|
|
 |
Conditions of Carriage
6. SHIPMENTS IN TRANSIT
(A) Compliance with Government Requirements
| (1) | 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 NCA for any damage occasioned by the failure of the shipper to comply with this provision. NCA will not be obligated to inquire into the correctness or sufficiency of such information or documents. NCA 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. |
| (2) | NCA shall not be liable for refusing to carry any shipment if NCA reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement. |
(B) Disbursements and Customs Formalities
NCA 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. NCA shall not be under obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding 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 NCA or to such customs consignee, if any, as NCA may designate. For any such purpose a copy of the air waybill, certified by NCA shall be considered an original.
(C) Certain Rights of Carrier over Shipment in Transit
If in the opinion of NCA it is necessary to hold the shipment at any place during, before or after transit for any purpose, NCA 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 NCA 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 NCA against any expense or risk so incurred.
(D) Schedules, Routings and Cancellations
| (1) | 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 NCA may without notice substitute alternate carriers or aircraft. Except as otherwise provided in NCA's Regulations, NCA 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 NCA may select or deviate from the route or routes of 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. | ||||||||
| (2) | NCA will not be responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of NCA is authorized to bind NCA by any statements or representations as to the dates or times of departure or arrival, or of the operation of any flight. | ||||||||
| (3) | NCA 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,
|
||||||||
| (4) | NCA may cancel the carriage of cargo upon refusal of the shipper, after demand by NCA to pay the charges or portion thereof so demanded, without being subject to any liability therefore. | ||||||||
| (5) | 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, NCA shall not be under any liability with respect thereto. In the event carriage of the shipment or any part thereof is so terminated, NCA 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 or the consignee. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by NCA to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the air waybill, and NCA 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. | ||||||||
| (6) | Subject to applicable laws, government regulations and orders, NCA 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 and which articles shall not 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. |
