General Conditions of Carriage for Cargo

2.1 General: These Conditions apply to all cargo carriage and incidental services performed by Carrier; provided that if such carriage is "international carriage" as defined in the applicable convention, it shall be subject to that convention's provisions and these Conditions to the extent not inconsistent therewith.

2.2 Applicable Laws and Carrier's Tariffs: To the extent not in conflict with 2.1, all carriage and related services are subject to: (a) applicable laws (including national laws implementing a convention or extending convention rules to non-international carriage), government regulations, orders and requirements; and (b) these conditions and other applicable tariffs, rules, regulations and timetables (but not specified departure/arrival times) of Carrier.

2.3 Applicable to U.S.A. and Canada: These Conditions do not apply to carriage between places in the United States or Canada or between such places and outside locations where applicable tariffs in those countries apply. Such tariffs are available for inspection at Carrier's offices.

2.4 Gratuitous Carriage: Carrier reserves the right to exclude application of all or any part of these Conditions for gratuitous carriage.

2.5 Charters: Carriage pursuant to charter agreement is subject to Carrier's applicable charter tariffs, and these Conditions apply only as provided in said tariff. In case of divergence between these Conditions and charter agreement conditions, the latter prevails. Shipper, by accepting carriage under charter, agrees to be bound by applicable charter terms.

2.6 Change Without Notice: These conditions and published rates/charges are subject to change without notice except as otherwise provided by applicable law; provided no such change applies to a contract of carriage after conclusion date.

2.7 Effective Rules: All cargo carriage governed by these Conditions is subject to Carrier's rules, regulations and tariffs in effect on Air Waybill issuance date. In inconsistency between these Conditions and Carrier's rules/regulations/tariffs, these Conditions prevail. Carrier will not accept increased obligations or liability from Air Waybills or Shipment Records purporting to waive or restrict Carrier's reliance on these conditions. Shipper agrees to indemnify and hold harmless Carrier from increased liability, losses, damages, costs or expenses arising from such Air Waybills or Shipment Records.

3.1 Cargo Acceptable: Carrier undertakes to transport, subject to suitable equipment/capacity availability, all shipments unless excluded by Carrier's regulations, provided: (a) transportation or exportation/importation is not prohibited by applicable laws; (b) they are packed, labelled and described as required; (c) they are accompanied by requisite shipping documents; (d) they are not likely to endanger aircraft, persons or property. Carrier reserves the right without assuming liability to refuse carriage when circumstances so require.

3.2 Valuation Limit: Carrier may refuse carriage of shipments having declared value for carriage exceeding the amount specified in Carrier's regulations.

3.3 Packing and Marking: Shipper is responsible for ensuring cargo is packed appropriately for air carriage so that it can be carried safely with ordinary care in handling, is protected from all weather conditions, and does not injure or damage any persons, animals, goods or property. Each package shall be legibly and durably marked to identify Shipper and Consignee. Carrier reserves the right to refuse transportation of cargo not suitably packed or marked.

3.4 Special Cargo: Special cargo including valuables, dangerous goods, live animals, perishables, fragile goods, and human remains is acceptable only under conditions in Carrier's regulations. Such cargo must be packed and documented strictly according to Carrier's special handling procedures.

3.5 Dangerous Goods: Shipper shall not tender volatile, explosive, dangerous, inflammable, offensive cargo, or cargo likely to damage property without presenting full nature disclosure. Shipper is liable for any loss and damage caused thereby. If Carrier determines cargo becomes or may become dangerous, it may be retained, destroyed, disposed of, abandoned or rendered harmless without compensation and without prejudice to Carrier's charge rights, at Shipper's sole cost.

3.6 Responsibility for Non-Observance: Shipper warrants compliance with all laws, regulations and conditions relating to cargo and indemnifies Carrier for any liability from Shipper's failure to comply.

3.7 Right of Inspection: Carrier reserves the right to examine packaging and contents of all shipments. Carrier is under no obligation to examine shipments and will not be liable for losses from such examination.

3.8 Unit Load Devices: When Shipper loads a Unit Load Device (ULD), he must comply with Carrier's loading instructions and shall be liable for all consequences of non-compliance.

3.9 Pre-packed Shipments: Shipper warrants providing Carrier with contemporaneous information regarding number of pieces and weight of pre-packed packages and indemnifies Carrier for any liability from failure to comply.

