The goods herein described are accepted by Pakair Cargo Specialists P/L hereby referred to as Pakair, in apparent good order (except as noted). In tendering the shipment, Shipper agrees to the terms and conditions of this contract and those terms and conditions set forth in the most recent Pakair Standard Trading Conditions, each of which will be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied, between Pakair and Shipper. Pakair’s Standard Trading Conditions are available for inspections at any Pakair office and are hereby expressly incorporated by the reference. No agent, employee or representative of Pakair has the authority to alter, modify or waive any provision of these conditions or said Standard Trading Conditions. The invalidity of any provision of this contract shall not affect any other part thereof.
Pakair will only carry goods, which are the property of the Shipper, and the Shipper warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agent for, or on behalf of all other persons who are or may thereafter become interested in the goods. The Shipper hereby undertakes to indemnify Pakair against any damages, costs and expenses resulting from any breach of this warranty.
Pakair will not be liable for any loss, damage, mis-delivery or non-delivery not caused by:
The act, default or omission of the Shipper, Consignee, or any other party who claims interest in the shipment,
The nature of the shipment of any defect, characteristic, or inherent vice thereof,
Act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, omission of customs or quarantine officials, nots, strikes, civil commotions, hazards incident to state of ware, weather conditions, or delay of aircraft or other vehicles used in providing transportation services,
Acts or omissions of any Carrier or other entity or person to whom a shipment is tendered by Pakair for transportation beyond that provided by Pakair regardless of whether the Shipper requested or had knowledge of such a third party delivery arrangement,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT PAKAIR HAD KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET
While Pakair will endeavour to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules, PAKAIR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR THE DELAY IN PICK-UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF THE DELAY.
If the carriage of the goods involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable, and the Convention governs, and in most cases limits, the liability of the carrier (in respect of the loss, damage or delay to cargo) to 250 French Gold Francs per kilogram. The liability limit of 250 French Gold Francs per kilogram is approximately U.S $20.00 per kilogram on the basis of U.S $42.22 per ounce of gold. If a liability limitation is required in excess of this stated amount, the Shipper must give prior notice in order for Pakair to make alternative arrangements.
Pakair is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursements with the respect to the goods; and the Shipper Owner and Consignee shall be jointly and severally liable for the reimbursement thereof. Pakair shall not be under obligation to incur any expense or to make any advance in connection with the Shipment including re-forwarding of the goods except against repayment by the Shipper. If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be Consigned at such place to the person named on the face hereof as customs Consignee, or, if no such person be named, to the Carrier carrying the goods to such place or to such customs Consignee if any as such Carrier may designate. The Shipper guarantees payment of all charges and advances.
Pakair shall have a lien on the goods for all freight charges, customs duties, advances or charges of any kind arising out of this contract or carriage and may refuse to surrender possession of the goods until such charges are paid.
Damage or shortage must be reported in writing to Pakair or its agent within fourteen (14) days from the date the shipment is placed at the disposal of the person entitled to delivery of the shipment or in the event of non-delivery, seven (7) days from the date of the issue of the air waybill. Pakair must receive all claims within twenty one (21) days from the date of issue of the air waybill. Notwithstanding any of the foregoing, no claim for damage, shortage or non-delivery will be entertained until all transportation charges have been paid.
Pakair does not accept combustible or explosive materials; precious metals or stone in any form, negotiable securities, negotiable instruments, currency, uncancelled postage or revenue stamps, cashier’s stamps, cashier’s cheques, antiques, livestock (except Animals used in Medical research) or plants, or any other perishable commodities, (except Blood products, diagnostic samples or other authorised Medical related perishables) and in the event that any Shipper should tender such items to Pakair, the shipper shall indemnify Pakair for all claims, damages, and expenses arising in connection therewith and Pakair shall have the right to deal with such items as it shall see fit, including the right to abandon Carriage of the same immediately upon Pakair having knowledge that such items have been tendered.
Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the Consignee named on the face hereof. Notice of arrival of the goods, where required, will, in the absence of other instructions, be sent to the Consignee or the person to be notified by ordinary methods. Pakair is not liable for non-receipt or delay in receipt of such notice
Pakair assumes no obligation to forward the goods by any specified carrier or over any particular route or routes or to make connection at any point according to any particular schedule, and Pakair is hereby particular schedule, and Pakair is hereby authorised to select, or deviate from, the routes of shipment, notwithstanding that the same may be stated on the face hereof.
The Shipper warrants the shipment is packed to protect the enclosed goods and to ensure safe transportation with ordinary care in handling, and that each package is appropriately labelled and is in good order for Carriage. All Shipments may, at Pakair's option, be opened and inspected.
The Shipper shall comply with all the applicable laws, customs and other government regulation so any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and provide such documents as may be necessary to comply with such laws and regulations. Pakair is not liable to the Shipper or any other person for loss or expense due to Shipper’s failure to comply with this provision.
Shipper agrees that Pakair may accept the booking as a Shipper’s letter of instructions, authorising Pakair to act as Shipper’s agent for export control and customs purposes. Pakair assumes no liability whatsoever for failure to act as Shipper’s agent as provided in this article.
These conditions of contract and any interpretation or dispute arising there from, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts, respectively of the United Kingdom.
PAKAIR IS NOT COMMON CARRIER, and will only carry goods subject to these conditions.