Home / Press Room / Notices & Announcements / General Conditions of International Carriage for

 General Conditions of International Carriage for

Cargo of Shunfeng Airlines Company Limited

 

 

 

 

 

Table of Contents

 

Chapter 1   Definitions

Chapter 2   Scope of Application

Chapter 3   Acceptance of Cargo

Chapter 4   Shipping Documents

Chapter 5   Tariff and Charge

Chapter 6   Cargo Carriage

Chapter 7   Cargo Disposition by the Shipper

Chapter 8   Delivery

Chapter 9   Successive Carrier

Chapter 10  Responsibility of the Carrier

Chapter 11  Time Limit for Dissidence and Litigation

Chapter 12  Laws to Be Complied with

Chapter 13  Effectiveness, Modification and Interpretation

 

Chapter 1 Definitions

 

ARTICLE 1 Definitions

“THE CONDITIONS” refers to “General Conditions of International Carriage for Cargo of Shunfeng Airlines Company Limited”. Unless otherwise provided by other requirement in specific clauses or other explicit provisions, the terms as used in the Conditions shall have the following meanings:

(1) “AGENT” means the person or organization expressly authorized to act for or on behalf of the Carrier or the Shipper in relation to the carriage of the Cargo.

(2) “AIR WAYBILL” means the document entitled ”Air Waybill” by or on behalf of the Shipper and which serves as the evidence for the contract between the Shipper and the Carrier for carriage of the Cargo over the routes of the Carrier.

(3) “APPLICABLE CONVENTIONS” means the following instruments applicable for contract of carriage:

1.The Convention for - the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the “Warsaw Convention”);

2.The Protocol to amend Warsaw Convention signed at Hague on 28 September 1955 (hereinafter referred to as the “Hague Protocol”)

3.The Convention for the Unification of Certain Rules for International Carriage by Air; done at Montreal on 28 May 1999 (hereinafter referred to as the “Montreal Convention”).

(4) “CARGO” means any item carried or to be carried in an aircraft, including baggage carried under an Air Waybill, but not including mails or baggage carried under a passenger ticket and baggage check.

(5) “CARRIAGE” means the carriage of Cargo by air or by other ways, no matter it is charged or free.

(6) “INTERNATIONAL CARRIAGE” means, except as otherwise provided in the Conventions, the carriage in which, according to the contract of carriage, the place of departure, the place of destination or the agreed stopover, whether or not there is a break or a transfer in the course of carriage, is not situated within the territory of People’s Republic of China.

(7) “CARRIER” means the air carrier who issues the Air Waybill and any carrier that carries or promises for accepting carriage of Cargo, or provides any other services related to such air carriage.

(8) “SF AIRLINES” means Shunfeng Airlines Company Limited.

(9) "A CONSIGNMENT” means one or more pieces of Cargo accepted under a single AWB, for carriage to one consignee at one destination.

(10) “SHIPPER” means the person or organization whose name appears on the AWB, as the party contracting with the Carrier for carriage of the Cargo.

(11) “CONSIGNEE” means the person or organization whose name appears on the AWB, as the party to whom the Cargo is to be delivered by the Carrier.

(12) “TARIFF” means the rates for carriage of the Cargo from the airport of departure to the airport of destination, as published by the Carrier and in effect on the date of the execution of the contract of carriage by the Shipper and the Carrier, or as agreed between the contracting parties.

(13) “GROSS WEIGHT” means the weight of the Cargo measured by an officially authorized weighing device, including the weight of the package and platform.

(14) “DAMAGE” means the loss arising from the destruction or loss of, or damage to the Consigned Cargo in the course of Carriage.

(15) “PREPAID” means that the Shipper pays the Carrier all the charges in relation to carriage of the Cargo when tendering the Cargo in accordance with the contract of carriage.

(16) “COLLECT” means that the Consignee pays the Carrier all the charges in relation to carriage of the Cargo when picking up the Cargo in accordance with the contract of carriage.

(17) “COURSE OF CARRIAGE” means the period after the consigning and prior to the delivery of the Cargo when the Consigned Cargo is in the custody of the Carrier.

(18) “DELIVERY OF CARGO” means that the Consignee signs on the AWB upon acceptance of the Cargo and the Carrier delivers the Cargo to the Consignee.

(19) “DAYS” mean full calendar days, including Sundays and legal public holidays; upon establishment of a term of validity, the day of issuance of the carriage document, the day of flight departure or the day of sending the notice shall not be counted.

