Conditions of carriage : cargo

 
Download in PDF format : CONDITIONS OF CARRIAGE : CARGO

             (issued on March 6, 2011)

 

 

CONTENTS

 

INTERNATIONAL CARGO.............................................................. 1

ARTICLE I  DEFINITIONS.............................................................................................................................. 3

ARTICLE II  APPLICATION OF CONDITIONS....................................................................................... 7

ARTICLE III  EXECUTION AF AIR WAYBILL......................................................................................... 8

ARTICLE IV  RATES AND CHARGES............................................................................................................ 9

ARTICLE V  ACCEPTABILITY OF CARGO FOR CARRIAGE................................................................ 16

ARTICLE VI  SHIPMENTS IN TRANSIT................................................................................................. 20

ARTICLE VII  SHIPPER’S RIGHT OF DISPOSITION OF SHIPMENT......................................... 22

ARTICLE VIII DELIVERY................................................................................................................................ 24

ARTICLE IX  CARGO ATTENDANTS......................................................................................................... 26

ARTICLE X  FORWARDING AND REFORWARDING........................................................................... 26

ARTICLE XI  TERMINAL SERVICE CHARGES....................................................................................... 26

ARTICLE XII  LIABILITY OF CARRIERS................................................................................................ 27

ARTICLE XIII TIME LIMITATIONS ON CLAIMS AND ACTIONS............................................. 31

ARTICLE XIV  OVERRIDING LAW............................................................................................................... 31

ARTICLE XV  MODIFICATION AND WAIVER...................................................................................... 32

 

 

 

 

 

  

ARTICLE I

DEFINITIONS

Advance Arrangement

 

means any special arrangement between the shipper and carrier, made prior to tender of the shipment.

Air Waybill

 

 which is equivalent to air consignment note, means the nonnegotiable document entitled « Air Waybill/ Consignment Note » made out by or on behalf of the shipper which evidences the contract between the shipper and carrier for carriage for cargo over the routes of carrier.

Cargo

 

which is equivalent to the terms goods, is anything carried or to be carried in an aircraft, other than mail or baggage ; provided that unaccompanied baggage moving under an air waybill is cargo.

Carriage

 

 which is equivalent to transportation, means the carriage of cargo by air, gratuitous or for reward.

Carrier

 

means air carrier and includes the air issuing the air waybill and all air carriers that carry or undertake to carry the cargo under such air waybill, or perform or undertake to perform any other services related to such air carriage.

Charge

means an amount to be paid for carriage of cargo based on the applicable rates for such carriage, or an amount to be paid for a special or incidental service in connection with the carriage of the cargo.

Charges Collect

 

means the charges entered on the air waybill for collection from consignee.

City Terminal Service

 

means the surface carriage of shipment between carrier’s city handling station and the airport of departure or destination, as the case may be.

Consignee

 

means the person whose name appears on the air waybill as the party to whom the shipment is to be delivered by carrier.

Convention

 

means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929 (hereinafter called « the Warsaw Convention ») or that Convention as amended at The Hague, September 28. 1955 (hereinafter called « the Warsaw Convention as amended at The Hague, 1955 »), whichever may be applicable or any of the following Conventions:

-       the Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975); or

-       the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975); or

-       the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); or

-       the Montreal Supplementary protocol (1988)

-       the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (Montreal Convention).

Customs Consignee

 

which is equivalent to customs clearance agent, means a customs broker or other agent of the consignee designated to perform customs clearance services for the consignee.

 
Days

 

means full calendar days, including Sundays and legal holidays ; provided that for the purpose of notification the balance of the day upon which notice is dispatched will not be counted, and when the last day falls on Sunday or a legal holiday, such Sunday or legal holiday will not be counted.

Delivery Service

 

means the surface carriage of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.

Destination

 

means the ultimate stopping place according to the contract of carriage

IATA AWB Terms 

The provisions of the IATA Air Waybill Conditions of Contract promulgated by IATA pursuant to Resolution 600b and effective on 17th March 2008, as the same may be formally amended, restated or replaced by an IATA resolution from time to time.

International Carriage

 

means (except when the Convention is applicable) carriage in which, according to the contract of carriage, the place of departure and any place of landing are situated in more than one country. As used in this definition, the term « country », which is equivalent to « state », includes all territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.

Pick-up Service

 

means the surface carriage of outbound shipments from the point of pick-up to the airport departure.

QC

 

means Cameroon Airlines Corporation      (Camair-Co)

Rate

 

means the amount charged by carrier for carriage of a  unit of weight (or volume) or value of goods.

Special Drawing Right (SDR)

means the unit of account of the International Monetary Fund (IMF). The SDR has a value deriving, within a "currency basket", from the interaction of four reference currencies (US Dollar, Euro, Japanese Yen, and UK Pound), as periodically determined by IMF.

Shipment

 

 which is equivalent to consignment, except as otherwise provided in these Conditions of Carriage, means one or more pieces of goods accepted by carrier from one shipper at one time and at one address, receipted for in one lot and moving on one air waybill to one consignee at one destination address.

Shipper

 

which is equivalent to consignor, means the person whose name appears on the air waybill as the party contracting with carrier for the carriage of cargo.

