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Conditions of Contract

Conditions of Contract




AIR WAYBILL - CONDITIONS OF CONTRACT

CSC(32) 600b Expiry: Indefinite

Type: B

RESOLVED that:

The following Conditions of Contract and Notices be included on an Air Waybill¹.

I. NOTICE APPEARING ON THE FACE OF THE AIR WAYBILL

It is agreed that the goods described herein are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER'S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

II. CONDITIONS OF CONTRACT ON REVERSE SIDE OF THE AIR WAYBILL


NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
* This Resolution is in the hands of all IATA Cargo Agents.
¹ In order to ensure consistency with any future changes in liability limits for loss of, damage, or delay to cargo under Article 24 of the Montreal Convention, the IATA Secretariat is authorized to conform the provisions of this Resolution 600b (and any other affected Cargo Services Conference Resolutions or Recommended Practices) to such changes without further Conference action. Conforming changes shall take effect on the date specified in written notice to Members by the IATA Secretariat which shall include a copy of the revised Resolution.



CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon:

CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
that Convention as amended at The Hague on 28 September 1955;
that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier's conditions of carriage. The Carrier's conditions of carriage include, but are not limited to:

2.2.2.1 limits on the Carrier's liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier's right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier's liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier's tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier's tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier's limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier's limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier's agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

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

10.1.2 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.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper's failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.

 

Silkway Airlines

Reliability, punctuality, efficiency and safety are what you can expect from our experienced team at Silk Way Airlines. We are always ready to support our clients in organizing any charter flight and cargo shipment requested. We aim to be one of the leading cargo airlines on the continent, providing our customers with the best solutions for transportation of any kind of cargo on their cost benefits.

News & Updates

The Seventh International Caspian Air Cargo Summit 2017

The Seventh International Caspian Air Cargo Summit 2017 will be opened in Baku from 9 till 11 October at the Boulevard Hotel.


This international forum will bring again together key managers and executives of well-known worldwide companies to discuss options for the development of the cargo industry and identify the most promising areas in the market. More than 200 delegates will attend the two day discussions about current trends and forecasts in rapidly changing business environment.

Recently the footprint of Silk Way in main markets has been increased with more than 10 Boeing 747 all freighters does operate a true global network to more than 40 destinations week by week.

During years 2016 and 2017 the strong partnership with Cargolux, SW Italy and Sky Gates Russia Airlines has enabled Silk Way to make a quantum leap in their own development.

Doing more business with existing customers and at the same time winning more customers is the target of the whole group which is just been achieved.

Website: www.caspianaircargosummit.com

Official Facebook page: www.facebook.com/swwestairlines

Silk Way Airlines and Boeing sign contract on purchase of 10 Boeing-737 MAX planes

Azerbaijani air company Silk Way Airlines and the American airspace corporation Boeing have the contract for purchase of 10 passenger planes Boeing-737 MAX, Boeing-737 MAX.
The document was signed on April 14 in Baku by President of Silk Way Holding Zaur Ahundov and Senior Vice President of Boeing Marty Bentrott. Participating in the signing ceremony were AZAL President Jahangir Asgarov and Ambassador Extraordinary and Plenipotentiary of the USA to Azerbaijan Robert Sekuta.
Total sum of the agreement makes about $1bln.
Based on the primary discussion with Export-Import bank, for the first time in history of the civil aviation of Azerbaijan financing of the deal about acquisition of aircrafts was carried out without provision of state guarantees.
It is noteworthy that the agreement on supply of modern Boeing-737 MAX aircrafts was signed in summer of the past year within the framework of the international Farnborough Airshow-2016 hosted in Great Britain.
The first two new generation places will be delivered to Azerbaijan by the end of 2018 while the rest will come by the end of 2020.

Information from Azerbaijan State Civil Aviation Administration

An aviation accident has happened during the take-off of An-12 aircraft on May 18, at 14:30 local time at Dwyer airport of Afghanistan.

The aircraft had been leased from “Silk Way” company with the purpose of carrying out freight transportation within the territory of Afghanistan. The aircraft that arrived in Dwyer from Bagram (Afghanistan) had departed to the city of Mari (Turkmenistan) for refueling. There was no freight on the board of the aircraft.

Nine crew members were present on the board of the aircraft.

  1. Shaydanov Rashid Rahmanovich (Uzbekistan citizen), the captain of the aircraft, 1953.
  2. Abdullayev Altay Ogtay oglu (Azerbaijan citizen), the second pilot, 1971.
  3. Asadullayev Nazim Orujali oglu (Azerbaijan citizen), the navigator, 1968.
  4. Rzayev Nadir Adigozal oglu (Azerbaijan citizen), the flight engineer, 1964.
  5. Shahverdiyev Firdovsi Shir oglu (Azerbaijan citizen), the radio operator, 1964.
  6. Zulfiyev Azer Aghakishi oglu (Azerbaijan citizen), the flight operator, 1973.
  7. Zadnipryanets Ruslan Vladimirovich (Ukrainian citizen), the technician, 1969.
  8. Qanja Andrey Nikolayevich (Ukrainian citizen), the technician, 1955.
  9. Aliyev Ramzi Mamudovich (Ukrainian citizen), the technician, 1963.

 

According to the information obtained, the technicians Qanja Andrey and Aliyev Ramzi have survived the accident. Their condition is considered to be satisfactory.

Azerbaijan State Civil Aviation Administration has established a commission to investigate the accident. At present, Mukhtar Karimov, the chairman of the commission, the head of the department of Azerbaijan State Civil Aviation Administration and the members of the commission have parted for Dwyer airport to take part in the investigation of the accident.

“Silk Way” Airlines present their deepest condolences to the families and friends of those killed in the plane crash.

Azerbaijan has signed an agreement with Ukraine about the purchasing of 10 aircraft “AN-178”

“Silk Way” company of Azerbaijan and “Antonov” state enterprise of Ukraine signed an Agreement about purchasing 10 “An-178” type average capacity transportation aircrafts.


Zaur Akhundov, the President of “Silk Way” aviation company and Dmitriy Kiva, the President and chief designer of “Antonov” state enterprise signed the document.


After signing this Agreement Zaur Akhundov was presented the model of “An-178” aircraft. It was noted that this was the first Agreement regarding the sale of the mentioned aircrafts of this enterprise.


The first test flight of “An-178” aircraft was carried out before signing the Agreement. The test flight went successfully.

 

2011 Air Cargo Americas International Congress and Exhibition

The 2011 Air Cargo Americas International Congress and Exhibition opens at the Miami Airport Convention Center on November 02nd, 2011.
For 3 days, the largest air cargo event in the Western Hemisphere will attract and offer opportunities for companies to market their products and services to the leading manufacturers, exporters, freight forwarders, importers and distributors. Silk Way Airlines, supported by their New York, Miami, Houston and Chicago offices, will exhibit and welcome all delegates to visit Booth No. 822.

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