Notice of Incorporated Terms
Air Transportation provided under this air waybill is subject to, and governed by, the individual contract Terms (including, as applicable, the tariffs, rules, regulations and conditions of carriage) of the transporting air carriers which are herein incorporated by reference and made part of the contract of carriage. Incorporated terms may include, but are not restricted to:
- Limits on the carrier’s liability for the loss, damage or delay of goods, including fragile or perishable goods;
- Declarations of value and the availability of excess valuation coverages and the charges therefore;
- Claims restrictions, including time periods in which shippers or consignees must file a claim or bring an action against the carrier for its acts or omissions, or those of its agents;
- Rights of the Carrier to change terms of the contract of the carriage;
- Rights of the carrier and limits on liability for delay or failure to perform service, including schedule changes, substitutions of alternate carriers or aircraft, and reroutings;
- Non-acceptance of goods.
You can obtain additional information on items 1 through 6 above at any location where the transporting air carrier’s air waybills or similar documents are issued. You have the right to inspect the full text of each transporting carrier’s terms and conditions of carriage at its airport locations and other cargo sales offices. You also have the right, upon request, to receive free of charge the full text of the applicable terms incorporated by reference from each of the transporting air carriers. Information on ordering the full text of Polar Air Cargo’s incorporated terms is available at any location where the carrier’s air waybills are issued.
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 WARSAW CONVENTION IS APPLICABLE AND THE CONVENTION GOVERNS AND IN MOST CASES LIMITS THE LIABILITY OF THE CARRIER IN RESPECT OF LOSS, DAMAGE OR DELAY TO CARGO TO 250 FRENCH GOLD FRANCS PER KILOGRAMME, UNLESS A HIGHER VALUE IS DECLARED IN ADVANCE BY THE SHIPPER AND A SUPPLEMENTARY CHARGE PAID IF REQUIRED.
THE LIABILITY LIMIT OF 250 FRENCH GOLD FRANCS PER KILOGRAMME IS APPROXIMATELY US $20 PER KILOGRAMME ON THE BASIS OF US $42.22 PER OUNCE OF GOLD.
CONDITIONS OF CONTRACT
- As used in this contract “Carrier” means all air carriers that carry our undertake to carry the goods hereunder or perform any other services incidental to such air carriage. “Warsaw Convention” means the Convention for the Unification of certain Rules relation to International Carriage by Air, signed at Warsaw, 12 October 1929, or that Convention as amended at the Hague, 18 September 1955, whichever may be applicable, and “French gold francs” means francs consisting of 651/2 milligrams of gold with a fineness of nine hundred thousandths.
- (a) Carriage hereunder is subject to rules relating to liability established by the Warsaw Convention unless such carriage is not “international carriage” as defined by that Convention; (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 law implement ing the Convention, government regulations, orders and requirements, and (ii) the provisions set forth herein, including provisions incorporated by reference pursuant to the foregoing Notice of Incorporated terms.
- The first Carrier’s name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such Carrier’s tariffs, conditions of carriage, regulations and timetables. The first Carrier’s address is the airport of departure shown on the face hereof. The agreed stopping places (which may be altered by Carrier in case of necessity) are those paces, except the place of departure and the place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation.
- Except as otherwise provided in Carrier’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply Carrier’s liability shall not exceed US $20.00 or the equivalent per kilogramme of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.
- 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 had 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 and in this case Carrier’s limit of liability shall be the sum so declared. Payment of claims shall be subject to proof of actual damages suffered.
- In cases of loss, damage or delay of part of the consignment, the weight to be taken into account in determining Carrier’s limit 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 Title 49 of the United States Code, Section 40102, in case of loss or damage or delay of 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.
- Any exclusion or limitation of liability applicable to Carrier shall apply to and be for the benefit of Carrier’s agents, servants and representatives and any person whose aircraft is used by Carrier for carriage and its agents, servants and representatives. For purpose of this provision Carrier acts herein as agent for all such persons.
- Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Carrier may substitute alternate carriers or aircraft and may without notice and with due regard to this interests of the shipper substitute other means of transportation. Carrier is authorized to select the routing or to change or deviate form the routing shown on the face hereof.
- Subject to the conditions herein, the Carrier shall be liable for the goods during the period they are in its charge or the charge of its agent.
- (a) Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for carriage due in accordance with Carrier’s tariffs, conditions of carriage and related regulations, applicable laws (including national laws implementing the Conventions), government regulations, orders and requirements.(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.
- Notice of arrival of goods will be given promptly to the consignee or to the person indicated on the face hereof 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 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. If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instruction of the consignor.
- (a) The person entitled to delivery must make a complaint to the Carrier in writing in the case(i) of visible damage to the goods, immediately after the discovery of the damage and at the lastest within 14 days from receipt of the goods,(ii) of other damage to the goods, within 14 days from the date of receipt of the goods,(iii) of delay, within 21 days of the date the goods are placed at his disposal, and (iv) of non-delivery of the goods, within 120 days from the date of the issue of the Air Waybill;(b) for the purpose of Subparagraph (a) above complaint in writing may be made to the carrier whose Air Waybill was used, or to the first Carrier or to the last Carrier or to the Carrier who performed the transportation during which the loss, damage or delay took place; (c) any rights to damages against 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 aircraft ought to have arrived, or from the date on which the transportation stopped.
- The shipper shall comply with all applicable laws, and government regulations of any country to, form, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of 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 for loss or expense due to the shipper’s failure to comply with this provision.
- No agent, servant or representative of Carrier has authority to alter, modify or waive any provisions of this contract.
- 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 under an open policy for the amount requested as set out on the face 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 coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing Carrier by the interested party. Claims under such policy must be reported immediately to an office of Carrier.