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RULE NO. 115: CLAIMS/ACTIONS - PROCEDURES AND TIME LIMITATIONS:

  1. Receipt without exception or complaint by the person entitled to delivery of the cargo is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.
  2. No action shall be maintained in the case of damage to or partial loss of cargo unless a written notice sufficiently describing the cargo concerned, the approximate date of the damage, and the details of the claim is presented to an office of carrier within fourteen (14) days from the date of receipt of the goods, in the case of delay unless presented within fourteen (14) days from the date the cargo is placed at the disposal of the person entitled to delivery of the consignment, and in the case of loss (including non-delivery) unless presented within one-hundred twenty (120) days from the date of issue of the air waybill.
  3. All other claims, except any claims relating to personal injury or death, and claims for overcharges, must be made in writing within one-hundred fifty (150) days from the date of issue of the air waybill.
  4. Any right to damage in connection with any claim other than a claim relating to personal injury or death and claims for overcharges against carrier shall be extinguished unless an action is brought within two (2) years after the occurrence of the events giving rise to the claim, or the air waybill date, whichever is most recent.
    EXCEPTION: The carrier will not be liable in any action brought to enforce a claim unless the applicable provisions of this rule have been complied with by the claimant and unless such action is brought within two (2) years after the date written notice is given to the claimant that the carrier has disallowed the claim in whole or in part.
  5. All merchandise must be retained in the original shipping container for a period of five (5) days after the Carrier has received notice of damage or concealed loss, in order that the Carrier may make inspection thereof.
  6. No claim for loss or damage to a shipment will be entertained until all transportation charges thereon have been paid.  The amount of the claim may not be deducted from transportation charges.

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