Conditions of carriage outside of Australia

1.1

"agent" means, except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of carrier in relation to the carriage of cargo.

1.2

"air waybill" means the document entitled "Air Waybill" made out by or on behalf of the shipper which evidences the contract between the shipper and carrier for carriage of cargo over routes of carrier.

1.3

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1.4

"applicable Convention" means the international conventions relating international carriage by air known as the Warsaw Convention 1929 (as amended) and the Montreal Convention 1999 (as amended).

1.5

"cargo" (which is equivalent to the term "goods"), means anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an air waybill or shipment record.

1.6

"carriage" means carriage of cargo by air or by another means of transport, whether gratuitously or for reward.

1.7

"carrier" includes the air carrier issuing the air waybill or preserving the shipment record and each of the [all] carriers that carry or undertake to carry cargo or to perform any other services related to such air carriage, as the context requires.

1.8

"charges collect" means the charges entered on the air waybill or shipment record for recollection from the consignee against delivery of the shipment.

1.9

"consequential loss" means any indirect or consequential loss, including loss of profits, pure economic loss, loss due to delay, loss of business revenue, loss of business opportunities, loss of anticipated savings or damage to goodwill or reputation.

1.10

"consignor" means the person whose name appears on the air waybill or shipment record, as the party consigning the cargo for delivery by the carrier.

1.11

"consignee" means the person whose name appears on the air waybill or shipment record, as the party to whom the shipment is to be delivered by carrier.

1.12

"customs clearance agent" means a customs broker or other agent of the consignee designated to perform customs clearance services.

1.13

"dangerous goods" means cargo or substances of which cargo are comprised which are capable of posing a risk to health, safety, property or the environment and fall within one or more of the International Civil Aviation Organization classifications of dangerous goods or are otherwise liable to cause damage to any person or property whatsoever.

1.14

"days" means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is despatched shall not be counted.

1.15

"shipment" means the piece or pieces of cargo covered by one air waybill or shipment record.

1.16

"shipment record" means any record of the contract of carriage preserved by carrier, evidenced by means other than an air waybill.

1.17

"shipper" means the person whose name appears on the air waybill or shipment record, as the party contracting with carrier for carriage.

1.18

"Special Drawing Right" or “SDR” means a Special Drawing Right as defined by the International Monetary Fund.

1.19

Words importing a particular gender include other genders.

General

2.1

These conditions shall apply to all carriage of cargo, and all other services incidental thereto, performed by or on behalf of carrier. Any carriage that is "International Carriage" as defined in the applicable Convention (see clause 1.3) shall be subject to the provisions of the applicable Convention and to these conditions, to the extent that these conditions are not inconsistent with the provisions of such Convention.

Applicable laws and carrier's conditions

2.2

All carriage and other services performed by carrier are subject to:

2.2.1

applicable laws (including national laws implementing a Convention or extending the rules of the applicable Convention to carriage which is not "International Carriage" as defined in the applicable Convention) government regulations, orders and requirements; and

2.2.2

these conditions and other applicable conditions, rules, regulations and time-tables (but not the times of departure and arrival therein specified) of carrier which are available at https://freight.qantas.com.

 E-freight agreement

2.2.3

Where carrier has entered into an e-freight agreement for carriage of cargo using electronic data interchange (an “e-freight agreement”) with a freight forwarder and that freight forwarder, as the shipper or as agent for the shipper, has issued a shipment record for a shipment, the terms and conditions of that e-freight agreement shall apply and these conditions shall not apply except to the extent provided in the e-freight agreement.

Gratuitous carriage

2.3

With respect to gratuitous carriage, carrier reserves the right to exclude the application of all or any part of these conditions.

Charters

2.4

With respect to carriage of cargo performed pursuant to a charter agreement with carrier, such carriage shall be subject to the terms and conditions of the charter contract entered into by carrier, and these conditions shall not apply except to the extent provided in said charter conditions.

Where there is no separate charter contract applicable to such charter agreement, these conditions shall apply to such charter agreement.

