Rule No. 75: SHIPPER’S RIGHT OF DISPOSITION

  1. 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.
  2. 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:
    1. By withdrawing it at the airport of departure or of destination;
    2. By stopping it in the course of the journey on any landing;
    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
    4. By requiring it to be returned to the airport of departure.
  3. 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.
  4. 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.
  5. 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.

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