 

Chapter 2 Scope of Application

 

ARTICLE 2 General Provisions

The Conditions is applicable for all Cargo carriage of or on behalf of SF Airlines, including all additional services. If such carriage is “International Carriage” as specified in Article 1 of the Conditions, the Conventions shall be applicable as well and without violation.

ARTICLE 3 Applicable Laws and Tariff Terms of SF Airlines

All carriage and other services by SF Airlines shall be complied with the following terms, unless inconsistence with provisions in Article 2 occurred:

(1) Applicable laws (including state laws as supplementary to the Conventions or state laws regulated the Conventions applicable for carriage which is not International Carriage as defined by the Conventions), government regulations, orders and rules;

(2) The Conditions and other applicable documents, provisions, regulations and flight schedules(excluding the time of departure and arrival listed in flight schedules) of SF Airlines, which can be inquired at offices of SF Airlines and airports operating scheduled flights for SF Airlines.

ARTICLE 4 Carriage for Free

SF Airlines undertakes carriages for free or with favorable tariff, but is entitled to exclude applicability of all or part of the Conditions.

ARTICLE 5 Charter

Charter contract of SF Airlines rather than the Conditions shall be applicable for Cargo carriage performed by SF Airlines according to charter contract, unless otherwise specified.

If there is inconsistency between provisions of the Conditions and those of charter contract, the latter shall prevail. The Shipper shall agree to be subject to provisions mentioned above provided that SF Airlines accepts carriage according to charter contract, no matter whether agreement with the Shipper has been achieved or not.

ARTICLE 6 Changes without Notification

The Conditions and issued tariff and charges could be changed without prior notice, unless otherwise provided by law or government regulations and orders. The change is not applicable for carriage contract if it occurred after the Air Waybill is accepted by SF Airlines.

ARTICLE 7 Effective Provisions

All Cargo carriage operated according to the Conditions shall also comply with provisions and tariff terms currently effective from the day the Air Waybill accepted by SF Airlines. In case of any inconsistency between the Conditions and provisions and tariff terms of SF Airlines, the former shall prevail.

 

Chapter 3 Acceptance of Cargo

 

ARTICLE 8 Acceptable Cargo

(1) Unless otherwise provided, SF Airlines can carry the following Cargo in the condition of equipment and space available:

1.The carriage and imports & exports are not prohibited by the laws or regulations of any state to be flown from, to, or over;

2.The package is in good condition and suitable for carriage by air;

3.There are necessary certificates and documents;

4.It shall not endanger safety of aircraft, personnel and property.

(2) When necessary SF Airlines may reserve the right to refuse the carriage of the Cargo with no liability.

ARTICLE 9 Cargo Value Limit

(1) Unless otherwise arranged beforehand, the declared value of each batch of Cargo shall be no more than RMB 2,000,000 (or equivalent currency).

(2) The total value of Cargo carried on one flight shall be no more than RMB 20,000,000 (or equivalent currency). A batch of Cargo shall not be carried on one flight in case of its value being more than the limit; however it may be decided by SF Airlines to ship the Cargo in batches by two or more flights.

ARTICLE 10 The Packaging and Marking of Cargo

(1) The Shipper shall be responsible for packaging Cargo properly to ensure safe carriage under normal handling without harm to personnel;

(2) The marking is correct and complete with solid paste;

(3) The packaging of valuable cargo shall be completed as required by SF Airlines and sealed.

ARTICLE 11 Cargo Accepted according to Specified Conditions

(1) The following Cargo can only be accepted when complied with conditions of SF Airlines:

1.Firearm;

2.Human remains;

3.Live animals, including but not limited to livestock, bird, fish, shell, insect and pet;

4.Perishable cargo and fragile cargo;

(2) SF Airlines shall not accept carriage of rat, snake or dangerous goods yet.

(3) The freight charge can be prepaid for Cargo accepted to carry by SF Airlines. Unless otherwise provided by agreement, SF Airlines shall not conduct Collect business for freight charges.

(4) SF Airlines shall not accept carriage for Cargo or package with abnormal weight, shape or dimension unless otherwise arranged beforehand. Cargo needs special equipment for safe handling shall be accepted only when such equipment and its handling is provided by the Shipper or the Consignee.

