3.1 CARGO ACCEPTABLE
3.1.1 CARRIER may transport, subject to the availability of suitable equipment and space, all SHIPMENTS, unless otherwise excluded by CARRIER’s regulations and provided:
3.1.1.1 the transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown and/or transported from, to or through;
3.1.1.2 they are packed in a manner suitable for CARRIAGE and ready for CARRIAGE as required by the issuing CARRIER and any subsequent CARRIER;
3.1.1.3 they are accompanied by the requisite shipping documents;
3.1.1.4 they are not likely to endanger aircraft or any other means of transportation, persons or property, or cause annoyance to operating crew and/or passengers.
3.1.2 To the extent permitted by law the CARRIER reserves the right without assuming any liability to refuse CARRIAGE of CARGO when circumstances so require.
3.2 VALUATION LIMIT OF SHIPMENT CARRIER may refuse CARRIAGE of SHIPMENTS having a declared value for CARRIAGE in excess of the amount specified and/or determined by CARRIER.
3.3 PACKING AND MARKING OF CARGO
3.3.1 SHIPPER is responsible for ensuring that the CARGO is packed in an appropriate way for CARRIAGE so as to ensure that it can be carried safely with ordinary care in handling, so as to protect it against loss, damage or deterioration and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked so as to identify the AIR WAYBILL number, SHIPPER, CONSIGNEE and, when applicable, any special handling instruction due to the nature of the CARGO and CARRIER shall incur no liability if SHIPPER fails to do so. SHIPMENTS likely to be subject to robbery or theft shall be packaged without indication of their contents.
3.3.2 The CARRIER reserves the right to refuse the transportation of cargo that is not suitably packed and/or marked.
3.4 SPECIAL CARGO
3.4.1. Special CARGO, including but not limited to valuables, hazardous and/or dangerous goods, live animals, perishables, fragile goods, and human remains, is acceptable only under special agreement and as instructed by CARRIER.
3.4.2. Hazardous and or dangerous goods must be marked as such in accordance with applicable laws and regulations and/or as instructed by CARRIER.
3.5 RESPONSIBILITY FOR NON-OBSERVANCE OF CONDITIONS RELATING TO CARGO
Responsibility for non-observance of the conditions relating to the CARRIAGE of CARGO rests upon the SHIPPER who shall INDEMNIFY the CARRIER in relation to the CARRIAGE of any such CARGO.
3.6 CARRIER’s RIGHT OF INSPECTION CARRIER reserves the right to examine the packaging and contents of all SHIPMENTS and to enquire into the correctness or sufficiency of information licenses or documents tendered in respect of any SHIPMENT but CARRIER shall be under no obligation to do so.
3.7 UNIT LOAD DEVICES Unless otherwise provided for by the APPLICABLE CONVENTION or law to the benefit of the rightful claimant, CARRIER shall not incur any liability for damage or loss of SHIPMENT that was part of a unit load device (ULD) that was built solely by SHIPPER and SHIPPER shall INDEMNIFY CARRIER in relation to damage or loss of such SHIPMENT or any part thereof. For the avoidance of doubt, such ULD shall be considered as one single unit. In any case, when SHIPPER undertakes to load a unit load device (ULD) he must comply with CARRIER’s loading instructions and the SHIPPER assumes liability and shall INDEMNIFY CARRIER for all damages or loss or any other irregularity to CARGO arising out of or connected (i) with the build-up of the ULD, (ii) the lack of READY FOR CARRIAGE status, and or (iii) with the fact, that the shipments do not correspond with documents and booked values. The SHIPPER shall INDEMNIFY CARRIER for therewith connected claims made by third parties.