Tariffs

 

means QC’s tariffs for international carriage of cargo and related rules and regulations, which are made part of these Conditions of Carriage.

 

 

 

 

ARTICLE II

APPLICATION OF CONDITIONS

 

1.   General

 

Nothing in these Conditions of Carriage and other applicable tariffs modifies or waives any provision of the Warsaw Convention and Warsaw Convention as amended at The Hague, 1955. In the event that an air waybill was not issued or for whatever reason, air waybill conditions of contract are not printed thereon, or cannot be determined, the IATA AWB Terms effective at the time of shipment shall apply.  In all other respects, these General Conditions of Carriage shall supplement and shall not be in lieu of the conditions of contract printed on the corresponding air waybill. Notwithstanding the foregoing, the APPLICABLE CONVENTION shall, where applicable, apply.

 

2.   Applicability

 

To the extent not in conflict with Convention and except as excluded by QC’s, conditions in relation to carriage wholly on its own domestic services, these Conditions of Carriage shall apply to all carriage of cargo including all services incidental thereto, performed by QC at rates and charges published in connection with these Conditions of Carriage.

3.   Gratuitous Carriage

 

With respect to gratuitous carriage, QC reserves the right to exclude the application of all or any part of these Conditions of Carriage.

4.   Charter Agreement

 

With respect to carriage of cargo performed pursuant to a charter agreement with QC, such carriage shall be subject to QC’s conditions in relation to carriage by charter flight.

5.   Change without Notice

 

Except as may be required by applicable laws, governmental regulations, orders and requirements, these Conditions of Carriage and other applicable tariffs are subject to change without notice ; provided, however, that no such change shall apply to a contract of carriage after the date of issuance of the air waybill.

6.   Effective Rules

 

All carriage of cargo shall be subject to these Conditions of Carriage and other applicable tariffs, in effect on the date of issuance of the air waybill by QC.

 

ARTICLE III

EXECUTION OF AIR WAYBILL

 

1.   Preparation by Shipper

 

a)    The shipper shall make out, or have made out on his behalf; an air waybill in the form, manner and number of copies prescribed by QC, and shall deliver such air waybill to QC simultaneously with the acceptance of the shipment by QC for carriage. However, charges for carriage and other charges, insofar as they have been ascertained, will be inserted in the air waybill by QC. QC may require the Shipper to make out, or have made out on his behalf, separate air waybills when there is more than one package.

 

b)    QC may require the shipper to make out, or have out on his behalf, separate air waybills when there is more than one package or when all of the shipment cannot be carried in one aircraft or cannot, without breach of government requirements or regulations of QC, be carried on one air waybill.

 

2.   Apparent Order and Condition of Cargo

 

If the apparent order and condition of the cargo and/or packing is not good, the shipper shall insert in the air waybill what the apparent order and condition is. However, if the shipper fails to do so, or if such statement is inaccurate, QC may insert in the air waybill a statement of the apparent order and condition or note a correction thereon.

 

3.   Preparation, Completion or Correction by Carrier

 

QC may at the request of the shipper, expressed or implied, make out the air waybill, in which event, subject to proof to the contrary, QC shall be deemed to have done so on behalf of the shipper. If the air waybill handed over with the cargo does not contain all the required particulars, or if it contains any error, QC completes or corrects it to the best of QC’s ability without being under any obligation to do so.

4.   Responsibility for Particulars and Statements

 

The shipper is responsible to QC and all other persons for other correctness and completeness of the particulars and statements which he inserts in the air waybill, or which QC inserts on his behalf. Where such information is provided by means of Electronic Data Interchange (EDI), it is the responsibility of the Shipper or the Shipper's agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications. The shipper shall be liable for all damages suffered by QC or any other person by reason of the irregularity, incorrectness or incompleteness of said particulars or statements, whether the air waybill was made out by or on behalf of the shipper or by QC (or completed by QC) on behalf of the shipper pursuant to Paragraph 3  above.

5.   Alteration

 

QC will not accept an air waybill, if any part of it is mutilated or if it has been altered or erased by other than carrier.

ARTICLE IV

RATES AND CHARGES

 

1.   Applicable Rates, Charges and Currency

 

Currency

Fares and charges are payable in any currency acceptable to QC. When payment is accepted in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with QC's Regulations.

 

Payment of Charges

Fares and charges are agreed or otherwise published in the currency shown in the applicable rate tariffs, and maybe paid in any currency acceptable to QC. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by QC. The provisions of this paragraph are subject to applicable exchange laws and government regulations.

Unless otherwise specifically agrees in writing, all charges applicable to a Shipment are payable in cash at the time of acceptance thereof by QC in the case of a prepaid Shipment, i.e. a Shipment on which the charges are to be paid by the Shipper, or at the time of delivery thereof by QC in the case of a collect SHIPMENT, i.e. a Shipment on which the charges are to be paid by the Consignee.

Applicable Rates and Charges

Except as otherwise provided in applicable tariffs, applicable rates and charges for carriage governed by these Conditions of Carriage and other applicable tariffs are those duly published by QC, and shall be those in effect on the date of issuance of the air waybill. When the rates or charges collected are not the applicable rates or charges, the difference will be refunded to or collected from the shipper or consignee, as may be appropriate.

