Nima Sabri

Shipper's and Carrier's Responsibility

 

  • Responsibilities of Shipper 2.1.2
    • The carrier or its duly authorized agent for and on behalf of shipper or consignee may, but shall not be obligated to, comply with the formalities required by customs or other governmental authorities and may but shall not obliged to, advance pay any duties, taxes and other charges and owner of the goods shall be jointly and severally liable to the carrier for the reimbursement of any payment so made Ref 2.1.2
    • Shipper is obliged to comply with all custom regulations and other governmental regulations of any country flown from, to or over relating to the packing, carriage and delivery of goods. Including the furnishing of such information and documents as may be necessary to meet such requirement. Ref 2.1.2
    • However, the carrier is under no obligation to inquire into the correctness or sufficiency of required information, documents or marking Ref 2.1.2

 

  • Carrier’s liability 2.1.3 (Some important items reflected below)
    • Carrier is liable for the damage or loss or delay in the carriage of cargo Ref 2.1.3.1
    • Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of animal. Ref 2.1.3.4
    • Unless the shipper has made a special declaration of value for carriage and has paid supplementary sum applicable, liability of carrier shall not exceed 19 Special Drawing Rights per kilogram of cargo destroyed, lost, damaged or delayed. If the shipper has made a special declaration of value for carriage, it is agreed that any liability shall in no event exceed such declared value for carriage stated on the face of the AWB or included in shipment record. All claims shall be subject to proof of value Ref 2.1.3.7
    • In case of loss, damage, delay of part of shipment, the weight to be taken into consideration in determining the amount to which carrier’s liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when loss, damage or delay of part of shipment affects the value of other packages covered in the same AWB, the total weight of such package or packages shall be taken into consideration in determining the limit of liability. Ref 2.1.3.8
    • Cargo which, because of inherent defect, quality or vice or because of defective packing is likely to endanger aircraft, persons or property may be abandoned or destroyed by carrier at any time without notice an without liability therefore attaching to carrier. Ref 2.1.3.9
    • If the cargo is being carried by different carriers, no carrier shall be liable for the loss, damage or delay of cargo not occurring on its own line except that the shipper shall have a right of action against the first carrier and the consignee or other person entitled to delivery shall have such right against the last carrier. Ref 2.1.3.10
    • Whenever the liability of carrier is excluded or limited under these conditions, such exclusions or limitations shall apply to the agents, servants or representative of carrier and also to any carrier whose aircraft or other means of transportation is used for carriage Ref 2.1.3.11
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