(5) Platform is necessary for the Cargo whose unit area pressure exceeds aircraft floor load limit, to decrease the pressure below limit before acceptance. The weight of such platform shall be counted into Cargo weight.

ARTICLE 12 Liability of Incompliance with Acceptance Conditions for Special Cargo

The Shipper shall be liable for any loss, damage, delay or penalty of SF Airlines during Cargo carriage as a result of the Shipper’s incompliance with conditions related to acceptance of special Cargo.

ARTICLE 13 Inspection Right of the Carrier

SF Airlines is entitled but with no obligation to inspect package and contents of all consigned Cargo as well as investigate the accuracy and completeness for documents and materials of any consigned Cargo.

ARTICLE 14 ULD

The loading instruction of SF Airlines shall be complied with if the Shipper utilizes ULD for Cargo carriage. The Shipper shall be liable for any result incurred due to violation of stipulated operation.

 

Chapter 4 Shipping Documents

 

ARTICLE 15 Air Waybill

The AWB shall be completed by the Shipper or its Agent according to the format, ways and copies specified by SF Airlines, and shall be tendered together with the Cargo to SF Airlines for carriage.

Freight charges and other charges in AWB which have been determined shall be completed by SF Airlines.

ARTICLE 16 Remark for Appearance and Package of Cargo

The Shipper shall remark on the tendered AWB in case of any defectiveness for the appearance situation and package of Cargo. If the specifications are not correct or not completed by the Shipper, SF Airlines may correct.

ARTICLE 17 Completeness or Correction by the Carrier

SF Airlines may complete AWB on behalf of the Shipper upon the Shipper’s request express or implied; except with proof to the contrary, SF Airlines shall be deemed to have completed AWB on behalf of the Shipper. SF Airlines is entitled but with no obligation to complete or correct the AWB with necessary contents incomplete or inaccurate while the AWB being tendered with Cargo.

ARTICLE 18 Liability for Correctness of AWB Contents of SF Airlines

The Shipper shall be liable for the correctness of particular contents and specifications related to the Cargo in the AWB. The Shipper shall indemnify any damage to SF Airlines or anyone SF Airlines bearing legal obligations caused by inauthenticity, inaccuracy or incompleteness of information provided by the Shipper or its Agent, no matter the AWB is completed by its own or anyone on behalf of the Shipper.

ARTICLE 19 Alteration of AWB

AWB with contents or writing being altered may be rejected by SF Airlines.

 

Chapter 5 Tariff and Charge

 

ARTICLE 20 Applicable Tariff and Charge

The tariff and charge referring to the Conditions is officially published by SF airlines and effective at the date of the AWB issued.

ARTICLE 21 The Unit for Calculation of Tariff and Charge

The tariff and charge is calculated on the higher one of actual weight and volume weight. Chargeable weight is measured by unit of kilogram, with mantissa less than 1 kg being rounding off. Volume weight is calculated as 1kg per 6000 cubic centimeters. Valuable cargo is measured by actual gross weight, with unit of 0.1 kg.

ARTICLE 22 The Service not included in Published Tariff.

Unless otherwise provided, the tariff and charge are only applicable for carriage from departure airport to destination airport, without any other supplementary services as below referring to air carriage provided by SF Airlines (Corresponding with Article 20).

(1) Ground transportation for pick-up and delivery of Cargo between SF airlines operating airport and city Cargo terminal.

(2) The fees for storage and warehouse equipment utilization.

(3) Insurance fees.

(4) Prepaid fees.

(5) Customs clearance fees and other fees paid by SF airlines on behalf of the Shipper, the Consignee, the owner or the Agent

(6) Charges, fines and duties levied or collected by government organizations;

(7) Costs incurred from repairing defective packaging by SF Airlines

(8) Charges for Cargo transferring, re-transferring, returning to origin or continuing carriage to place beyond destination in any ways of transportation;

(9) Charges for any other similar services.

ARTICLE 23 Charges Payment

(1) The tariff and charge are published in currency of tariff terms, but can be paid in currency acceptable to SF Airlines. If the payment is in currency different from the published tariff, it shall be converted as per exchange rate published by SF Airlines in the purpose of payment, which can be inquired at the office of SF Airlines accepting payment.

