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Article 6

Shipments in the course of carriage

6.1 Compliance with Government requirements

6.1.1 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 Cargo, and shall, together with the Shipment, furnish such information and deliver such documents, as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to enquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to any Shipper or any other person for loss or expenses due to Shipper’s failure to comply with this provision. Shipper shall be liable to Carrier for any damage occasioned by the failure of Shipper to comply with this provision.

6.1.2 Carrier shall not be liable for refusing to carry any Shipment if Carrier in its reasonable discretion and acting in good faith determines that such refusal is required by any applicable law, government regulation, demand, order or requirement.

6.2 Disbursements and customs formalities
Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to meet any disbursement with respect to the Cargo and the Shipper and the Consignee shall be jointly and severally liable for the reimbursement thereof. No Carrier shall be under obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of the Cargo except against prepayment by the Shipper. If it is necessary to make customs entry of the Cargo at any stopping place, and no Customs Clearance Agent has been named on the face of the Air Waybill or in the Shipment Record, the Cargo shall be deemed to be consigned to the Carrier carrying the Cargo to such place. For any such purpose a copy of the Air Waybill, or Shipment Record, certified by the Carrier shall be deemed original.

6.3 Schedules, routings and cancellations

6.3.1 Times shown in Carrier’s schedules or elsewhere are approximate and not guaranteed and form no part of the Contract of Carriage. No time is fixed for commencement or completion of Carriage or delivery of Cargo. Unless specifically agreed otherwise and so indicated in the Air Waybill or Shipment Record, Carrier undertakes to carry the Cargo with reasonable dispatch but assumes no obligation to carry the Cargo by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Carrier is hereby authorised to select or deviate from the route or routes of the Shipment, notwithstanding that the same may be stated on the face of the Air Waybill or in the Shipment Record. Carrier is not responsible for errors or omissions either in timetables or in other representations of schedules. No employee, Agent or representative of Carrier is authorised to bind Carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.

6.3.2 Carrier may without notice substitute alternate carriers, perform code sharing, or use surface transportation, wholly or partly.

6.3.3 Carrier reserves the right, without notice, to cancel, terminate, change, reschedule, divert, postpone, delay or advance any flight, or other means of transportation, or the further carriage of any Cargo, or to proceed with any flight, or other means of transportation, without all or any part of the Cargo, if it considers that it would be advisable to do so for the following reasons:

6.3.3.1 due to any fact beyond its control (including but not limited to threatened or announced: weather conditions, acts of God, Force Majeure, riots, political instability, embargoes, war, hostilities, civil commotion, unstable international conditions, terrorism or governmental warnings against any of the above);
6.3.3.2 due to any fact not reasonably to be foreseen, anticipated or predicted at the time the Cargo was accepted;
6.3.3.3 due to governmental regulations, orders or requirements, due to any shortage of labour, fuel or facilities; or
6.3.3.4 due to labour related difficulties of the carrier or any third party deployed by it; or
6.3.3.5 if it considers that any other circumstances so require.

6.3.4 In the event that any flight or other means of transportation is so cancelled, terminated, changed, rescheduled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination, or in the event the Carriage of any Shipment is so cancelled, terminated, diverted, postponed, delayed or advanced, save as explicitly provided for in Article 11 below, Carrier shall not be under any liability with respect thereto. In the event the Carriage of the Shipment or any part thereof is so terminated, delivery thereof by Carrier to any transfer agent for transfer or delivery or the placing of such Shipment into storage shall be deemed complete delivery under the Contract of Carriage, and the Carrier shall be without any further liability with respect thereto, except to give notice of the disposition of the Shipment to the Shipper or to the Consignee, at the address stated in the Air Waybill or Shipment Record. Carrier may, but shall not be obligated to, forward the Cargo for carriage by any other route or forward the Shipment as agent for the Shipper or the Consignee for onward carriage by any transportation service on behalf of the Shipper or Consignee. The cost of doing so attaches to the Cargo.

6.3.5 Subject to applicable government laws, regulations and orders, Carrier is authorised to determine the priority of Carriage as between Shipments, and as between Cargo and mail or passengers. Carrier may likewise decide to remove any articles from Shipment, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, Cargo is not carried or carriage thereof is postponed or delayed or if articles are removed from shipment, save as to the extent provided for in Article 11 below, Carrier will not be liable to shipper or to any other party for any consequence thereof.

6.4 Certain Rights of Carrier over Shipment in Course of Carriage
If in the opinion of Carrier it is necessary to hold the Shipment at any place for any purpose, either before, during or after Carriage, Carrier may, upon giving notice thereof to the Shipper, store the Shipment for the account and at the risk and expense of the Shipper, in any warehouse or other available place, or with the customs authorities, or Carrier may deliver the Shipment to another transportation service for onward Carriage to the Consignee. The Shipper shall indemnify Carrier against any expense or risk so incurred.