• Embargo List
• Dangerous Goods Info
• Contract Terms
• Conditions of Carriage

Conditions of Carriage

18. LIMITATION OF LIABILITY ON CARGO

(A) Declaration of Value

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 17 SDR (or, in the case as defined in NCA's Regulations, its equivalent amount in national currency in accordance with such Regulations, for example, U.S.$20 in Japan) per kilogram, constitutes such declaration of value.

(B) Limitation of Liability

NCA's liability is as described in the following provisions, unless the Convention or applicable law may otherwise provide and, under such Convention or applicable law, any of those provisions shall be null and void for the reason that they relieve the carrier of liability or fix a lower limit than that which is laid down in such Convention or applicable law.

(Responsibility to Prove)

(1)	Except as provided in the provisions of Sub-paragraph (2) and (3) below, NCA is liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, damage to or delay in arrival of any cargo, arising out of or in connection with the carriage of the cargo or other service performed by NCA, upon condition that the occurrence which caused the damage so sustained took place during the carriage by air; provided, however, that NCA is not so liable if NCA proves that any of the following provision of a), b) and c) is applicable or that such damage has not at all been caused by negligence or willful fault of NCA. (a) NCA is not liable for any destruction or loss of, damage to or delay in arrival of cargo directly or indirectly arising out of NCA's compliance with any applicable laws, or failure of the shipper, consignee or any other person to comply with the same, or any cause beyond NCA's control. (b) NCA is not liable if the destruction or loss of, or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo (,which also means that NCA is not liable under any circumstances for damage to, or destruction of a shipment caused solely by, or as a result of property contained therein). NCA will accept carriage of any 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, without any responsibility on the part of NCA for loss or damage caused by such deterioration or perishability. (c) NCA will accept carriage of an animal subject to the condition that a shipper or consignee shall observe NCA's Regulations and shall be fully responsible for such animal. NCA shall not be liable for injury to, or loss, delay in arrival, sickness or death of, such animal caused by any reason whatsoever.
(2)	In the case of the carriage subject to "Warsaw Convention as amended at Montreal", NCA is liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, or damage to, cargo, (which means that the damage in connection with delay in arrival of cargo is excluded), arising out of or in connection with the carriage of the cargo or other service performed by NCA incidental thereto, upon condition only that the occurrence which caused the damage so sustained took place during the carriage by air; provided, however, that NCA is not so liable if NCA proves that the destruction or loss of, or damage to, the cargo resulted solely from one or more of the following: a) inherent defect, quality or vice of that cargo; b) defective packing of that cargo performed by a person other than NCA or NCA's servants or agents; c) an act of war or an armed conflict; d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.
(3)	In the case of the carriage subject to "Montreal Convention", NCA is liable to the shipper, consignee or any other person for damage sustained in the event of the destruction or loss of, or damage to, cargo, (which means that the damage in connection with delay in arrival of cargo is excluded), arising out of or in connection with the carriage of the cargo or other service performed by NCA incidental thereto, upon condition only that the occurrence which caused the damage so sustained took place during the carriage by air; provided, however, that NCA is not so liable if and to the extent NCA proves that the destruction or loss of, or damage to, the cargo resulted from one or more of the above (2) a) to d). (Limitation of Liability in Value)
(4)	a) NCA will calculate the charges for carriage based upon the value declared by the shipper, and, except as provided in the provisions of Sub-paragraph b) below, any liability of NCA shall in no event exceed the shipper's declared value for carriage stated on the face of the air waybill, and, in the absence of such declaration by the shipper, the liability of NCA shall be limited to a sum of 17 SDR per kilogram of the cargo destroyed, lost, damaged or delayed. b) In the case of the carriage subject to "Warsaw Convention" or "Warsaw Convention as amended at The Hague", any liability of NCA shall in no event exceed the shipper's declared value for carriage stated on the face of the air waybill and, in the absence of such declaration by the shipper, the liability of NCA shall be limited to a sum of U.S.$20 (250 French Gold Francs) per kilogram of the cargo destroyed, lost, damaged or delayed; provided, however, that such limit of liability specified above shall not apply if it is proved that such damage resulted from an act or omission of NCA, NCA's servants or agents (who was proved to be acting within the scope of NCA's employment), done with intent to cause damage or recklessly and with knowledge that damage would probably result. c) All claims shall be subject to proof of actual value of damage. (Other Limitation of Liability)
(5)	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 destruction or loss of, damage to or delay in arrival of part but not all of the shipment, the liability of NCA 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.
(6)	The shipper and consignee, whose property shall cause damage to or destruction of another shipment or of the property of NCA, shall indemnify NCA for all losses and expenses incurred by NCA as a result thereof. Cargo which is likely to endanger aircraft, persons or property may be abandoned or destroyed by NCA at any time without any notice and without any liability therefore attaching to NCA, only if such danger have resulted solely from the property contained in the consignee's cargo.
(7)	When NCA issues an air waybill for carriage over the lines of another carrier, NCA does so only as agent of such carrier. NCA shall not be liable for the destruction, loss, damage or delay of cargo not occurring on its own line, except that the consignor shall have a right of action for such destruction, loss, damage or delay on the terms herein provided against NCA when NCA 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 NCA when NCA is the last carrier under the agreement to carry.
(8)	NCA shall not be liable in any event for any consequential or special damage or punitive damages arising from carriage complying with these Conditions of Carriage and NCA's Regulations, whether or not NCA had knowledge that such damage might arise.
(9)	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 derived his rights, NCA 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.