(2) Total freight charges shall be considered as all income deserved by SF Airlines, no matter prepaid or collect, commission charge paid or to be paid by SF Airlines, tax, prepayment, paid charges and any other expenses should be paid to SF Airlines, and no matter if the Cargo is destroyed, lost, damaged or failed to be carried to destination as per contract or not. All charges, expenses and prepayment shall be settled timely upon Cargo accepted by SF Airlines unless otherwise provided by carriage contract in which SF Airlines could collect them at any stage of service.

(3) The Shipper shall guarantee to pay all freight charge unpaid, collect fees, and prepayment and expenses paid by SF Airlines. The Shipper shall guarantee to indemnify for all charges and fines paid by SF Airlines, as well as loss of time, property damage or other loss for SF Airlines caused by the Shipper as a result of containing goods prohibited for carriage by law in consigned Cargo, missing, delay or incorrect of import and export certificates and other documents, Customs declared value discrepancy, or incorrect statement of weight and volume. When above mentioned situation occurred, SF Airlines has the right to hold the Cargo. SF Airlines is entitled to sell the Cargo publicly or privately if expenses to be paid to SF Airlines were not settled (with prior notice by mail to the Shipper or the Consignee listed on AWB),with part or whole of the money sold out as compensation. When the money is not enough to compensate loss of SF Airlines, the Shipper and the Consignee shall jointly or separately compensate for the remaining. It is indicated that the Consignee agrees to pay charges, expenses and prepayment except prepaid freight charge in the way of accepting delivery of Cargo, or performing any other right specified in carriage contract.

(4) If the actual gross weight, dimension, pieces or declared value of Cargo has exceeded the charged items, SF Airlines is entitled to request for payment of exceeding parts.

(5) In any circumstances SF Airlines reserves the right to refuse charge collect regarding to exchange of local currency to other currencies or remittance to other countries is not allowed by the destination state.

(6) All charges referring to Cargo carriage shall be paid in cash by the Consignee while delivery of Cargo from SF Airlines in event of prepaid being agreed in contract.

(7) SF Airlines may cancel Cargo carriage without any liability if the Shipper refused to pay whole or part of freight charges required by SF Airlines.

 

Chapter 6 Cargo Carriage

 

ARTICLE 24 Compliance with Government Regulations

(1) The Shipper shall comply with all effective laws, Customs and other government regulations of state the Cargo is carried from, to, stopped or flown over, including all provisions referring to Cargo packaging, carriage and delivery, as well as tender related specifications and documents together with the Cargo as required by the laws and regulations. SF Airlines is under no obligation to inspect the accuracy and completeness of information and documents provided by the Shipper, and shall not be liable to anyone else for loss or expenses caused by the Shipper’s incompliance with provisions of this paragraph. The Shipper shall indemnify to SF Airlines for any damage caused by the Shipper’s incompliance with provisions of this paragraph.

(2) SF Airlines shall not be liable for any result of refusing Cargo carriage to comply with any applicable laws, government regulations, requirements, orders or conditions with reason and good will.

ARTICLE 25 Payment and Customs Procedures

The Shipper and the Consignee shall repay jointly or separately taxes, charges and any other expenses for Cargo prepaid by SF Airlines, who has no obligation to pay any charges for transfer or connective carriage of Cargo unless the Shipper has prepaid the charges.

At any stopover point where Customs clearance is necessary for the Cargo, it is considered that the Cargo is delivered as SF Airlines carrying it to the stopover in case of Customs clearance Agent being not appointed on the AWB.

For this purpose, with written proof from SF Airlines any copy of AWB can be considered as original of AWB.

ARTICLE 26 Flight Schedule, Route and Cancellation

(1) The time on flight schedule timetable of SF Airlines and other places as estimated time, of which the accuracy is not ensured, shall not be part of carriage contract. The time of carriage start, complete or Cargo delivery is not determined. SF Airlines shall ensure carry Cargo within reasonable time but is under no obligation to arrange Cargo on any appointed aircraft, any specific route, or any specific time and place to connect another flight, unless otherwise provided by special agreement with remarks on the AWB. Besides, SF Airlines is entitled to choose or deviate from route even if it is marked on the AWB. SF Airlines shall not be liable for any errors or omissions on flight schedule or other published flight time, and shall not be subject to statement or expression by any employee, Agent or representative of SF Airlines referring to date, time of flight departure/arrival and flight operation condition.

(2) SF Airlines is entitled to carry whole or part of Cargo in any way of ground transportation or arrange such kind of carriage without notice.