2.   Airport to Airport

 

Except as otherwise provided in applicable tariffs, rates and charges apply only for carriage from airport of departure to airport of destination.

3.   Precedence of Rates and Charges

 

Except as otherwise provided in applicable tariffs, a through rate or charge published in tariffs takes precedence over the combination of intermediate rates or charges applicable between the same points via the same routings.

4.   Quantity Reductions

 

When two or more rates subject to different minimum quantities are provided on the same commodity in the same shipping form from and to the same points over the same route, the lowest of the charges specified below will apply:

 

(a)   The charge computed on the quantity shipped at the rate applicable to such quantity.

(b)  The charge computed on the next greater quantity, for which a lower rate is provided at the rate applicable to such greater quantity

(c)   The charge applicable to planeload shipments.

 

5.   Services not Included in Rates and Charges

 

Published rates and charges cover the carriage of shipments by air between airports or other landing places at or near the points shown in the published rates and charges. Except as otherwise specifically provided in applicable tariffs, such published rates and charges do not include the following services or charges:

(a)   Pick-up, delivery and city terminal service to and from the airport from which QC operates ;

(b)  Storage and warehouse services and facilities ;

(c)   Insurance charges ;

(d)  Advanced charges ;

(e)   Expenses incurred by QC in clearing the cargo through customs, or incurred by any other person whether acting as agent for the shipper, the consignee, the owner of the cargo, or carrier ;

(f)   Charges or penalties imposed or collected by government authority, including duties and taxes ;

(g)   Expenses incurred by QC in repairing faulty packing ;

(h)  Charges for carriage of cargo forwarded, transshipped or reforwarded by any other transportation service, or returned to the point of origin or beyond the point of destination ;

(i)    Any other similar services or charges

 

6.   Payment of Charges

 

(a)   Subject to currency exchange laws, government regulations and acceptability to QC, payment of charges may be in a currency other than the currency in which the rates or charges are published. The rate of exchange established by QC will be used to convert the published rate or charge into the selling currency at the rate of exchange as follows :

 

(i)          In the case of a charges prepaid shipment (that is, a shipment on which the charges are to be paid by shipper at the time of acceptance of shipment for carriage), the rate of exchange in effect on the date of issuance of the air waybill.

 

(ii)        In the case of a charges collect shipment (that is, a shipment on which the charges are to be paid by the consignee at the time of delivery of shipment), the rate of exchange in effect on the date on which notification of the arrival of the shipment has been dispatched to the consignee.

 

(b)  Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by QC and any other sums payable to QC, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified on the air waybill. No claim for loss or damage to a shipment will be entertained until all transportation charges thereon have been paid, except that when no part of the consignment is delivered, a claim with respect to such consignment will be entertained even through transportation charges thereon are unpaid. The amount of claims may not be deducted from such transportation charges.

 

(c)   With respect to any charges, expenses or disbursement which cannot be determined at the time when the cargo is handed over for carriage, QC may require the shipper to deposit with QC a sum estimated by QC to be sufficient to cover such charges, expenses and disbursements. Any balance due from QC to the shipper or from the shipper to QC in connection with such deposit shall be paid after completion of the contract of carriage and determination of the exact amount of such charges, expenses and disbursements.

 

(d)  Except when QC agrees in advance to extend credit, all charges applicable to a shipment are payable in cash or other means of payment acceptable to QC at the time of acceptance of the shipment by QC, in the case of a charges prepaid shipment (that is, a shipment on which the charges are to be paid by the shipper at the time of acceptance of shipment for carriage), or at the time of delivery thereof by QC, in the case of a charges collect shipment (that is, a shipment on which the charges are to be paid by the consignee at the time of delivery of shipment).

 

(e)   The shipper guarantees payment of all unpaid charges, advances and disbursements of QC, and all costs, expenditures, fines, penalties, loss of time, damages and other sums which QC may incur or suffer by reason of :

 

(i)          inclusion in the shipment of articles, the carriage of which is prohibited by law ;

(ii)        illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or description of the cargo;

(iii)       absence, delay or incorrectness of any export or import license or any required certificate or document ;

(iv)        improper customs valuation ; or

(v)         incorrect statement of weight or volume

 

By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay all such charges, sums and advances, except prepaid charges; but this shall not discharge the shipper’s guarantee to pay the same. QC shall have a lien on the shipment for each of the foregoing, and in the event of non-payment thereof, shall have the right to dispose of the shipment at public or private sale (provided that prior to such sale, QC shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill), and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. No such lien or right of sale, and no right of QC to collect any of the foregoing shall be in any way affected, lost or prejudiced by reason of the acknowledgement of payment, if not actually paid, or, so far as concerns the right of QC to collect any of the foregoing, by reason of the delivery of the cargo or the surrender of the possession thereof.

(f)   If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, QC shall be entitled to require payment of the charge on such excess.

 

(g)   Changes from charges prepaid to charges collect or vice versa may be permitted; provided that the request is made by the shipper in writing prior to delivery of the shipment to the consignee or his agent.

