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Article 8

Delivery

8.1 Notice of Arrival
Notice of arrival of the Shipment will, in the absence of other instructions, be given to the Consignee and any other person whom Carrier has agreed to notify as evidenced in the Air Waybill or Shipment Record; such notice will be given by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.

8.2 Delivery of Shipment

8.2.1 Except as otherwise provided in 8.2.2 below and/or specifically provided in the Air Waybill or Shipment Record, delivery of the Shipment will be made only to the Consignee named therein, or his agent, against written receipt and in accordance with these Conditions.

8.2.2 Notwithstanding the above, delivery to the Consignee shall be deemed to have been effected and any potential liability of Carrier shall be deemed to have ended:

8.2.2.1 when the Shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation; and

8.2.2.2 when Carrier has delivered to the Consignee or his agent any authorisation from Carrier required to enable the Consignee to obtain release of the Shipment.

8.2.3 By accepting delivery of the Air Waybill and/or the Shipment, the Consignee shall become liable for payment of all costs and charges in connection with Carriage. Unless otherwise agreed the Shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the Consignee. Carrier may make delivery of the Shipment or Air Waybill conditional upon payment of these costs and charges.

8.3 Place of Delivery
Except as provided for in Article 8.2 above and Article 9 below, the Consignee must accept delivery of and collect the Shipment at the airport of destination or the respective facility as designated by Carrier.

8.4 Failure of Consignee to take delivery

8.4.1 Subject to the provisions of Article 8.5, if the Consignee refuses or fails to take delivery of the Shipment after its arrival at the airport of destination, Carrier will endeavour to comply with any instructions of the Shipper set forth on the face of the Air Waybill, or in the Shipment Record. If such instructions are not so set forth or cannot reasonably be complied with, Carrier shall notify the Shipper of the Consignee’s failure to take delivery and request his instructions. If no such instructions are received within 30 days, Carrier may at its option return the Shipment to the airport of departure and await the Shipper's instructions, sell the Shipment in one or more lots at public or private sale, or destroy or abandon such Shipment.

8.4.2 The Shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the Shipment, including but not limited to, storage charged, and Carriage charges incurred in returning the Shipment. If the Shipment is returned to the airport of departure and the Shipper refuses or neglects to make such payments within fifteen days after such return, Carrier may destroy, abandon or dispose of the Shipment or any part thereof at public or private sale, after giving the Shipper ten days notice of its intention to do so.

8.4.3 In the event of the sale of the Shipment as provided for above, either at the place of destination or at the place to which the Shipment has been returned, Carrier is authorised to pay to itself and other transportation services out of the proceeds of such sale all charges, advances and expenses of Carrier and other transportation services plus cost of sale, holding any surplus subject to the order of the Shipper. A sale of any shipment shall, however, not discharge the Shipper and/or owner of any liability hereunder to pay any deficiencies.

8.5 Disposal of perishables

8.5.1 When Shipment containing perishable articles as determined by Carrier’s at time of reservation is delayed in the possession of Carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the Shipment, the sending of communications for instructions at the cost of the Shipper, the storage of the Shipment or any part thereof at the risk and cost of the Shipper, or the disposal of the Shipment or any part thereof at public or private sale without notice. The proceeds of sale shall be used to settle all costs and expenses incurred by Carrier in accordance with Article 8.4.3 above.