Updates to conditions, rates and charges

2.5

These conditions and the published rates and charges are subject to change, but any such changes shall not apply to an existing contract of carriage entered into before the change. The date of issuance of the air waybill by carrier or the date the rate or charge for the carriage has been entered in the shipment record, are the date on which these conditions are in effect. Carrier will notify a change of these conditions, published rates and charges by publication on its website https://freight.qantas.com.

Effective rules

2.6

All carriage of cargo governed by these conditions shall be subject to carrier's rules, regulations and tariffs in effect on the date of issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these conditions and carrier's rules, regulations and tariffs, these conditions shall prevail.

Waiver

2.7

No employee, representative or agent of carrier nor any other person has any authority or power to alter, modify, waive or vary any provision of the contract of carriage or these conditions unless such waiver or variation is in writing and signed by an executive officer of carrier.

Exclusions from liability to subsist

2.8

To the extent permitted by law, including as permitted by the Australian Consumer Law, all rights, limitations and exclusions from liability in these conditions shall continue to have their full force and effect according to their terms notwithstanding any breach of this contract or of any of its provisions by carrier or any other person entitled to benefit from such provisions.

Severability

2.9

A provision or part of any provision of an air waybill or shipment record or these conditions that is unenforceable may be severed from these conditions and the remaining provisions, conditions or parts shall continue in force.

Cargo acceptable

3.1

Carrier undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by carrier's regulations and provided:

3.1.1

carriage, exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to or over;

3.1.2

they are packed in a manner suitable for carriage;

3.1.3

they are accompanied by the requisite shipping documents; and

3.1.4

they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.

Refusal of carriage

3.2

Carrier reserves the right without assuming any liability to refuse to accept any cargo for carriage in its own absolute discretion.

Packing and marking of cargo

3.3.1

Suitable and safe packing
Shipper is responsible for ensuring that cargo is packed in an appropriate manner adequate to withstand the ordinary risks of air carriage and carriage by other means of transportation having regard to its nature, so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property.

3.3.2

Marking
Each package shall be legibly and durably marked with the name and full address of the shipper and consignee or one or more pieces in a shipment shall be so marked with all other pieces in the shipment being appropriately referenced thereto.

3.3.3

Protection from exposure to weather
Shipper is responsible for packing cargo so as to protect it from all weather conditions to which it may be exposed, including but not limited to rain, wind, heat and cold. Please see https://freight.qantas.com/ for guidance on packaging which may be appropriate.

3.3.4

Valuables
If requested by carrier, packages containing valuables must be sealed by a method approved by carrier.

Valuation of shipment

3.4

Carrier may refuse carriage of shipments having a declared value for carriage in excess of A$250,000. Cargo having a declared value over this amount will be treated as special cargo and may be subject to additional security and handling conditions and additional charges agreed with the shipper.

Refusal of C.O.D. shipments

3.5

Carrier will not accept shipments on a cash-on-delivery basis.

Cargo acceptable only under prescribed conditions

3.6

Dangerous goods, live animals, perishables, fragile goods, human remains, bullion, currency including notes and coins, negotiable instruments, precious stones, jewellery, antiques, works of art, and any other special cargo are acceptable only under the conditions laid down by carrier for carriage of such cargo.

Carriage of perishables

3.7

Shipments of perishables must be packed and documented strictly in accordance with carrier's special handling procedures set out in Schedule 1 which is incorporated and forms part of these conditions. In the event of deterioration of such a shipment for whatever reason, carrier in its sole discretion may take such steps as it deems appropriate.

Responsibility for no-observance of conditions relating to special cargo

3.8

The shipper shall indemnify carrier for any loss, damage, delay, liability or penalty which carrier may incur because of any non-observance of any condition relating to carriage of any special cargo except to the extent such loss, damage, liability or penalty was caused by the fraud, negligence or wilful misconduct of the carrier or to the extent set out in the applicable Convention.