 

7.   Disposition of fractions

 

(a)   When the computation of rates or charges results in an amount ending in a fraction, such fraction will be rounded to the nearest rounding-off unit in accordance with applicable tariffs.

 

(b)  In computing cubic dimensions, fractions of less than one half centimeter or one half inch will be dropped and fractions of one half centimeter or one half inch or more will be considered as one centimeter or one inch.

 

(c)   Fractions of one half kilogram or less will be charged for as a half kilogram and fractions over one half kilogram will be charged for as the next higher whole kilogram.

 

(d)  Fractions of a pound will be assessed at the charge for the next higher pound.

 

(e)   Cubic measurements will be based on the greatest rectangular dimensions of the package, or where the packages are tied together, on the greatest rectangular dimensions of the tied group of packages. Greatest rectangular dimensions will be based on the greatest height width times greatest length of the package.

 

8.   Basis of Charges

 

Except as otherwise provided in applicable tariffs, rates and charges for carriage will consist of the total of the weight or volume charge, whichever is greater, and, if applicable, the valuation charge as specified below :

(a)   Charges will be computed on the basis of weight or volume as follows determined at the airport of departure and the computation resulting in the higher charge will be assessed :

 

(i)          When applicable rates and charges are published per kilogram, charges will be assessed on the gross weight of the shipment and charges for shipments with cubic measurements exceeding 6 000 cubic centimeters per kilogram will be assessed on the basis of one kilogram for each 6 000 cubic centimeters, and measurements of

3 000 cubic centimeters or less will be charged for as a one half kilogram ; and measurements over 3 000 centimeters will be charged for as a next higher whole kilogram

(ii)        When applicable rates and charges are published per pound, charges will be assessed on the gross weight of the shipment and charges for shipments with cubic measurements exceeding 166 cubic inches per pound will be assessed on the basis of one pound for each 166 cubic inches or fraction thereof.

 

(i)          The shipper must make a declaration of value for carriage on the air waybill of all shipments regardless of whether or not charges based on value are applicable.

(ii)        Such declaration of value may be in any amount, provided that « NVD » (No Value Declared) may constitute such declaration

 

(i)          The valuation charge will be assessed in accordance with applicable tariffs for a shipment having a declared value for carriage in excess of a value as specified thereon.

(ii)        The value of the shipment per kilogram or per pound for applying valuation charges will be determined by dividing the shipper’s declared value for carriage by the actual gross weight of the shipment.

 

9.   Minimum Charge

 

Except as otherwise provided in applicable tariffs, a minimum charge per shipment as specified in applicable tariffs will be assessed whenever a lower total charge (excluding valuation charge) is computed on the basis of the applicable rate and actual weight (or volume) of the shipment.

10. Charges for Disbursement

 

When requested by the shipper, QC will collect from the consignee an amount shown on the air waybill as disbursement such as charge for transportation, cartage, storage, loading or unloading not performed by QC and government duty and customs fees. A service charge as provided in applicable tariffs will be assessed for collecting and remitting to the shipper the amount of disbursement.

Any amendment of disbursement amounts shall be made by thy shipper in writing prior to delivery of the shipment to the consignee or his agent.

11. Charges Collect Fee

 

A fee for charges collect service shall be assessed at the airport of destination as provided in the applicable tariffs.

12. Charges for Preparation of Air Waybills

 

A documentation charge as provided in applicable tariffs shall be assessed when QC makes out or completes the Air waybill

13. Construction of Unpublished  Rates and Charges

 

When the rate or charge between any two points is not specifically published, such rate or charge will be constructed as provided in applicable tariffs.

 

 

ARTICLE V

ACCEPTABILITY OF CARGO FOR CARRIAGE

 

Description of Goods

Description of packages by Shipper on the Air waybill constitutes acknowledgment only for the external condition of the Packages or other units delivered to QC and the number of Packages or other units that were visible to QC. It does not act as a receipt for the number of Packages or items not readily and reasonably visible to QC at the time of delivery to QC.

 

1.   Valuation limits

 

(a)   No shipment having a declared value for carriage in excess of U.S $ 100 000 (or its equivalent) will be accepted for carriage unless advance arrangement therefore has been made.

 

(b)  The limit of value of one shipment or group of shipments to be carried in any one aircraft, shall be U.S $ 2 000 000 (or its equivalent). If a single shipment exceeds such limits, it may not be carried in the same aircraft, but may be divided between two or more aircraft at the sole discretion of QC. QC reserves the right to refuse to transport in any one aircraft, shipments having declared values in the aggregate which violate or lead to the violation of this rule.

 

2.   Packing and Marking of Shipment

 

(a)   Shipper is responsible for ensuring that the cargo is packed in an appropriate way for air carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full address of the shipper and consignee.

 

(b)  Packages containing valuables as defined in applicable tariffs must be sealed in a method approved by QC.

 

3.   Cargo Acceptable

 

QC undertakes to transport, subject to the availability of suitable equipments of the kind and type capable of handling the shipment and space after the accommodation of passengers and air mail, general merchandise, goods, wares and products of all kinds, unless otherwise excluded by applicable tariffs, and provided that :

 

(a)   The transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to, through or over ;

 

(b)  They are packed in a manner suitable for carriage by aircraft ;

 

(c)   They are accompanied by the requisite shipping documents ;

 

(d)  They are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.