4.1 Air Waybill: Shipper shall make out or have made out an Air Waybill in the form, manner and copy number prescribed by Carrier, and shall deliver it to Carrier simultaneously with cargo acceptance. Carrier shall insert carriage charges and other ascertained charges.

4.2 Shipment Record: Carrier, with Shipper consent, may substitute a Shipment Record for Air Waybill delivery. If a Shipment Record is used, Carrier shall, if Shipper requests, deliver a receipt enabling shipment identification and access to Shipment Record information.

4.3 Apparent Condition: If cargo and/or packing apparent order and condition is defective, Shipper shall include a statement of such apparent condition. Carrier may include its own statement of cargo apparent condition or note corrections.

4.4 Preparation by Carrier: Carrier may, at Shipper's request, make out the Air Waybill and shall be deemed to have done so on Shipper's behalf. Carrier is authorized to complete or correct the Air Waybill without obligation to do so.

4.5 Responsibility for Particulars: Shipper is responsible for correctness of particulars and statements relating to cargo, including information provided via Electronic Data Interchange (EDI). Shipper shall indemnify Carrier against all damage from irregularity, incorrectness, or incompleteness of Shipper-furnished particulars.

4.6 Alterations: Air Waybills with altered or erased writing need not be accepted by Carrier.

5.1 Applicable Rates: Rates and charges are those duly published by Carrier and in effect on the contract of carriage conclusion date.

5.2 Airport to Airport: Except as otherwise provided, rates and charges apply only from airport to airport.

5.3 Basis: Rates and charges are based on published measurement units and are subject to Carrier's regulations and rate tariffs.

5.4 Services Not Included: Published rates and charges cover carriage between airports. Except as specifically provided, such rates do not include any ancillary service.

5.5 Insurance: Carrier does not offer all risk insurance on cargo shipments. Carrier recommends that Shipper obtains such insurance.

5.6 Payment of Charges: All applicable charges, fees, duties, taxes, advances and payments shall be deemed fully earned, whether or not cargo is lost/damaged or fails to arrive. Shipper guarantees freight rate, storage charges and all unpaid charges payment. Carrier shall have a lien on cargo for all applicable charges. In non-payment event, Carrier has the right to dispose of cargo at public or private sale. Charges collect shipments will be accepted only to countries designated in Carrier's regulations. Carrier may cancel shipment carriage upon Shipper's refusal to pay demanded charges.

6.1 Compliance with Government Requirements: Shipper shall comply with all applicable laws and government regulations of any country the cargo may be carried to, from, through or over. Carrier shall not be liable for loss or expense from Shipper's compliance failure.

6.2 Disbursement and Customs Formalities: Carrier is authorized (but under no obligation) to advance duties, taxes or charges. Shipper and Consignee shall be jointly and severally liable for reimbursement.

6.3 Schedules, Routings and Cancellations: Carrier undertakes to carry cargo with reasonable dispatch but assumes no obligation to carry by any specified aircraft or over any particular route. Times shown in timetables are approximate and not guaranteed. Carrier is authorized to carry the consignment wholly or partly by any surface transportation means without notice. Carrier reserves the right to cancel, terminate, divert, postpone, delay or advance any flight due to circumstances beyond its control, including meteorological conditions, acts of God, force majeure, strikes, riots, embargoes, wars, hostilities, or disturbances.

6.4 Certain Rights of Carrier: If Carrier determines it is necessary to hold the shipment at any place before, during or after carriage, Carrier may store the shipment for Shipper's account at Shipper's risk and expense.

7.1 Authority to Tender Cargo: Any person tendering cargo to Carrier for Shipper carriage is agreed to be authorized to do so subject to these conditions.

7.2 Shipper's Authority: Shipper warrants that in agreeing to these conditions it has the authority of the person or persons owning or having cargo interest.

7.3 Shipper's Indemnity: Shipper undertakes to indemnify Carrier in respect of any liability in connection with cargo to any person claiming to have, having or may hereafter have any cargo interest.

8.1 Exercise of Right: Every right of disposition exercise must be made by Shipper or his designated agent and must be applicable to the whole single Air Waybill shipment.

8.2 Shipper's Option: Subject to his contract obligation liability, Shipper may at his own expense dispose of cargo by: (a) withdrawing it at the departure or destination airport; (b) stopping it in the journey on any landing; (c) calling for delivery to a person other than the named Consignee; or (d) requiring it to be returned to the departure airport.