Dangerous goods

3.9

The shipper shall not tender for carriage any dangerous goods, oxidising or incendiary device, volatile or explosive cargo or cargo which is or may become dangerous, inflammable or offensive or which is or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of such cargo.

If in the sole opinion of carrier the cargo becomes or is likely to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, the cargo may as required at law or in the interests of safety retained, destroyed, disposed of, abandoned or rendered harmless by carrier. Where possible carrier will give shipper prior notice of such action by carrier and agree the action with shipper.

The shipper shall be liable for all loss and damage caused by such dangerous, inflammable, explosive, volatile, offensive or damaging in nature cargo, except to the extent such loss or damage was caused by the fraud, negligence or wilful misconduct of carrier.

Compliance with laws and regulations

3.10

The shipper warrants that:

(i)             they have complied with all the Technical Instructions for the Safe Transport of Dangerous Goods by Air, issued by the International Civil Aviation Organization and all laws and regulations relating to the nature, packaging, labelling, storage or carriage of cargo, and

(ii)           the cargo is packed in a manner adequate to withstand the ordinary risks of carriage having regard to its nature.

The shipper indemnifies carrier for any liability and all costs and expenses resulting from or arising out of the shipper's failure to comply with each of these warranties, except to the extent such liability, costs or expenses arose by or was caused by the fraud, negligence or wilful misconduct of the carrier.

Carrier's right of inspection

3.11

Carrier reserves the right to inspect the packaging and contents of all shipments (which may include security screening by Explosive Trace Detection, X-Ray and/or physical search) and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment. Carrier shall be under no obligation to undertake the inspection or enquiry.

Unit load devices

3.12

When the shipper undertakes to load a unit load device (ULD) they must comply with carrier's loading instructions. The shipper will be liable for, and shall indemnify carrier against all liability, costs or expenses arising out of any non-compliance with such instructions, except to the extent such liability, costs or expenses arose by or was caused by defective loading instructions.

Air waybill

4.1

Subject to clause 4.2, the shipper shall make out, or have made out on their 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 cargo by carrier for carriage.

Carrier may require the shipper to make out, or have made out on their behalf, separate air waybills when there is more than one package or when the shipment cannot be carried in one aircraft or cannot, without breach of government or carrier's regulations, be carried on one air waybill.

Shipment record

4.2

Carrier may accept in substitution for the delivery of an air waybill a shipment record to preserve a record of the carriage to be performed. If requested by the shipper, the carrier shall deliver to the shipper (in accordance with carrier's regulations) a goods receipt permitting identification of the shipment and access to the information contained in the shipment record.

Apparent condition and/or packing of cargo

4.3

If the apparent order and condition of cargo and/or packing 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 cargo, to enable carrier to insert an appropriate reference 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 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 cargo, or note a correction thereto but carrier is under no obligation to do so.

Preparation, completion or correction by carrier

4.4

Carrier may at the request of the shipper express 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.

Should any of the required particulars in the air waybill be irregular, incorrect or incomplete, the carrier shall be entitled to correct and alter the relevant particulars to ensure their accuracy and completeness. The carrier's particulars as to gross weight of the cargo shall be conclusive evidence as against the shipper and consignee, of the gross weight of the shipment.

Responsibility for particulars 4.5

4.5.1

The shipper is responsible for the correctness of the particulars and statements relating to cargo inserted by the shipper or on their behalf in the air waybill or furnished by the shipper or on their behalf to carrier for insertion in the shipment record.

The shipper shall indemnify carrier against all damage suffered by the shipper or by any other person (including the shipper) to whom carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the shipper or on their behalf except to the extent such loss, damage, liability or penalty was caused by the fraud, negligence or wilful misconduct of the carrier.

4.5.2

The shipper's particulars as to value shall be conclusive evidence, as against the shipper and consignee, of the value of the shipment. Where no value is declared, the shipper warrants that the shipment requires no special security or handling.

Alteration

4.6

Air waybills, the writing on which has been altered or erased, need not be accepted by carrier.