 

4.   Cargo Acceptable only under Prescribed Conditions

 

(a)   The following goods as defined by QC will only be accepted for carriage subject to the conditions provided in applicable tariffs :

 

(i)          Firearms ;

 

(ii)        Human remains ;

 

(iii)       Live animals, including, but not limited to, livestock, birds, reptiles, fish, shellfish, insects and pets ;

 

(iv)        Perishables ; or

 

(v)         Dangerous goods including explosives, compressed gases, flammable liquids, flammable solids, oxidizing substances, poisonous substances, radioactive materials, corrosives and other articles or substances which are capable of posing a significant risk to health, safety or property

 

(b)  Shipments will be accepted for carriage by QC either on a charges prepaid shipment basis or charges collect shipment basis, except that QC will decline to transport the following on a charges collect shipment basis unless advance arrangement therefore has been made :

 

(i)          Shipments to persons restrained of their liberty ;

 

(ii)        Shipments addressed to government agencies, except when shipped by government agents presenting proper credentials ;

 

(iii)       Shipments not equal in resale value to transportation charges thereon ;

 

(iv)        Shipments of perishable commodities ;

 

(v)         Shipments to countries where currency regulations or QC’s regulations do not permit shipments to be delivered upon a charges collect shipment basis ;

 

(vi)        Live animals, including, but not limited to, livestock, birds, reptiles, fish, shellfish ; insects and pets ,

 

(vii)      Shipments of human remains ; or,

 

(viii)     Unaccompanied baggage

 

(c)       Packages or pieces of unusual weight, shape or size not be accepted for carriage unless advance arrangements have been made. Shipments requiring special devices for safe handing will be accepted for carriage only when such special devices are provided and operated by and at the expense of the shipper or consignee.

 

(d)       Shipments with a floor-bearing weight per unit square in excess of the floor load limitation specified in applicable tariffs must be furnished with a suitable skid or base, for use in available aircraft, which will reduce the floor-bearing weight to such floor load limitation or less. The weight of such skid or base will be included in the weight of the shipment.

 

5.   Cargo Refusal

 

To the extent permitted by law, QC reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require.

6.   Booking confirmation 

 

All shipments must be booked with QC are subject to a booking confirmation and to the availability of suitable equipment and space.

7.   Responsibility for Non-Observance of Conditions related to Special Cargo

 

Responsibility for non-observance of the conditions relating to cargo which is not acceptable for carriage or is acceptable only under certain conditions, rests upon the skipper and the owner of the cargo, who jointly and severally shall indemnify QC for any loss, damage, delay, liability or penalties because of carriage of any such cargo.

8.   Inspection of Shipment

 

QC reserves the right to examine the packaging and contents of all shipments ant to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment but QC shall be under no obligation to do so.

9.   Unit Load Devices

 

When shipper undertakes to load a Unit Load Device (ULD) he must comply with QC’s loading instructions and shall be liable for and indemnify QC against all consequences of any non-compliance with such instructions.

 

 

ARTICLE VI

SHIPMENTS IN TRANSIT

 

1.   Compliance with Government Requirements

 

(a)   The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. The shipper shall be liable to QC for any damage occasioned by the failure of the shipper to comply with this provision. QC will not be obligated to inquire into the correctness or sufficiency of such information or documents. QC will not be liable to the shipper, consignee or any other person for loss or expense due to shipper’s failure to comply with this provision

 

(b)  QC shall not be liable for refusing to carry any shipment if QC reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

 

2.   Disbursements and Customs Formalities

 

QC will, but shall be under no obligation to, advance any duties, taxes or charges and to make any disbursements with respect to the cargo, and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. QC shall not be under obligation to incur any expense or to make any advance in connection with the forwarding or refowarding of the cargo except against prepayment by the shipper. If it is necessary to make customs entry of the cargo at any place, the cargo shall be considered to be consigned at such place to the person named on the face of the air waybill as customs consignee or, if no such person be named, to QC or to such customs consignee, if any, as QC may designate. For any such purpose a copy of the air waybill, certified by QC, shall be considered an original.

 

3.   Certain Rights of Carrier over Shipment in Transit

 

If in the opinion of QC it is necessary to hold the shipment at any place during, before or after transit for any purpose, QC may, upon giving notice to the shipper or consignee at the address stated in the air waybill, store the shipment for the account of, and at the risk and expense of the shipper, owner and consignee of the shipment or any one of them in any warehouse or other available place, or with the customs authorities ; or QC may deliver the shipment to another transportation service for onward carriage to the consignee. The shipper, owner or consignee of the shipment shall be jointly and severally liable for and indemnify QC against any expense or risk so incurred.

4.   Schedules, Routings and Cancellations

 

(a)   Times shown in timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for the commencement or completion of carriage or delivery of cargo and QC may without notice substitute alternate carriers or aircraft. Except as otherwise provided in applicable tariffs, QC assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes or to make connection at any point according to any particular schedule, and QC may select or deviate from the route or routes or shipment, notwithstanding that the same may be stated on the face of the air waybill. In such case the shipper guarantees payment of all charges and advances.

