Waybill contract For Carriage

1. In this contract and the Notices appearing hereon: CARRIER includes the carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 International air carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to: 2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within 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;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry; 2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and 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. 4./4.1 For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, Carrier’s liability limitation shall not be less than the limit set out in these general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDR per kilogram will not apply during periods of international air carriage to or from the United States. 4.2 During all periods of inland or domestic transportation, Carrier’s liability shall be limited in accordance with applicable national law or convention, and such limitations of liability shall in no event be considered altered or increased by this contract. Where permissible under applicable national law or convention, Carrier’s liability during all periods of inland or domestic transportation shall be limited to USD 0.50 (fifty cents) per pound. For periods of inland or domestic transportation in the United States, and for good and sufficient consideration acknowledged hereby, shipper and consignee expressly agree to a WAIVER as defined under 49 U.S.C. section 14101(b), of Carrier’s general liability and the minimum periods for the filing of claims and civil actions, as defined under 49 U.S.C. section 14706(a)(1) and (e)(1), and any successor statutes to the extent they would otherwise apply. 4.3 For claims arising from transportation subject to paragraph 4.2, issues of timely notice of claim and time for suit are governed in accordance with applicable national law or convention, and such time limits shall in no event be considered altered or extended by this contract. Under all circumstances relative to transportation subject to paragraph 4.2, any rights and/or claims against Carrier shall be extinguished unless notice is given within 90 days from the date of delivery or intended delivery (7 days in the event of concealed damage) and an action is brought within one year from the date written notice is given that carrier has disallowed the claim in whole or in part.

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and 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.

4./4.1 For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, Carrier’s liability limitation shall not be less than the limit set out in these general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation of liability in an amount less than 19 SDR per kilogram will not apply during periods of international air carriage to or from the United States.

4.2 During all periods of inland or domestic transportation, Carrier’s liability shall be limited in accordance with applicable national law or convention, and such limitations of liability shall in no event be considered altered or increased by this contract. Where permissible under applicable national law or convention, Carrier’s liability during all periods of inland or domestic transportation shall be limited to USD 0.50 (fifty cents) per pound. For periods of inland or domestic transportation in the United States, and for good and sufficient consideration acknowledged hereby, shipper and consignee expressly agree to a WAIVER as defined under 49 U.S.C. section 14101(b), of Carrier’s general liability and the minimum periods for the filing of claims and civil actions, as defined under 49 U.S.C. section 14706(a)(1) and (e)(1), and any successor statutes to the extent they would otherwise apply.

4.3 For claims arising from transportation subject to paragraph 4.2, issues of timely notice of claim and time for suit are governed in accordance with applicable national law or convention, and such time limits shall in no event be considered altered or extended by this contract. Under all circumstances relative to transportation subject to paragraph 4.2, any rights and/or claims against Carrier shall be extinguished unless notice is given within 90 days from the date of delivery or intended delivery (7 days in the event of concealed damage) and an action is brought within one year from the date written notice is given that carrier has disallowed the claim in whole or in part.