Applicable rates and charges

5.1

Rates and charges for carriage governed by these conditions are those duly published by carrier and in effect on the date of issuance of the air waybill by carrier, or on the date the rate or charge for the carriage has been entered in the shipment record.

Basis of rates and charges

5.2

Rates and charges will be based on the units of measurement and subject to the rules and conditions published in carrier's regulations and rate tariffs in effect on the date of issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable.

Services not included in published rates and charges

5.3

Except as otherwise provided in carrier's tarriffs, rates and charges apply only from airport to airport and do not include any ancillary service given by carrier in connection with carriage.

Payment of charges

5.4.1

Payment rate
Rates and charges are published in the currency shown in the applicable rate tariffs and may be paid in any currency acceptable to carrier. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by carrier, the current statement of which is available for inspection at carrier's office where payment is made.

5.4.2

Payment due
All applicable charges, fees, duties, taxes, charges, advances, payments and any other sums, made, incurred or to be incurred by carrier for the carriage of cargo, will be deemed fully payable and due upon acceptance of the cargo by carrier and may be paid by electronic settlement by arrangement with carrier.

5.4.3

Shipper's guarantee
Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to cargo. The shipper guarantees payment of all unpaid charges, advances and disbursements of carrier related to the carriage of the cargo.

The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which carrier may incur or suffer by reason of the inclusion in the shipment of:

(i)  articles the carriage of which is prohibited by law; or
(ii)  the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of cargo, or incorrect statement of weight or volume.

5.4.4

Payment for excess
If the gross weight, measurement, quantity or declared value of cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, carrier shall be entitled to require payment of the charge on such excess.

5.4.5

Charges collect shipments
Carrier reserves the right to refuse shipments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries.

5.4.6

Cancellation and no-show fees
Carrier may, from time to time, impose a fee if the shipper cancels a confirmed booking within a certain period prior to scheduled departure, or if no shipment is lodged. Any such fees and details of when these fees apply will be published on carrier’s website. Any variation shall not apply to a pre-existing contract of carriage in accordance with clause 2.5.

Carrier's general lien

5.5

Carrier shall have a lien on the cargo, any related documents and any other cargo of the shipper in the possession of carrier including related documents, covering all amounts due but unpaid to the carrier.

In the event of non-payment, carrier shall have the right to sell the cargo by public auction or private sale provided that carrier shall have given prior notice by email, courier or mail to the shipper or to the consignee at the address stated in the air waybill or shipment record and the opportunity to pay outstanding amounts prior to such auction or sale. The periods of notice shall be in respect of non-perishable cargo, if no payment is received within 30 days of notice and in respect of perishables, within 24 hours, after which carrier may sell the shipment.

No auction or sale shall discharge any liability to pay any deficiencies, for which the shipper shall remain liable.

Compliance with government regulations

6.1.1

The shipper shall comply with all applicable laws, customs and other government regulations, 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 the shipper or any other person for loss or expense due to shipper's failure to comply with this provision. The shipper shall indemnify carrier against any damage occasioned by the failure of the shipper to comply with this provision except to the extent such damage, loss or expense arose by or was caused by the fraud, negligence or wilful misconduct of the carrier.

6.1.2

Carrier shall not be liable for deferring or refusing to carry any article or shipment if carrier reasonably determines in good faith that such deferral or refusal is required by any applicable law, government regulation, demand, order or requirement or is made in good faith out of concerns for safety.

Disbursements and customs formalities

6.2

No carrier shall be under obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of cargo except against prepayment by the shipper.

If it is necessary to make customs entry of 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, cargo shall be deemed to be consigned to carrier carrying cargo to such place. For any such purpose a copy of the air waybill, or of the shipment record, certified by carrier shall be deemed original.