 

(b)  QC will not be responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of QC is authorized to bind QC by any statements or representations as to the dates or times of departure or arrival, or of the operation of any flight.

 

(c)   QC may, without notice, cancel, terminate, divert, postpone, delay or advance, any flight, or the further right of carriage or proceed with any flight without all or any part of the cargo, if it considers that it would be advisable to do so,

 

(i)          because of any fact beyond its control (including, but without limitation, meteorological conditions, acts of God, force majeure, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions) actual, threatened, or reported, or because of any delay, demand, condition, circumstance, or requirement due, directly or indirectly, to such facts ; or

 

(ii)        because of any fact not to be foreseen, anticipated, or predicted ; or

 

(iii)       because of any government regulation, order, demand or requirement ; or

 

(iv)        because of shortage of labour, fuel, or facilities, or labour difficulties of QC or others.

 

(d)  QC may cancel the carriage of cargo upon refusal of the shipper, after demand by QC, to pay the charges or portion thereof so demanded, without being subject to any liability therefrom

 

(e)   In the event any flight is so cancelled, terminated, diverted, postponed, delayed or advanced, at a place other than the place of destination, or the carriage of any shipment is so cancelled, terminated, diverted, postponed, delayed or advanced, QC shall not be under any liability with respect thereto. In the event carriage of the shipment or any part thereof is so terminated, QC may place such shipment in storage at shipper’s expense, or may, at the expense of shipper or consignee, forward the shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee, for onward carriage by any other transportation service on behalf of the shipper of the consignee. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by QC shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the shipper or the consignee, at the address stated in the air waybill.

 

(f)   Subject to applicable laws, government regulations and orders, QC may determine, on a reasonable and not unjustly discriminatory basis, the priority of carriage as between shipments and as between shipments and other cargo, mail and passengers, and decide which articles shall be carried or shall be removed at any time or place whatsoever and proceed with any flight without all or any part of the goods in one shipment.

 

ARTICLE VII

SHIPPER’S RIGHT OF DISPOSITION OF SHIPMENT

 

1.   Exercise of Right of Disposition

 

Every exercise of the right of disposition of the shipment must be made by the shipper and must be applicable to the whole shipment under a single air waybill. The right of disposition over the cargo may only be exercised if the shipper produces the part of the air waybill which was delivered to him. Instructions as to disposition must be given to QC in writing in the form prescribed by QC. In the event that the exercise of the right of disposition results in a change in consignee, such new consignee shall be the consignee as though same had appeared on the air waybill.

2.   Shipper’s Option

 

Subject to shipper’s liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such a way as to prejudice QC or other carriers or other shippers, the shipper may dispose of the cargo either ;

 

(a)   by withdrawing it at the airport of departure or of destination ;

 

(b)  by stopping it in the course of the journey on any landing ;

 

(c)   by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill ; or

 

(d)  by requiring it to be returned to the airport of departure.

 

3.   Payment of Expenses

 

The shipper shall be liable for and shall indemnify QC for all loss or damage suffered or incurred by QC as a result of the exercise of his right of disposition. The shipper shall reimburse QC for any expenses occasioned by the exercise of his right of disposition.

4.   Carrier’s Inability to Comply

 

Notwithstanding the provision of Paragraph 1 above, QC reserves the right to refuse such execution of shipper’s right of disposition, if in the opinion of QC it is not practicable to carry such instruction of the shipper. In such event QC shall so inform him promptly. The cost of so doing attaches to the cargo.

5.   Extend of Shipper’s Right

 

The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the consignee takes possession or requests delivery of the cargo or air waybill, or otherwise shows his acceptance of the cargo. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicate with, such right of disposition shall continue to vest in the shipper

 

 

ARTICLE VIII

DELIVERY

 

1.   Delivery to Consignee

 

(a)   Except as otherwise specifically provided in the air waybill, delivery of the shipment will be made only to the consignee named on the face of the air waybill, unless such consignee is one of QCs participating un the carriage, in which event delivery shall be made to the person indicated on the face of the air waybill as the person to ne notified. Delivery to the consignee shall be considered to have been effected when the shipment has been delivered to customs or other government authorities as required by applicable law or customs or other government authorities as required by applicable law or customs regulation, and when QC has delivered to the consignee any authorization required to enable the consignee to obtain release of the shipment and has forwarded the notice of arrival referred to in Paragraph 2 below.

 

(b)  Delivery of the shipment shall be made by QC only upon written receipt of the consignee and upon compliance with all other applicable terms and conditions of the air waybill and of these Conditions of Carriage.

 

2.   Notice of Arrival

 

Unless the shipment is to be reforwarded in accordance with the operational code of QC, notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee, or any other person whom QC has agreed to notify as evidenced in the air waybill, by ordinary methods; QC is not liable for non-receipt or delay in receipt of such notice.

