THESE CONDITIONS OF CARRIAGE APPLY TO CARRIAGE BY AIR , ALONG WITH THE AIR WAYBILL RELATED TO THE SHIPMENT TENDERED TO AEA EPRESS FOR CARRIAGE.
1. The Carrier reserves the right to carry the Consignor’s goods by any route and procedure and by successive carriers and according to its handling, storage and transportation methods.
2. The Carrier reserves the right, but is not obliged, to inspect any goods consigned to ensure that they are capable of carriage to the countries of destination within the standard operating procedures, customs declarations and handling method of the Carrier.
3. By giving us your shipment, you agree, regardless of whether you sign the front of Airway bill, for your self or as an agent for and on behalf of any other person having an interest in this shipment , to all terms on this Non-negotiable Airway bill, and as appropriate to all terms in any Sky World Express transportation agreement between you and Sky World Express covering this shipment and in any applicable tariff, and in the current Sky World Express service Guide or Standard Conditions of carriage, copies of which are available upon request. If there is a conflict between the airway bill and any such document then in effect, the transportation agreement, tariff, current Sky World Express service guide or standard conditions of carriage will control, in that order of priority. No one is authorized to alter or modify the term of our agreement. This Airway bill shall be blinding on us when the shipment is accepted.
4. The Consignor warranty that each article in the shipment is properly described on this Airway bill and any export documents, acceptable for transport by us, and properly marked, addressed and packed to ensure safe transportation with ordinary care in handling. Consignor are responsible for all charge, including transportation charges, and possible surcharges, customs and duties assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our lawyer’s fees and legal costs, related to this shipment.
5. By giving us this shipment, you hereby appoint us as your agent solely for performance of customs clearance and certify us as the nominal consignee for the purpose of designating a customs broker to perform customs clearance. In some instances, local authorities may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation when required.
You are responsible for and warrant your compliance with all applicable laws, rules, and regulation, including but not limited to customs laws, import, export and re-export laws and governmental regulations of any country to, from , through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to this Airway bill such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or any other person for any losses or expenses due to your failure to comply with this provision
You are also responsible for all charge, including transportation charges, and all duties, customs, assessments, governmental penalties and fines, taxes, and our lawyers’ fees and legal cost, related to this shipment.
6. The consignor is responsible for the packing of the good including the packing in any container which may be supplied to the Consignor by the carrier, and the Consignor accepts no responsibility for loss or damage to the goods cause by inadequate or inappropriate packing or packaging ( including arising from the carrier’s negligence). It is responsibility of the Consignor to address accurately and correctly each consignment to enable effective delivery to be made and the Carrier shall not be liable for delay in forwarding or delivery resulting from the Consignor’s failure to comply with its obligations in this respect.
7. The consignor is liable for damage sustained in the event of destruction, or loss of, or damage to the goods. If the occurrence which caused the destruction, loss or damage so sustained takes place during carriage by air and the Carrier is also liable for damage occasioned by delay in the carriage by air of the goods. The Carrier is not liable if it proves that it and its servants and agent have taken all necessary measures to avoid the damage or that it was impossible for it or them to take such measuresprovided always that liability of the Carrier under this condition shall be limited to the payment by the Carrier by way of damages of a sum not exceeding US$100.00 or its equivalent per consignment or in the case where transit insurance is effected the amount payable thereunder in the event of loss or damage to the goods. The right herein shall be substitution for any other right, cause of action or entitlement under any law.
8. The carrier will not carry dangerous, hazardous, combustible or explosive material, gold and silver bullion, coin, dust, cyanides, precipitates or any form of uncoined gold and silver bullion, platinum and other precious metals, precious and semi-precious, stones, jewelry, currency (paper or coin) of any nationality, negotiable securities, cheques of any kind, stocks, bonds, certificates, stamps, blank or endorsed bank cheques, money orders or traveller cheques, antiques, work of art, livestock , plants, drugs, pharmaceuticals, liquor, firearms, tobacco, foodstuff, IATA restricted articles or perishable, and in the event that Consignor should consign such items with the carrier the consignor releases and indemnifies the carrier from and against all liabilities, claims, damages, losses, costs (including legal cost) and expenses which may arise as a result of or in connection with carriage of the same , and the carrier should not be responsible for such items and shall have the right to abandon such carriage immediately upon the carrier having knowledge that the goods infringe this conditions.
9. If the carriage involves an alternate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. Where the Warsaw Convention is applicable, the conditions of carriage herein shall be read together with and subjects to the provisions of the Warsaw Convention provided always where there is any consistency between the conditions of carriage herein and the provisions of the Warsaw Conventions, the later shall prevail. In these Conditions the Warsaw Convention shall include as applicable the amended Convention and the Montreal Convention 1999
10. Where the consignee or receiver can not be located or is not at the address provided by consignor, the carrier may return the goods to consignor whereupon the consignor shall be responsible for all the charge of carrier for the return carriage.