Schedules, routings, delays, and cancellations

6.3.1

Timetables
Times shown in carrier's timetables 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 cargo with reasonable despatch but assumes no obligation to carry 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 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 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

Substitution of carrier and carriage
Carrier may without notice substitute alternate carriers or deliver the shipment to another transportation service for other means of carriage or subcontract in accordance with clause 10.

6.3.3

Cancellations
Carrier reserves the right to cancel, terminate, divert, postpone, delay or advance any flight, or the further carriage of any cargo, or to proceed with any flight without all or any article of cargo, for operational reasons. Where possible carrier will give shipper notice of such operational change.

6.3.4

No liability in event of delay
In the event any flight is so cancelled, 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, diverted, postponed, delayed, advanced or terminated, carrier shall not be under any liability with respect thereto except in accordance with the applicable Convention.

6.3.5

Storage or transfer in event of termination
In the event the carriage of the shipment or any part thereof is unable to be fulfilled by carrier, delivery by carrier to any transfer agent for transfer taking reasonably appropriate steps in the circumstances shall be deemed completed delivery under the relevant air waybill or shipment record. In the event this occurs the carrier shall give notice to the shipper or to the consignee, at the address stated in the air waybill or shipment record and will be under no further obligation.

Carrier may, but shall not be obliged to, forward the shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee for onward carriage by any means of transportation on behalf of the shipper or the consignee. The cost of doing so attaches to cargo.

6.3.6

Priority of carriage
Subject to applicable 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 a 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 any articles are removed from a shipment, carrier will not be liable to shipper or consignee or to any other party for any consequences, subject to the applicable Convention.

Carrier's right to store

6.4

If in the reasonable 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 at the address stated in the air waybill or shipment record, 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.

Right to alter delivery instructions

7.1

Every exercise of this right must be made by the shipper or the shipper's designated agent, if any, and must be applicable to the whole shipment under a single air waybill or shipment record. The right of alteration over cargo may only be exercised if the shipper or such agent produces the part of the air waybill or shipment record which was delivered to the shipper, or communicates such other form of authority as may be prescribed by carrier.

Alteration of delivery instructions must be given (in writing) in the form prescribed by carrier. In the event that the exercise of the right results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the air waybill or in the shipment record.

Shipper's option

7.2.1

Subject to the shipper's liability to carry out all its obligations under the contract of carriage and provided that this right of alteration of delivery instructions is not exercised in such a way as to prejudice carrier or other shippers, the shipper may at its own expense dispose of cargo either:

7.2.1.1 - by withdrawing it at the airport of departure or of destination; or

7.2.1.2 -by stopping it in the course of the journey on any landing; or

7.2.1.3 - by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill or shipment record; or

7.2.1.4 - by requiring it to be returned to the airport of departure;

7.2.2

If, in the opinion of carrier acting reasonably, it is not practicable to carry out the order of the shipper, carrier shall endeavour to inform the shipper promptly.

Payment of expenses

7.3

The shipper shall be liable for and shall indemnify carrier for all costs, expenses or loss suffered or incurred by carrier as a result of the exercise of its right to alter delivery instructions and shall reimburse carrier for any expenses occasioned by the exercise of this right.

Extent of shipper's rights

7.4

The shipper's right to alter delivery instructions shall cease at the moment when, after arrival of cargo at the destination, the consignee takes possession or requests delivery of cargo or air waybill, or otherwise shows acceptance of cargo.

Nevertheless, if the consignee declines to accept the air waybill or cargo, or if the consignee cannot be communicated with, such right of alteration shall continue to vest in the shipper.

Notice of arrival

8.1

Notice of arrival of the shipment will, in the absence of other instructions, be sent 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 sent by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.

Delivery of shipment

8.2

Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee named therein, or its agent or such other person as produces the shipper's authority to carrier for delivery of the goods. Carrier shall not be bound to enquire into the correctness of such authority. Delivery to the consignee shall be deemed to have been effected:

8.2.1 - when carrier has delivered to the consignee or its agent any authorisation from carrier required to enable the consignee to obtain release of the shipment; or

8.2.2 - when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation; or

8.2.3 -if applicable law or regulation does not require delivery to government authorities, when consignee, its agent or person presenting consignee's authority takes delivery of cargo from carrier.

