NOTICE CONCERNING CARRIERS’ LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure the warsaw convention may be applicable and the convention governs and in most cases limits the liability of the carrier in respect of loss, damage or delay to cargo to 250 french gold francs per kilogramme unless a higher value is declared in advance by the shipper and a supplementary charge paid if required. The liability limit of 250 french gold francs per kilogramme is approximately u.s. $20.00 per kilogramme on the basis of u.s. $42.22 per ounce of gold.
For transportation wholly within canada a shipment shall have a declared value of $1.10 per kilogramme (but not less that $50.00).
(b) to the extent not in conflict with the foregoing, carriage hereunder and other services performed by each Carrier are subject to:
(i) applicable laws (including national laws implementing the Convention), government regulations, orders and requirements.
(ii) provisions herein set forth, and
(iii) applicable tariffs, rules, conditions of carriage, regulations and timetables (but not the times of departure and arrival therein) of such carrier, which are made part hereof and which may be inspected at any of its offices and at airports from which it operates regular services in transportation between a place in the United States or Canada and any place outside thereof the applicable tariffs are the tariffs in force in those countries.
NOTE: Notwithstanding any other provision, for foreign air transportation as defined in the U.S. Federal Aviation Act. as amended, in case of loss or damage or delay of a shipment or part thereof, the weight to be used in determining the carrier’s limit of liability shall be the weight which is used (for a pro rate share in the case of a part shipment loss, damage or delay) to determine the transportation charge for such shipment.
(b) Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Except within U.S.A. where carrier tariffs will apply. Carrier may substitute alternate carriers or aircraft and may without notice and with due regard to the interests of the shipper substitute other means of transportation. Carrier is authorized to select the routing or to change or deviate from the routing shown on the face hereof. This Subparagraph is applicable only to/from U.S.A..
(b) when no part of the consignment is delivered, a claim with respect to such consignment will be entertained even though transportation charges thereon are unpaid.
(i) if visible damage to the goods, immediately after discovery of the damage and at the latest within 14 days from receipt of the goods.
(ii) of other damage to the goods, within 14 days from the date of receipt of the goods.
(iii) of delay, within 21 days of the date the goods are placed at his disposal, and
(iv) of non-delivery of the goods, within 120 days from the date of the issue of the Air Waybill.
(b) for the purpose of Subparagraph (a) above complaint in writing 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 who performed the transportation during which the loss, damage or delay took place.
(c) 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 transportation stopped.