3.   Failure of Consignee to Take Delivery

 

(a)   Subject to the provisions of Paragraph 5 below, if the consignee refuses or fails to take delivery of the shipment after its arrival at the place of delivery, QC will endeavour to comply with any instructions of the shipper set forth on the face of the air waybill. If such instructions are not so set fort or cannot reasonably be complied with, QC shall notify the shipper of the consignee’s failure to take delivery and request his instructions. If no such instructions are received within 30 days, QC may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment

 

(b)  The shipper and owner are liable for all charges and expenses resulting from or in connection with such failure to take delivery of the shipment, including, but not limited to, transportation charges incurred in returning the shipment if so required by the shipper’s instruction. If the shipment is returned to the airport of departure and the shipper or owner refuses to make such payments or neglects to make such payments within 15 days after such return, QC may dispose of the shipment or any part thereof at public or private sale after giving the shipper at the address stated on the air waybill 10 days’ notice of its intention to do so.

 

(c)   In the event of the sale of the shipment as provided for un Sub-paragraph (a) and (b) above, either at the place of destination or at the place to which the shipment has been returned, QC is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances and expenses of QC and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. The sale of any such shipment shall, however, not discharge the shipper and/or owner of any liability to pay any deficiencies due to QC.

 

4.   Place of Delivery

 

The consignee must accept delivery of and collect the shipment at the airport of destination unless otherwise designated by QC or provided in applicable tariffs.

5.   Disposal of Perishables

 

When a shipment containing perishable articles is delayed in the possession of QC, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, QC will immediately take such steps necessary for the protection of itself and other parties in interest, including, but not limited to, the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the risk and cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof  at the risk and cost of the shipper, or the disposition of the shipment or any part thereof  at public or private sale without notice. The sale of any such shipment shall, however, not discharge the shipper of any liability to pay any charges and expenses due to QC.

 

ARTICLE IX

CARGO ATTENDANTS

 

Subject to advance arrangement, QC will transport cargo attendants on all cargo aircraft or in the cargo compartment of a mixed cargo-passenger aircraft, for the purpose of accompanying shipments when necessary for the protection of the shipment, other property, the aircraft or its crew. Except as otherwise provided in applicable tariffs, such transportation of attendants will be subject to QC’s Conditions of Carriage-International Passengers and Baggage.  

 

ARTICLE X

FORWARDING AND REFORWARDING

 

The cargo (or packages said to contain the cargo) described on the face of the air waybill, is accepted for carriage from their receipt at QC’s cargo terminal or airport office at the place of departure to the airport of departure and for reforwarding beyond the airport of destination. If such forwarding or reforwarding is by carriage operated by QC, such carriage shall be upon the same terms as to liability as set forth in Paragraph 2 and 3 of Article XII. In any other event, when QC is the issuing carrier or last carrier under the agreement to carry, respectively, in forwarding or reforwarding the cargo, QC shall do so only as agent of the shipper, owner, or consignee, as the case may be, and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or wilful fault. The shipper, owner and consignee will authorize QC to do all things deemed advisable to effect such forwarding or reforwarding, including, but without limitation, selection of the means of forwarding or reforwarding and the routes thereof (unless these have been specified by the shipper in the air waybill), execution and acceptance of documents of carriage (which may include provisions exempting from or limiting liability) and consigning of cargo with no declaration of value, notwithstanding any declaration of value in the air waybill.

ARTICLE XI

TERMINAL SERVICE CHARGES

 

Terminal service charges as described in applicable tariffs will be assessed to the shipper or consignee named in the air waybill, as applicable, and will apply whenever such services are performed by QC.

ARTICLE XII

LIABILITY OF CARRIERS

 

1.   Successive Carriers

 

Carriage to be performed under one air waybill by several successive carriers is regarded as a single operation

2.   Laws and Provisions Applicable

 

(a)   Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention, unless such carriage is not carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties to the Warsaw Convention, or within the territory of a single High Contracting Party to the said Convention, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even thought that Power is not a party to the said Convention ; or established by the Warsaw Convention as amended at The Hague, 1955, unless such carriage is not carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties to the Warsaw Convention as amended at The Hague, 1955, or within the territory of a single High Contracting Party to the said Convention if there is an agreed stopping place within the territory of another state, even if that state is not High Contracting Party to the said Convention.

 

(b)  To the extent not in conflict with the provisions of Sub-paragraph (a) above, all carriage and other services performed by QC are subject to :

 

(i)          applicable laws (including national laws implementing the Convention or extending the rules of the Convention to carriage which is not « international carriage » as defined in the Convention), government regulations, orders and requirements.

 

(ii)        these Conditions of Carriage and other applicable tariffs which may be inspected at any of its downtown offices and its offices in any airports from which it operates regular services.

 

(c)   For the purpose of the Convention, the agreed stopping places (which may be altered by carrier in case of necessity) are those places, except the place of departure and the place of destination, set forth in the air waybill or shown in carrier's timetables as scheduled stopping places on the route.

 

(d)  In the case of carriage subject to the Convention, the shipper acknowledges that he has been given an opportunity to make a special declaration of the value of the cargo at delivery and that the sum entered on the face of the air waybill as "shipper's declared value for carriage", if in excess of 250 French Gold Francs or its equivalent (the United States equivalent is $ 20.00) per kilogram, constitutes such special declaration of value.