Place of delivery

8.3

The consignee must accept delivery of and collect the shipment at the airport of destination.

Receipt by consignee

8.4

Receipt of cargo by the consignee without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

Failure of consignee to take delivery

8.5.1

Shipper's instructions
Subject to the provisions of clause 8.2, 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 shipment record.

8.5.2

Right of sale if no instructions
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 the shipper’s instructions. If no such instructions are received within 30 days, in respect of non-perishables, and within 24 hours, in respect of perishables, carrier may sell the shipment in one or more lots at public or private sale, after giving the shipper reasonable notice of its intention to do so, store the shipment or any part of it or destroy or abandon such shipment.

8.5.3

Shipper's liability for charges and expenses
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 and carriage charges incurred in returning the shipment if so required by the shipper's instructions. 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 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.

Disposal of perishables

8.6.1

Carriage
When a shipment containing perishables is delayed in the possession of carrier, is unclaimed or refused at place of delivery, or for other reasons is likely to deteriorate, carrier may immediately in its sole discretion take such steps as it deems appropriate, including but not limited to:

8.6.1.1 - the disposal of the shipment or any part thereof at public auction or private sale with reasonable notice to the shipper, to the extent possible; 

8.6.1.2 - the storage of the shipment or any part thereof; or

8.6.1.3 - the destruction or abandonment of all or any part of the shipment.

8.6.2

Proceeds of sale
In the event of sale under clauses 5.5, 8.5.2, 8.5.3 or 8.6.1, carrier is authorised to pay itself out of the proceeds, all charges, advances and expenses and to account to the shipper in respect of any balance of such proceeds.

Liability for costs and charges

8.7

When consignee accepts delivery of the air waybill and/or the shipment, the consignee shall become liable for payment of all unpaid costs and charges in connection with the carriage and carrier will release the shipment to the consignee upon payment of these costs and charges. Unless otherwise agreed the shipper shall not be released from its own liability for these costs and charges.

Authority to tender cargo for carriage

9.1

It is agreed that any person who tenders cargo to carrier for carriage for or on behalf of the shipper is authorised to do so subject to these conditions.

Shipper's authority

9.2

The shipper warrants that in agreeing to these conditions it has the authority of the person or persons owning or having any interest in the cargo or any part thereof. Where the shipper acts or purports to act as agent for the consignee the shipper shall warrant that it has authority to do so. Carrier is under no obligation to verify the ownership or other interest of any cargo.

Shipper's indemnity

9.3

Without prejudice to the generality of the foregoing, shipper undertakes to indemnify carrier in respect of any liability whatsoever and howsoever arising in connection with carriage of cargo to any person (other than shipper) who claims to have, who has or who may hereafter have any interest in cargo or any part thereof.

Limitation of liability

12.1

Subject to 12.4, unless the shipper has made a special declaration of value for carriage and has paid the supplementary sum applicable, liability of carrier shall not exceed the applicable Convention limit.

If the shipper has made a special declaration of value for carriage, it is agreed that any liability shall in no event exceed such declared value for carriage stated on the face of the air waybill or included in the shipment record. All claims shall be subject to proof of value.

Where the Warsaw and Montreal Conventions do not apply

12.2

For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, but which is subject to these conditions of carriage for cargo, carrier’s liability limitation is 26 SDR per kilogram unless a greater limitation is expressly stated on the applicable air waybill or in any applicable tariff filed by the carrier.

Inherently defective cargo

12.3

In any event, carrier is not liable if the destruction, loss or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo.

Contributory negligence

12.4

If the damage was caused or contributed to by the negligence or other wrongful act or omission of the claimant, or the person from whom rights are derived, carrier 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.

