4.1 Air Waybill
4.1.1 Unless Carrier agrees otherwise, the Shipper shall make out, or have made out on his behalf, an Air Waybill in the form, manner and number of copies prescribed by Carrier, and shall deliver such Air Waybill to Carrier simultaneously with the acceptance of the Cargo by Carrier for Carriage. Charges for Carriage and other charges, insofar as they have been ascertained, shall be inserted in the Air Waybill by Carrier. Carrier may require the Shipper to make out, or have made out on his behalf, separate Air Waybills when there is more than one package, or if the Cargo cannot be carried in one packing unit in one aircraft, or if the Cargo cannot be carried under a single Air Waybill without violation of government requirements or Carrier rules.
4.1.2 If Carrier provides for such possibility, the Air Waybill may be made out and/or stored in electronic form and signed by electronic signature as provided for by Carrier. Upon handing over the Cargo, the Air Waybill must be physically available. Carrier may electronically scan and store open accompanying freight documents, after which, Carrier is entitled to send accompanying freight documents requiring physical delivery directly to the place of destination, independent from the carriage of Cargo.
4.2 Shipment Record
Carrier, with the express or implied consent of the Shipper, may substitute for the delivery of an Air Waybill a Shipment Record to preserve a record of the Carriage to be performed. If such Shipment Record is used Carrier shall, if so requested by the Shipper, deliver to the Shipper in accordance with Carrier’s rules a Cargo receipt, permitting identification of the Shipment and access, in accordance with Carrier’s rules, to the information contained in the Shipment Record.
4.3 Apparent condition/packing of the Cargo
If the apparent order and condition of the Cargo and/or packing of the Cargo is in any way defective the Shipper shall, if an Air Waybill is delivered, include on the Air Waybill a statement of such apparent order and condition. If no Air Waybill is delivered the Shipper shall advise Carrier of the apparent order and condition of the Cargo, to enable Carrier to insert an appropriate reference thereto in the Shipment Record. However, if the Shipper fails to include such statement in the Air Waybill or to advise Carrier of the apparent order and condition of the Cargo, or if such statement or advice is incorrect, Carrier may include in the Air Waybill or insert in the Shipment Record a statement of the apparent order and condition of the Cargo, or note a correction thereto, but Carrier is under no obligation to do so.
4.4 Preparation, Completion or Correction by Carrier
Carrier may at the request of the Shipper, expressed or implied, make out the Air Waybill, in which event, subject to proof to the contrary, Carrier shall be deemed to have done so on behalf of the Shipper. If the Air Waybill handed over with the Cargo or if the particulars or statements relating to the Cargo furnished by or on behalf of the Shipper to Carrier for insertion in the Shipment Record do not contain all the required particulars, or if the Air Waybill or such particulars or statements contain any error, Carrier is authorised to complete or correct the Air Waybill or particulars or statements to the best of the Carrier’s ability without being under any obligation to do so. In circumstances where the Air Waybill is issued by a designated Agent of the Carrier, whether or not such Agent is also an agent of the Shipper, he is the Carrier’s Agent solely for the purpose of issuing the Air Waybill, and for no other purpose.
4.5 Responsibility for Particulars
The Shipper is responsible for the correctness of the particulars and statements relating to the Cargo inserted by him or on his behalf in the Air Waybill or furnished by him or on his behalf to Carrier for insertion in the Shipment Record. Where such information is provided by means of Electronic Data Interchange (EDI), it is the responsibility of the shipper or shippers agent to verify contents, accuracy and completeness of the EDI messages and subsequest messages according to the agreed standards and specifications. The Shipper shall indemnify Carrier against all damage suffered by him, or by any other person to whom Carrier may be liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the Shipper or on his behalf.
Air Waybills, the writing on which has been altered or erased, need not be accepted by Carrier. If accepted by Carrier, Carrier will be under no liability arising from, or in respect of, such alternations or erasures.