the Convention the shipper acknowledges that he has been given an opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the air waybill as "shippers/Consignor's Declared Value--For Carriage", if in excess of 250 French, gold francs (consisting of 65 1/2 milligrams of gold with a fineness of 900 thousandths) or their equivalent per kilogram, constitutes such special declaration of value. (3) Insofar as any provision contained or referred to in this air waybill may be contrary to mandatory law, government regulations, orders or requirements, such provisions shall remain applicable to the estent that it is not overridden thereby. The invalidity of any provision shall not affect any other part hereof. (4)Except as the Convention or other applicable law may otherwise require: (a) Carrier is not liable to the shipper or to any other person for any damage, delay or loss whatsoever nature (hereinafter collectively referred to as "damage") arising out of or in connection with the carriage of the goods unless such damage is proved to have been caused be the negligence or wilful fault of Carrier and there has been no contributory negligence of the shipper, consignee or other claimant; (b)Carrier is not liable for any damage directly or indirectly arising out of compliance with laws, government regulations, orders or requirements or from any cause beyond Carrier's control; (c) The charges for carriage having been based upon the value declared by the chipper, it is agreed that any liability shall in no event exceed the shipper's declared value for carriage stated on the face hereof, and in the absence of such declaration by shipper, liability of carrier shall not exceed 250 such French gold francs , or their equivalent per kilogram of goods destroyed, lost, damage aged or destroyed; all claims shall be subject to proof of value; (d) A carrier issuing on air waybill for carriage exclusively over the lines of others does so only as a sales agent. (5) It is agreed that no time is fixed for the completion of carriage hereunder and that Carrier may without notice substitute alternate carriers or aircraft. Carrier assumes no obligation to carry the goods by any specified aircraft or over any particular route or routes or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the route or routes of shipment, not withstanding that the same may be stated on the face hereof. The shipper guarantees payment of all charges and advances. (6) The goods, or packages said to contain the goods described on the face hereof, are accepted for carriage from their receipt at Carrier's terminal or airport office at the place of departure to the airport of 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 to forwarding to the airport of departure and for reforwarding beyond the airport of destination. If such forwarding or reforwarding is in by carriage operated by carrier, such carriage shall be upon the same terms as to liability as set forth in Paragraphs 2 and 4 hereof, in any other event, the issuing carrier and last carrier , respectively in forwarding or reforwarding the goods shall do so only as agents of the shipper, owner, or consignee, as the case may be, and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or wilful fault. The shipper, owner and consignee hereby authorize such carriers 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 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 of value in this air waybill. (7) 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 and reforwarding of the goods except against repayment by the shipper If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face hereof as customs consignee or, if no such person be named, to the carrier carrying the gods to such place or to such customs consignee, if any, on such carrier may designate. (8)At the request of the shipper, and if the appropriate premium is paid and the fact recorded on the face hereof, the goods covered by this air waybill are insured on behalf of the shipper under an open policy for the amount requested by the shipper as set out on the face hereof (recovery being limited to the actual loss or damage not exceeding the insured value) against all risks of physical loss or damage from any external cause whatsoever, except those arising directly or indirectly from war risks, strikes, riots, hostilities, legal seizure or delay or inherent vice and subject to the terms and conditions of such open policy which is available for inspection by the shipper. Claims under such policy, must be reported immediately to an office of Carrier. (9) Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the consignee named on the face hereof, unless such consignee is one of the Carriers participating in the carriage, in which event delivery shall be made to the person indicated on the face hereof as this person to be notified. Notice of arrival of the goods will, in the absence of other instructions, be sent to the consignee, or the person to be notified, by ordinary method, Carrier is not liable for non-receipt or delay in receipt of such notice. (10) (a) No action shall be maintained in the case of damage to goods unless a written notice, sufficiently describing the goods concerned, the approximate date of the damage, and the details at the claim, is presented to an office at Carrier within 7 days from the date of receipt thereof, in the case of delay unless presented within 14 days from the date the goods are placed at the disposal of the person entitled to delivery, and in the case of loss (including non-delivery), unless presented within 120 days from the date of issue of the air waybill (b) Any rights to damage against Carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim (11) The shipper shall comply with all applicable laws, customs and other 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 simply with such laws and regulations. Carrier is not liable to the shipper or any other person for the loss or expense due to shipper's return to comply with this provision (12) No agent, servant or representative of Carrier has authority alter, modify, or waive any provisions of this contract.
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