Rule No 110: LIMITATION OF LIABILITY
Except as the convention or other applicable law may otherwise require:
- Carrier is not liable to the Shipper or to any other person for any damage, delay or loss of whatsoever nature (hereinafter in this tariff collectively referred to as “damage”) arising out of or in connection with the carriage of the cargo or other services performed by Carrier incidental thereto, unless such damage is proved to have been caused by the gross negligence or willful fault of the Carrier, and there has been no contributory negligence on the part of the Shipper, Consignee or other claimants releases the Carrier of its liability to the extend provided by applicable Convention and applicable law.
- Carrier is not liable for any damage directly or indirectly arising of compliance with laws, government regulations, and order of requirements, or from any cause beyond Carrier’s control.
- The charges for carriage having been based upon the value declared by the Shipper, it is agreed that any liability shall in no event exceed the Shipper’s “declared value for carriage” stated on the face of the Air Waybill. In the absence of such declaration by the Shipper on the face of the Air Waybill, liability of the Carrier shall not exceed the lesser of:
- the value of a national currency equivalent to the applicable regime’s Special Drawing Rights per kilogram and is calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgment, for “international carriage”, or
- $.50 USD per pound for “domestic carriage”, or
- the invoice value, or actual cash value, of the cargo destroyed, lost, damaged, or delayed. All claims shall be subject to proof of value.
- Carrier shall not be liable for damage to or destruction of a consignment cause by or as a result of property contained therein and the Shipper, owner and Consignee, whose property shall cause damage to or destruction of another consignment or of the property of Carrier, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. Cargo which is likely to endanger aircraft, persons or property will be abandoned or destroyed by Carrier at any time without notice and without liability therefore attaching to Carrier.
- 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.
- A Carrier issuing an Air Waybill for carriage over the lines of others does so only as an agent. The Carrier shall not be liable for the loss, damage, or delay of cargo not occurring on its own line, except that the consignor shall have a right of action for such loss, damage, or delay on the terms herein provided against the first Carrier, and the Consignee who is entitled to delivery shall have such a right of action against the last Carrier under the agreement to carry.
- Carrier will not be liable for any loss, damage or expense arising from death 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.
- Shipments, the contents of which are liable to deteriorate or perish due to change in the climate, temperature, altitude or other ordinary exposure, or because of length of time in transit, will be accepted without responsibility on the part of Carrier for loss or damage due to such deterioration or perishability.
- Packaging Requirements:All domestic shipments must be packed to withstand 48 hours transit time (within the 50 United States, excluding Puerto Rico and the U.S. Virgin Islands.Shipment to and from Puerto Rico and the U.S. Virgin Islands need to packed to withstand 72 hour transit time).All international shipments must be packaged to withstand 72 hour transit time (to or from destinations outside the 50 United States, including Puerto Rico and the U.S. Virgin Islands).
- Carrier shall not be liable in any event for any consequential or special damages (to include but not limited to loss of profits) arising from carriage subject to this tariff, whether or not Carrier had knowledge that such damages might be incurred.
- Whenever liability of Carrier is excluded or limited under these conditions, such exclusion or limitation shall apply to agents, servants or representatives.