 

3.   Limitation of Liability

 

Except as the Convention or other applicable law may otherwise require:

(a)   QC is not liable to the shipper or the consignee or any other person for any damage, destruction, delay or loss of whatsoever nature arising out for or in connection with the carriage of the cargo or other services performed by QC incidental thereto, unless such damage, destruction, delay or loss is proved to have been caused by the negligence of willful fault of QC, and there has been no contributory negligence of the shipper, consignee or other claimant.

 

(b)  QC is not liable for any damage, destruction, delay or loss directly and indirectly arising out of compliance with laws, government regulations, orders or requirements, or from failure of the shipper, consignee or any person to comply with the same, or out of any cause beyond QC’s control.

 

(c)   The charges for carriage having been based upon the value declared by the shipper, any liability shall in no event exceed the shipper’s declared value for carriage stated on the face on the air waybill and, in the absence of such declaration by shipper, liability of QC not exceed 250 French Gold Francs or its equivalent (the United States equivalent is approximately $ 20.00) per kilogram of cargo destroyed, lost, damaged or delayed. All claims shall be subject to proof of actual value.

 

(d)  In the event of delivery to the consignee, or any other person entitled to delivery, of part but not all of the shipment, or in the event of damage, destruction, delay or loss to part but not all of the shipment, the liability of QC with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the shipment or contents thereof.

 

(e)   QC shall not be liable under any circumstances for damage to or destruction of a shipment of a shipment caused by or as a result of property contained therein and the shipper and consignee, whose property shall damage to or destruction of another shipment or of the property of QC, shall indemnify QC for all losses and expenses incurred by QC, shall indemnify QC for all losses and expenses incurred by QC as a result thereof. Cargo which is likely to endanger aircraft, persons or property may be abandoned or destroyed by QC at any time without liability therefore attaching to QC.

 

(f)    No warranty concerning any aircraft engaged in the carriage or concerning its fitness for the carriage of the cargo to which the contract relates is implied in the contract of carriage.

 

(g)   When QC issues an air waybill for carriage over the lines of another carrier, QC does so only as agent of such carrier. QC shall not be liable for the loss, damage, destruction or delay of cargo not occurring on its own line, except that the consignor shall have a right of action for such loss, damage, destruction or delay on the terms herein provided against QC when QC is the first carrier under the agreement to carry, and the consignee who is entitled to delivery shall have such a right of action against QC when QC is the last carrier under the agreement to carry.

 

(h)  QC will not be liable for any loss, damage or expense arising from death of any animal due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals, such as biting, kicking, goring or smothering, nor for that caused or contributed to by the conditions, nature or propensities of the animals, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air.

 

(i)    QC is not liable if the destruction, loss of or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo. Shipments, the contents of which are liable to deteriorate or perish due to change in climate, temperature or altitude or other ordinary exposure, or because of length of time in transit, will be accepted for carriage without responsibility on the part of QC for loss or damage due to such deterioration or perishability.

 

(j)   QC shall not be liable in any event for any consequential or special damages arising from carriage subject to these Conditions of Carriage, whether or not QC had knowledge that such damages might be incurred.

 

(k)   Any exclusion or limitation of liability of QC under these Conditions of Carriage and applicable tariffs shall apply to agents, servants or representatives of QC acting within the scope of their employment and also to any person whose aircraft is used by QC for carriage and his agents, servants or representatives acting within the scope of their employment.

 

(l)    In no event will QC be liable for death or injury to a cargo attendant caused by or contributed to the conditions, conducts or acts of the animals or conditions of any other cargo.

 

(m)  If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, QC shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.

 

ARTICLE XIII

TIME LIMITATIONS ON CLAIMS AND ACTIONS

 

1.      Time Limitation on Claims

 

(a)       Receipt by the person entitled of the cargo without complaint shall be prima facie evidence that the same has been delivered in food condition and in accordance with the contract of carriage.

 

(b)       No action shall be maintained in the case of destruction of, damage to or partial loss of the cargo unless a written notice, sufficiently describing the cargo concerned, the approximate date of the destruction, damage or partial loss, and the details of the claim, is presented to an office of QC within 14 days from the date of receipt thereof, in the case of delay unless presented within 21 days from the date the cargo is placed at the disposal of the person entitled to delivery of the shipment, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issuance of the air waybill.

 

(c)       All claims other than provided in Sub-paragraph (b) above except any claims relating to personal injury or death must be made in writing within 270 days from the date of issuance of the air waybill.

 

2.      Time Limitation on Actions

 

Any right to damages against QC shall be extinguished unless an action is brought within 2 years, reckoned 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 method of calculating that period shall be determined by the law of the court seized of the case.

ARTICLE XIV

OVERRIDING LAW

 

Insofar as any provision contained or referred to in the air waybill or in these Conditions of Carriage or other applicable tariffs may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part. These Terms and Conditions shall otherwise, unless required by applicable law, be subject to the laws of the Republic of Cameroon and shall be subject to the jurisdiction of the Courts of Cameroon. 

 

 

ARTICLE XV

MODIFICATION AND WAIVER

 

No agent, servant or representative of QC has authority to alter, modify or waive any provision of the contract of carriage or of these Conditions of Carriage or other applicable tariffs.