8.3 Payment of Expenses: Shipper shall be liable for all loss or damage suffered by Carrier as a result of his disposition exercise and shall reimburse Carrier for any expenses occasioned thereby.

8.4 Extent of Right: Shipper's disposition right shall cease at the moment when Consignee takes possession or requests cargo delivery. If Consignee declines to accept the cargo, such right shall continue to vest in Shipper.

9.1 Notice of Arrival: Shipment arrival notice will be sent to Consignee by ordinary methods. Carrier is not liable for such notice non-receipt or receipt delay.

9.2 Delivery of Shipment: Delivery will be made only to the named Consignee or his agent. Delivery shall be deemed effected when Carrier has delivered authorization enabling Consignee to obtain shipment release, or when the shipment has been delivered to customs or other government authorities as required.

9.3 Place of Delivery: Consignee must accept delivery at the destination airport unless delivery service to Consignee's address has been arranged.

9.4 Failure to Take Delivery: If Consignee refuses or fails to take delivery, Carrier will endeavor to comply with Shipper instructions. If no instructions are received within thirty (30) days, Carrier may sell the shipment or destroy or abandon it. Shipper is liable for all charges and expenses from delivery failure.

9.5 Disposal of Perishables: When a shipment containing perishable articles is delayed, unclaimed, refused or threatened with deterioration, Carrier may immediately take such steps as it sees fit, including destruction or abandonment, without notice.

9.7 Responsibility for Charges: By accepting delivery, Consignee becomes liable for payment of all carriage charges. Shipper shall not be released from his own liability and remains jointly and severally liable with Consignee.

Shipments are accepted for carriage from Carrier's cargo terminal at the departure place to the destination airport. Pick-up and delivery services will be available at the points, to the extent and subject to the rates and charges established in accordance with Carrier's applicable regulations.

If pick-up service or delivery service is performed by Carrier, such surface transportation shall be upon the same liability terms as set forth in Article 12.

12.1 Carrier is liable for damage sustained in the event of cargo destruction, loss, damage, or delay only if the occurrence causing the damage took place during carriage as defined in Article 1.

12.3 Carrier will not be liable for any loss, damage or expense arising from natural causes, death or injury of any animal caused by the animal's own conduct, defective packing, or inability to withstand unavoidable changes in physical environment inherent in carriage by air. Carrier will not be liable for loss or damage resulting from cargo's inherent defect, quality or vice.

12.4 Carrier shall not be liable in any event for any loss of business opportunities, contracts, revenue, profits, anticipated savings, goodwill or reputation, or any special, indirect or consequential loss or damage.

12.5 If the damage was caused or contributed to by the claimant's negligence or other wrongful act or omission, Carrier shall be wholly or partly exonerated from liability.

12.6 Carrier liability shall not exceed 19 Special Drawing Rights per kilogram of cargo destroyed, lost, damaged or delayed. If Shipper has made a special carriage value declaration and paid the applicable supplementary sum, liability shall not exceed such declared value. All claims are subject to value proof.

12.8 Shipper, owner and Consignee whose property causes damage to another shipment or Carrier property shall indemnify Carrier for all losses and expenses. Cargo which is likely to endanger aircraft, persons or property may be abandoned or destroyed at any time without notice or liability.

12.10 Whenever Carrier's liability is excluded or limited, such exclusion or limitation shall apply to Carrier's agents, servants or representatives and to any Carrier whose aircraft or other transportation means is used for carriage.

13.1 Receipt of cargo without complaint is prima facie evidence that the same has been delivered in good condition.

13.2 No action shall be maintained unless a written complaint is made to Carrier:

• Visible damage or partial loss: immediately, and at the latest within 14 days from receipt
• Other damage: within 14 days from receipt
• Delay: within 21 days from the date goods were placed at the disposal of the person entitled to delivery
• Non-delivery: within 120 days of the date goods ought to have arrived at destination

13.3 The right to damages shall be extinguished if an action is not brought within two (2) years, reckoned from the arrival at destination date, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.

14.1 To the extent that any provision herein is contrary to the applicable convention or applicable laws that cannot be waived by agreement, such provision shall not apply.

14.2 The invalidity of any provision shall not affect any other provision validity.