Animals

12.5

Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal (as classified in IATA Live Animal Regulations) caused or contributed by:

(i)  the conduct or acts of the animal itself or of other animals, including but not limited to biting, kicking, goring or smothering;
(ii)  the condition, nature or propensities of the animal;
(iii)  by defective storage or containment of the animal; or
(iv)  by the inability of the animal to withstand unavoidable changes in its physical environment, inherent in the carriage by air or other means of transportation.

Applicable weight

12.6

In the case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which carrier's liability is limited shall be only the weight of the affected part of that shipment where unpackaged, or otherwise the package or packages concerned.

Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

Determination of value

12.7

In the absence of proof to the contrary, the value of any such part of the shipment lost, damaged or delayed as the case may be, shall be determined by reducing the total value of the shipment in the proportion that the weight of that part of the shipment lost, damaged or delayed has to the total weight of the shipment.

Indemnity

12.8

Shipper whose cargo causes damage to or destruction of another shipment or of the property of carrier, shall indemnify carrier for all losses and expenses incurred by carrier or the owner or shipper of the other cargo as a result thereof.

Liability of other carrier

12.9

Carrier issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier. Carrier shall not be liable for the loss, damage or delay of cargo not occurring on its own line. The shipper shall have a right of action for such loss, damage or delay against the first carrier and the consignee or other person entitled to delivery shall have such right of action against the last carrier, if different to the first carrier, under the contract of carriage.

Application of limitation of liability to agents

12.10

Whenever the liability of carrier is excluded or limited under these conditions, in accordance with applicable law, such exclusion or limitation shall apply to subcontractors, agents, servants or representatives of carrier and also to any carrier whose aircraft is used for carriage.

Consequential Loss

12.11

Carrier is not liable to shipper and shipper is not liable to carrier for consequential loss arising under these terms and conditions.

Australian Consumer Law

12.12.1

This contract is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit or exclude any rights you may have under the Competition and Consumer Act 2010 (Cth). These include consumer guarantees that services are provide with due care and skill, will be fit for a particular purpose and will be supplied within a reasonable time. In the event services are not provided in accordance with these consumer guarantees or otherwise in accordance with these conditions, then you may have a right to seek a remedy from us in accordance with the conditions and any applicable law, including the Australian Consumer Law.

12.12.2

If any guarantee, condition or warranty applies or is implied into these conditions under any law, then where permitted by law, and providing it is reasonable to do so, the carrier’s liability for breach of the guarantee, condition or warranty will be limited to either resupplying the service, or paying the cost of resupplying the service, in respect of which the breach occurred and otherwise will be limited to the maximum extent permitted by Law.

12.12.3

Where the carriage of cargo is for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported, the guarantees relating to the supply of services in the Australian Consumer Law does not apply.

Force Majeure

12.13

Where either carrier or the shipper is unable to carry out an obligation, whether wholly or in part, as a consequence of the occurrence of any event beyond their control including but not limited:

(i)  acts of god or forces of nature including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
ii)  war, accidents, acts of public enemies, terrorism, strikes, embargoes, perils of the air, local disputes or civil commotions;
(iii)  national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(iv)  industrial action or labour disputes;
(v)  government directions, orders, restrictions or controls; or
(vi)  criminal acts of third parties such as theft and arson,

that obligation is suspended to the extent it cannot be performed and neither party shall be liable for any delay of or failure in performing the obligation, however at all times, the requirement to make any payment for unaffected services will not be affected by such event.

Time limits on complaints

13.1

No action shall be maintained in the case of loss or damage to cargo unless a complaint is made to carrier in writing by the person entitled to delivery. Such complaint shall be made:

13.1.1

in the case of damage to or partial loss of the cargo, immediately after its discovery and at the latest within 14 days from the date of receipt of the cargo;

13.1.2

in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery;

13.1.3

in the case of non-delivery of the cargo, within 120 days of the date of issue of the air waybill or the date of the shipment record, whichever is applicable.

Time limit on action

13.2

Any right to damages against carrier shall be extinguished unless an action is brought within two years after the arrival or proposed time of arrival at the destination.