
RULE NO. 75: SHIPPER’S RIGHT OF DISPOSITION:
- EXERCISE OF RIGHT OF DISPOSITION: Every exercise
of the right of disposition must be made by the shipper or his designated agent,
if any, and must be applicable to the whole consignment under a single air waybill.
The right of disposition over the cargo may only be exercised if the shipper or
such agent produces the part of the air waybill which was delivered to him. Instructions
as to disposition must be given in writing to carrier. In the event that
the exercise of the right of disposition results in a change of consignee, such
new consignee shall be considered to be the consignee appearing on the air waybill.
- SHIPPER’S OPTION: Subject to their liability
to carry out all their obligations under the contract of carriage and provided
that this right of disposition is not exercised in such a way as to prejudice
carriage or other shippers, the shipper may dispose of the cargo either:
- By withdrawing it at the airport
of departure or of destination;
- By stopping it in the course of the
journey on any landing;
- 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
- By requiring it to be returned to
the airport of departure.
- PAYMENT OF EXPENSES: The shipper shall be liable
for and shall indemnify carrier for all damage suffered or incurred by carrier
as a result of the exercise of this right of disposition. The shipper shall reimburse
carrier for any expenses occasioned by the exercise of his right of disposition.
- CARRIER’S INABILITY TO COMPLY: If it is not practicable
to carry out the order of the shipper, carrier shall so inform him promptly.
The cost of so doing attaches to the cargo.
- EXTENT OF SHIPPER’S RIGHT: The shipper’s right
of disposition shall cease at the moment when, after arrival of the cargo at destination,
the consignee or his agent takes possession of the consignment, or otherwise shows
acceptance of the cargo. Nevertheless, if the consignee declines to accept the
air waybill or the cargo, or if he cannot be communicated with such right of disposition
shall continue to vest in the shipper.
