
RULE NO. 80: DELIVERY, PROVISIONS AND REQUIREMENTS
- DELIVERY TO CONSIGNEE:
- Except as specifically provided in the air waybill,
delivery of the consignment will be made to the consignee named on the face of
the air waybill, unless such consignee is one of the carriers participating in
the carriage, in which event delivery shall be made to the person indicated on
the face of the air waybill as the person to be notified. Delivery to the consignee
shall be considered to have been affected when the consignment has been delivered
to customs or other government authorities as required to enable the consignee
to obtain release of the consignment and Carrier has forwarded the notice of arrival
referred to in Paragraph B of this rule.
- Delivery of the consignment shall be made by
Carrier only upon written receipt of the consignee and upon compliance with all
other applicable terms and conditions of the air waybill and of this tariff.
- Carrier will not accept instructions from the
shipper to obtain, prior to release of a shipment to the consignee, proof of payment
for the consignment or acceptance of a draft check or bill of exchange.
- NOTICE OF ARRIVAL: Unless the consignment is
to be re-forwarded in accordance with Rule No. 95 herein, notice of arrival of
the consignment will in the absence of other instructions be given to the consignee
or the person to be notified, such notice will be given by ordinary methods.
Carrier is not liable for non-receipt or delay in receipt of such notice.
- PLACE OF DELIVERY: The consignee or his agent
must accept delivery of and collect the consignment at the airport of destination
unless the shipment is to be re-forwarded in accordance with Rule No. 95 herein.
- FAILURE OF CONSIGNEE TO TAKE DELIVERY:
- Subject to the provisions in Paragraph E hereof,
if the consignee refuses or fails to take delivery of the consignment after its
arrival at the place of delivery, carrier will endeavor to comply with any instructions
of the shipper set forth on the face of the air waybill. If no such instructions
are so set forth, or if such instructions cannot be complied with, carrier, after
forwarding to the shipper notice of the failure of the consignee to take delivery,
will:
- return the consignment to the airport of departure,
there to await instructions of the shipper; or
- after holding the consignment for a period of
not less than (30) days, sell such consignment in one or more lots at public or
private sale.
- The shipper and owner are liable for all charges
and expenses resulting from or in connection with the failure to take delivery
of the consignment including, but not limited to, carriage charges incurred in
returning the consignment. If the consignment is returned to the airport of departure
and the shipper or owner refuses or neglects to make such payments within 15 days after such return, carrier will dispose of the consignment or any part
thereof at public or private sale after giving the shipper at the address stated
on the air waybill 10 days notice of its intention to do so.
- In the event of the sale of the consignment as
provided for above, either at the place of destination or at the place to which
the consignment has been returned, carrier will pay out the proceeds of such sale
all charges, advances and expenses plus costs of sale, holding any surplus subject
to the order of the shipper. A sale of any consignment shall, however, not discharge
the shipper and/or owner of any liability hereunder to pay any deficiencies due
to carrier.
- DISPOSAL OF PERISHABLES: When a consignment containing
perishable articles is delayed in the possession of carrier, is unclaimed or refused
at place of delivery, or for other reasons is threatened with deterioration, carrier
will immediately take such steps necessary 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 at the cost
of the shipper, the storage of the consignment or any part thereof at the expense
of the shipper, or the disposition of the consignment or any part thereof at public
or private sale without notice. The sale of any such consignment however, shall
not discharge the shipper of any liability to pay any charges and expenses due
carrier.