(3) Due to reasons uncontrolled or reasonably unforeseen during Cargo acceptance by SF Airlines, or any circumstances SF Airlines deemed as necessary, SF Airlines is entitled to cancel, terminate, change, postpone, delay or advance any flight or connective carriage of any Cargo, or continue flight operation without carrying all or part of Cargo.

(4) SF Airlines shall not bear any liability in the event of any flight being cancelled, changed, postponed, delayed or advanced, or terminated at a place other than destination, or in the event of any Cargo carriage being cancelled, changed, postponed, delayed or advanced. When the carriage of the entire or part of Consignment is terminated, it is deemed as fulfillment of complete delivery by SF Airlines as per carriage contract provided that SF Airlines takes the shipment to any transfer Agent for continued carriage, delivery and storage. SF Airlines shall not bear any further liability other than sending disposal notice to the Shipper or the Consignee according to the addressed listed on the AWB. SF Airlines is entitled but with no obligation to continue carriage by other ways, with expenses added to the shipment.

(5) According to government laws, regulations and orders, SF Airlines is entitled to decide the priority of Cargo carriage, and can decide to offload any items of a Consignment at any time and anywhere with flight operation continued. If Cargo was not carried, or carriage being postponed, delayed or any item offloaded halfway as a result of the decision of priority, SF Airlines shall not be liable for any consequence arising thereof against the Shipper, the Consignee or any third party within exemption range.

ARTICLE 27 The Carrier’s Right to Cargo Carriage

No matter it is before, during or after carriage, SF Airlines may hold Cargo anywhere and store Cargo in warehouse or other possible place by self or together with Customs, as a result of implementing government orders or deemed as necessary, with costs and risks borne by the Shipper. SF Airlines may transfer the Cargo to other transportation organization to continue carriage to the Consignees with notice to the Shipper. The Shippers shall be liable for possible cost of SF Airlines due to hold of Cargo as well as corresponding risks.

 

Chapter 7 Cargo Disposition by the Shipper

 

ARTICLE 28 The Exercise of Disposition Rights

Only the Shipper and its designated Agent may exercise the right of disposition, with the object being whole Cargo listed on the AWB. If presenting its original of AWB or requesting exercise of right by other ways as required by SF Airlines, the Shipper and its Agent may exercise the right of Cargo disposition, with instruction applied in writing as specified by SF Airlines. In case of the Consignee being changed due to exercising disposition, the new Consignee shall be deemed as the Consignee listed on the AWB.

ARTICLE 29 Option of the Shipper

(1) In case of having fulfilled all obligations specified in carriage contract without impeding SF Airlines or other shippers, the Shipper may dispose Cargo as below at his own expenses:

1.To withdraw the Cargo at departure or destination airport;

2.To terminate carriage at any transit point;

3.To deliver the Cargo to a person other than the Consignee named in the AWB at destination or during carriage

4.To require returning of the Cargo to departure airport

(2)  SF Airlines shall inform the Shipper immediately in case instructions from the Shipper could not be executed.

ARTICLE 30 Charges Payment

The Shipper shall be liable for any loss or damage to SF Airlines and any expenses of the Carrier caused by the Shipper exercising disposition right.

ARTICLE 31 Scope of the Shipper’s Right

After Cargo arrival at destination, the disposition right of the Shipper is terminated once the Consignee accepting the Cargo or AWB, or requiring delivery of Cargo or AWB, or signing and receiving Cargo. However, if the Consignee refused to accept Cargo or AWB, or could not be contacted, the Shipper would restore disposition right of the Cargo.

 

Chapter 8 Delivery

 

ARTICLE 32 Arrival Notice

Unless otherwise provided by instructions, Cargo arrival notice shall be sent in ordinary ways to the Consignee and others listed on AWB as agreed by SF Airlines. SF Airlines shall not be liable for failure or delay for receipt of mailed notice.

ARTICLE 33 Delivery of Cargo

Unless otherwise provided in AWB, Cargo shall only be delivered to the Consignee or its Agent shown on AWB. The following situations shall be considered as Cargo delivery to the Consignee taken effective:

(1) SF Airlines has delivered pick-up notice to the Consignee or its Agent already;

(2) The Cargo has been delivered to Customs or other government organization according to laws and Customs regulations

ARTICLE 34 Location of Delivery

Unless otherwise provided, the Consignee shall accept delivery and pick up Cargo at destination airport.

