Airway Bill 1
Airway Bill 1
Airway Bill 1
LUDHIANA, INDIA
INTEGRAL TERMS FOR DOMESTIC AIR TRANSPORTATION AND ALL SURFACE TRANSPORTATION [CARMACK AMENDMENT WAIVERS]
1. This section applies to TRANSPORTATION AND ANY SEGMENT OF TRANSPORTATION NOT COMPRISING 4. Carrier shall have a general lien on the cargo for monies owed Carrier in any way relating to the cargo, a prior
INTERNATIONAL AIR CARRIAGE AND NOT GOVERNED BY FORCE OF LAW BY AN INTERNATIONAL AIR Shipment, or both, subject to sale, notice and reservation of rights provisions in section (7) above.
CONVENTION. In the event transportation hereunder includes a period or segment of international air
transportation which is governed by force of law by an international air convention, any loss, damage or shortage 5. If applicable, and for good and sufficient consideration acknowledged hereby, shipper expressly waives
shall be presumed to have occurred during the course of such international air transportation subject to evidence pursuant to 49 U.S.C. § 14101 the minimum periods for the filing of claims and civil actions, as defined under
of the contrary. 49 U.S.C. § 14706(e)(1), and any successor statute(s). Issues of timely notice of claim and time for suit are
otherwise governed in accordance with applicable law, and such time limits shall in no event be considered
2. NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY>> Carrier's liability is agreed to be US$0.50 extended by this contract. Unless applicable law provides for a shorter time limit, any rights and/or claims
(fifty cents), per pound, multiplied by the number of pounds (or fraction thereof) of each piece of the shipment against Carrier shall be extinguished unless: (a) notice is given within 90 days from the date of delivery or the
which may have been delayed, lost, or damaged, unless a higher value is declared herein and applicable charges date the cargo should have been delivered; and (b) an action is both filed and served upon the Carrier within
paid thereon for the actual value of such piece plus the transportation charges for which the shipper, consignee one year from the date of delivery or the date the cargo should have been delivered. Notwithstanding the
and bill-to third party may be liable. If applicable, and for good and sufficient consideration acknowledged hereby, foregoing, as a condition precedent to recovery, any damage or loss discovered after a delivery without written
shipper expressly waives pursuant to 49 U.S.C. § 14101 Carrier’s general liability as may otherwise exist under exception (as may be the circumstance with concealed damage or shortage) must be reported in writing to
49 U.S.C. § 14706(a), and any successor statute(s). Carrier within 7 days after delivery. In all events, Carrier must be given an opportunity to inspect the cargo
and its packaging within 15 days after its receipt of the written notice as provided herein.
3. Carrier undertakes to complete the carriage with reasonable dispatch. Transportation of the cargo is subject to
availability of equipment and space therein. Carrier shall be permitted to use alternative carriers, equipment or
modes of transport without notice. Carrier shall exclusively determine the routing as it deems appropriate, and
shall have the liberty to change or deviate from the routing shown on the face hereof.
1. In this contract and the Notices appearing hereon: "CARRIER" Includes the air carrier issuing this air waybill and every 7. 7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in
carrier and agent who carries or undertakes to carry the cargo or perform any other service related to, or incidental to, determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary 7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S.
Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of Transportation Code:
carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at 7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining
Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of
amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. MONTREAL such shipment; and
CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at 7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall
Montreal on 28 May 1999. be prorated to the packages covered by the same air waybill whose value is affected by the loss,
damage or delay. The weight applicable in the case of loss or damage to one or more articles in
2. 2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal a package shall be the weight of the entire package.
Convention unless such carriage is not “international carriage” as defined by the applicable Conventions. 8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and
2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such
are subject to: person’s agents, employees and representatives.
2.2.1 applicable laws and government regulations; 9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws,
2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport
timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to
which are made part hereof, and which may be inspected at any airports or other cargo sales offices from select the routing and all intermediate stopping places that it deems appropriate or to change or deviate
which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are from the routing shown on the face hereof.
entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions 10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence
of carriage include, but are not limited to: that the cargo has been delivered in good condition and in accordance with the contract of carriage.
2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable 10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the
goods; person entitled to delivery. Such complaint must be made:
2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or 10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest
bring an action against the Carrier for its acts or omissions, or those of its agents; within 14 days from the date of receipt of the cargo;
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; 10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal
2.2.2.4 rules about Carrier’s right to refuse to carry; of the person entitled to delivery.
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule 10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill,
changes, substitution of alternate Carrier or aircraft and rerouting. or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for
transportation by the Carrier.
3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place 10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to
of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took
stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a place.
single operation. 10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought
against Carrier.
4. Carrier's liability limitation shall be the per kilogram monetary limit set out in any applicable Convention. During the 10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two
course of any international carriage by air, where neither the Warsaw Convention nor the Montreal Convention applies, years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived,
Carrier's liability shall not exceed 19 SDRs per kilogram, subject to section 6.2. or from the date on which the carriage stopped.
5. 5.1. Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the 11. Shipper shall comply with all applicable laws and government regulations of any country to or from which
shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and
carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and shall furnish such information and attach such documents to the air waybill as may be necessary to
the Montreal Convention), government regulations, orders and requirements. comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier
5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even for loss or expense due to shipper’s failure to comply with this provision.
though transportation charges thereon are unpaid. 12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions
6. 6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase of this contract.
the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in
accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit
shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental
charge if so required.