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Conditions of Carriage

5. ACCEPTABILITY OF CARGO FOR CARRIAGE

(A) Applicable Rates and Charges

Except as otherwise provided in NCA's Regulations, applicable rates and charges for carriage governed by these Conditions of Carriage and NCA's Regulations are those duly published by NCA, 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.

(B) Airport to Airport

Except as otherwise provided in NCA's Regulations, rates and charges apply only for carriage from airport of departure to airport of destination.

(C) Precedence of Rates and Charges

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

(D) 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 point over the same route, the lowest of the charges specified below will apply:

(1)	The charge computed on the quantity shipped at the rate applicable to such quantity.
(2)	The charge computed on the next greater quantity, for which a lower rate is provided at the rate applicable to such greater quantity.
(3)	The charge applicable to planeload shipments.

(E) 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 NCA's Regulations, such published rate and charges do not include the following services or charges:

(1)	Pick-up, delivery and city terminal service to and from the airport from which NCA operates;
(2)	Storage and warehouse services and facilities;
(3)	Insurance charges;
(4)	Advanced charges;
(5)	Expenses incurred by NCA 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;
(6)	Charges or penalties imposed or collected by government authority, including duties and taxes;
(7)	Expenses incurred by NCA in repairing faulty packing;
(8)	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;
(9)	Any other similar services or charges.

(F) Payment of Charges

(1)	Subject to currency exchange laws, government regulations and acceptability to NCA, 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 NCA will be used to convert the published rate or charge into the selling currency at the rate of exchange as follows: a) 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), the rate of exchange in effect on the date of issuance of the air waybill. b) 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.
(2)	Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by NCA and any other sums payable to NCA 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 though transportation charges thereon are unpaid. The amount of claims may not be deducted from such transportation charges.
(3)	With respect to any charges, expenses or disbursements which cannot be determined at the time when the cargo is handed over for carriage, NCA may require the shipper to deposit with NCA a sum estimated by NCA to be sufficient to cover such charges, expenses and disbursements. Any balance due from NCA to the shipper or from the shipper to NCA 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.
(4)	Except when NCA agrees in advance to extend credit, all charges applicable to a shipment are payable in cash or other means of payment acceptable to NCA at the time of acceptance of the shipment by NCA, 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 NCA, 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).
(5)	The shipper guarantees payment of all unpaid charges, advances and disbursements of NCA, and all costs, expenditures, fines, penalties, loss of time, damages and other sums which NCA may incur or suffer by reason of: a) inclusion in the shipment of articles, the carriage of which is prohibited by law; b) illegal, incorrect or insufficient making, numbering, addressing or packing of packages or description of the cargo; c) absence, delay or incorrectness of any export or import license or any required certificate or document; d) improper customs valuation; e) 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. NCA 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. NCA shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill), and so 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 NCA 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 concern the right of NCA to collect any of the foregoing, by reason of the delivery of the cargo or the surrender of the possession thereof.
(6)	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, NCA shall be entitled to require payment of the charge on such excess.
(7)	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.

(G) Disposition of Fractions

(1)	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 NCA's Regulations.
(2)	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.
(3)	Fractions of one half kilogram or less will be charged for as a half kilogram and fractions over the half kilogram will be charged for as the enxt higher whole kilogram.
(4)	Fractions of a pound will be assessed at the charge for the next higher pound.
(5)	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 times greatest width times greatest length of the package.

(H) Basis of Charges

Except as otherwise provided in NCA's Regulations, 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:

(1)	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: a) 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. b) 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.
(2)	(a) 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. (b) Such declaration of value may be in any amount, provided that "NVD" (No Value Declared) may constitute such declaration.
(3)	(a) The valuation charge will be assessed in accordance with NCA's Regulations for a shipment having a declared value for carriage in excess of a value as specified thereon. (b) 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.

(I) Minimum Charge

Except as otherwise provided in NCA's Regulations, a minimum charge per shipment as specified in NCA's Regulations 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.

(J) Charges for Disbursement

When requested by the shipper, NCA 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 NCA and government duty and customs fees. A service charge as provided in NCA's Regulations will be assessed for collecting and remitting to the shipper the amount of the disbursement.
Any amendment of disbursement amounts shall be made by the shipper in writing prior to delivery of the shipment to the consignee or his agent.

(K) Charges Collect Fee

A fee for charges collect service shall be assessed at the airport of destination as provided in NCA's Regulations.

(L) Charges for Preparation of Air Waybills

A documentation charge as provided in NCA's Regulations shall be assessed when NCA makes out or completes the Air Waybill.

(M) 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 NCA's Regulations.