ARTICLE 35 Cargo Undelivered by the Consignee

(1) Unless otherwise provided, if the Consignee is declined or unable to accept delivery after the Cargo arrival at destination airport, SF Airlines shall try its best to dispose as the Shipper’s instruction shown on the AWB. If the instruction was not marked or could not be executed reasonably, SF Airlines shall inform the Shipper about Cargo undelivered to the Consignee, and request for instruction from the Shipper. If no instruction was received in 30 days, SF Airlines is entitled to sell the Cargo in a batch or batches publicly or privately, or destroy or abandon the Cargo.

(2) The Shipper shall be liable for all the charges and expenses caused by and related to undelivered Cargo, including but not limited to freight charges for returning carriage as required by the Shipper. If the Shipper hasn’t or refuses to pay charges within 15 days after Cargo returned to departure airport, SF Airlines is entitled to sell the Cargo in a batch or batches publicly or privately in 10 days after notice of disposition intention to the Shipper; and after repaying freight charges and other expenses, the excess money of income shall be delivered to the Shipper or the Consignee for disposal. Insufficient expenses shall be paid by the Shipper or the Consignee.

ARTICLE 36 Disposal of Perishable Cargo

(1) When a Consignment with perishable cargo as defined in SF Airlines’ regulations is delayed under SF Airlines’ control, or is not or refused to be picked up, or is with risk of deterioration due to other reasons, SF Airlines is entitled to take steps deemed as appropriate to protect it or the benefits of other parties, including but not limited to destroying or abandoning part or all of the Cargo, contacting with the Shipper for instruction (the Shipper being liable for the contact charges),storing part or all of the Cargo(the Shipper being liable for the storage charges), or selling part or all of the Cargo publicly or privately without prior notice.

(2) SF Airlines is entitled to take out expenses occurred from the income of selling above mentioned Cargo at destination or departure place. The excess money shall be disposed by the Shipper. The Shipper or the Consignee shall not be exempted from deficiencies after sale of any Cargo.

ARTICLE 37 Charges Payment

The Consignee shall take the liability for the payment of all expenses and freight charges involved in the carriage when accepting the AWB and Cargo. Unless otherwise provided by agreement, the Shipper shall not be exempted from the liability for expenses and freight charges and shall take joint responsibilities together with the Consignee. SF Airline may deliver the Cargo depending on the payment condition of expenses and freight charges.

 

Chapter 9 Successive Carrier

 

ARTICLE 38 Carriage performed by several successive carriers based on a carriage contract shall be considered as a unified carriage activity.

 

Chapter 10 Responsibility of the Carrier

 

ARTICLE 39 Course of Responsibility

SF Airlines and successive carrier(s) related to the carriage shall be liable for any loss caused by Cargo destruction, loss, damage or delay to the Shipper, Consignee and others if it occurred during the course of carriage as defined in Article 1 of the Conditions, except for the liability exempted by laws and regulations.

ARTICLE 40 Carrier’s Negligence and Intentional Behavior

Unless otherwise provided by Applicable Conventions, SF Airlines shall not be liable for any damage, delay or loss arising from or related to Cargo carriage or other services provided, except that such damage, delay or loss was proved to be caused by negligence or intentional behavior of SF Airlines with no negligence contributed by the Shipper, Consignee or other claimants.

ARTICLE 41 Deficiency of Cargo

SF Airlines shall not be liable for any Cargo destruction, loss or damage provided it is proved to be caused by inherent deficiency, quality, nature or defect of the Cargo.

ARTICLE 42 Liabilities to Damage of Animal

The Carrier shall not be liable for any loss, damage or expense arising from the death or injury of an animal caused by natural reasons; by such conduct of the animal itself or any other animal such as biting, kicking, pushing or smothering; by status, character, habit of itself or improper packing of the animal; by the inability of the animal to withstand unavoidable changes in physical environment during the Course of Carriage.

ARTICLE 43 Consequential Loss

SF Airlines shall not be liable for any consequential loss or damage arising from carriage performed according to the Conditions, no matter SF airlines realizing the possibility of such loss or damage may occur or not.

ARTICLE 44 Contributed Behavior of Claimant

The liability of the Carrier shall be exempted wholly or partially depending on degree if the damage was caused by negligence, other misconduct or omission of the claimant or his subrogator.

ARTICLE 45 Liability Limit

Unless the Shipper declares the values of Cargo for carriage and pays the valuation charge, SF Airlines shall not be liable for destruction, loss, damage or delay of the Cargo beyond liability limit specified in Applicable Conventions for per kg. If no Applicable Convention, the liability limit is 17SDR/KG (20 USD/KG) or equivalent currency. SF Airlines’ liability limit shall not exceed declared value shown on the AWB if the Shipper specially declared the value of the Cargo. Evidence of value shall be required for all claims.

ARTICLE 46 Calculation of Liability Limit to Partially-Damaged Cargo

SF Airlines’ liability shall be limited to the weight of the relevant packages when part of or any package of the Cargo is lost, damaged or delayed. In case that the loss, damage or delay of any packages affects the value of other packages under the same AWB, the weight of other packages shall be considered when determining the limit of liability. In the absence of any proof to the contrary, the value of the Cargo destroyed, lost or damaged shall be determined by the value of the entire Cargo and the proportion of the weight of the Cargo destroyed, lost or damaged in the weight of the entire Cargo.

ARTICLE 47 Damage to SF Airlines Caused by the Shipper, Owner or Consignee

Any loss or expenses of SF Airlines as a result of damage or destruction of other Cargo or SF airline’s property caused by property of the Shipper, owner or Consignee shall be compensated to SF airlines. SF airlines is entitled but not liable for abandoning or destroying the Cargo in emergency condition without prior notice if the inherent deficiency, nature or defective packing of the Cargo may endanger aircraft, personnel or property.

ARTICLE 48 Responsibility of the Carrier Issuing AWB

If the carriage is performed by another carrier with AWB issued by SF Airlines, SF Airlines is considered as Agent of the Carrier. The Shipper is entitled to raise litigation against the first carrier, and the Consignee and authorized party to pick up the Cargo are entitled to raise litigation against the last carrier. SF Airlines shall not be liable for loss, damage or delay of Cargo on other carrier’s flight.

ARTICLE 49 Responsibility of the Agent

When SF airline’s liability is exempted or restricted according to the Conditions, such exemption or restriction shall likewise be applicable to SF Airline’s Agents, employees or representatives, and any other carrier providing aircraft or other transportation means.

 

Chapter 11 Time Limit for Dissidence and Litigation

 

ARTICLE 50 Time Limits for Dissidence

(1) Except with proof to the contrary, when the Consignee picks up the Cargo without dissidence, it is considered the Cargo is delivered in good condition and complied with the contract of carriage.

(2). The Consignee shall not raise litigation against SF Airlines on loss, damage or partial damage of the Cargo unless raising dissidence against SF Airlines in writing via the following ways:。

1.Claim shall be made promptly when the Cargo is found obviously totally or partially damaged, latest14 days after Cargo delivery;

2.Claim for other damage shall be made within 14 days after Cargo delivery;

3.Claim for delay shall be made within 21 days from the date the Cargo controlled by the Consignee.

4.The claim for undelivered Cargo shall be made within 120 days from the date of issuing the AWB.

ARTICLE 51 Limitation of Litigation Action

For air transportation dispute, the limitation of litigation actions is 2 years from the day on which the aircraft arrives at the destination, should arrive at the destination, or on which the carriage terminates. Any liability beyond the limitation against SF Airlines shall be lost, unless otherwise provided by the laws of the country where the appellate court locates.

 

Chapter 12 Laws to Be Complied with

 

ARTICLE 52 AWB and any terms contained in or referring to the Conditions shall be complied with the laws of People’s Republic of China, Government’s Regulations, orders or requirements, and shall be invalid in case of any inconsistency existing. The other terms of the Conditions shall remain valid in case of any terms invalid.

Dispute arising from or with respect to the Conditions shall be governed by laws of People’s Republic of China. On the premise that the Conventions are applicable, the litigation with respect to the Loss could be proceeded with at the choice of the claimant, in the court of SF Airlines’ headquarters or major business location, or at SF Airlines’ branch office where the contract has been concluded, or at the court of the destination within the scope of jurisdiction.

 

Chapter 13 Effectiveness, Modification and Interpretation

 

ARTICLE 53 The Conditions have been presented to CAAC for record and shall take effect from the date of issue.

ARTICLE 54 Agents, employees or representatives of SF Airlines are not entitled to alter, modify or waive any terms of carriage contract or the Conditions.

ARTICLE 55 SF Airlines is responsible for the interpretation of the Conditions.