11.1 CARRIER is liable to the SHIPPER, CONSIGNEE or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the CARRIAGE of CARGO only if the occurrence which caused the damage so sustained took place during the CARRIAGE as defined under Article 1.
11.2 To the extent provided by APPLICABLE CONVENTION, CARRIER’s liability shall be limited to the amount stipulated in such APPLICABLE CONVENTION notwithstanding the existence of gross negligence or wilful misconduct on the part of the CARRIER.
11.3 Except as may be otherwise provided for in any APPLICABLE CONVENTION, CARRIER is not liable to the SHIPPER, CONSIGNEE or any other person for any damage, delay or loss of whatsoever nature arising out of or in connection with the CARRIAGE of CARGO or other services performed by CARRIER or its AGENTS, unless such damage, delay or loss is proved to have been caused by the gross negligence or willful misconduct of CARRIER.
11.4 CARRIER is not liable if the destruction, loss of or damage to CARGO is proved to have resulted solely from the inherent defect, quality, nature or vice of that CARGO and/or as a result of SHIPPER’s negligent act or omission or failure to comply with SHIPPER’s obligation.
11.5 CARRIER will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal or person (including but not limited to the animal attendant or keeper) caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of the animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent to the CARRIAGE .
11.6 To the extent not in conflict with applicable law, the CARRIER shall not incur any liability or obligation as a result of any loss of opportunity, any loss of anticipated savings or lost profits, any loss of production, any loss of business, loss of revenues, harm to business or business reputation or any indirect, incidental, collateral, special, punitive or consequential loss whether or not foreseeable, and whether arising in contract, tort (including active, passive or imputed negligence), strict liability or otherwise.
11.7 Contributory negligence on the part of the SHIPPER, CONSIGNEE or other claimants shall entirely or partly release the CARRIER of its liability, or to the extent provided by APPLICABLE CONVENTION and applicable law.
11.8 Liability of CARRIER shall not exceed the APPLICABLE CONVENTION limit or, if no convention applies, 19 special drawing rights, per kilogram of CARGO destroyed, lost, damaged or delayed. If, with the specific written agreement of the CARRIER, the SHIPPER has made a special declaration of value for CARRIAGE and has paid the supplementary sum applicable, it is agreed that the aggregate liability of the CARRIER shall in no event exceed such declared value for CARRIAGE stated on the face of the AIR WAYBILL or included in the SHIPMENT RECORD. All claims shall be subject to proof of value.
11.9 In the case of loss, damage or delay of part of the SHIPMENT, or of any object contained therein, the weight to be taken into consideration in determining the amount to which CARRIER’s liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the SHIPMENT, or of an object contained therein, affects the value of other packages covered by the same AIR WAYBILL, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the SHIPMENT lost, damaged or delayed as the case may be, shall be determined by reducing the total value of the SHIPMENT in the proportion that the weight of that part of the SHIPMENT lost, damaged or delayed has to the total weight of the SHIPMENT.
11.10 The SHIPPER, and to the extent permitted by applicable law, the owner and CONSIGNEE, whose property or SHIPMENT causes directly or indirectly damage to or destruction of another SHIPMENT, of any aircraft or property or death or bodily injury to any person, shall INDEMNIFY CARRIER in relation to such event. CARGO which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by CARRIER at any time without notice and without liability therefore attaching to CARRIER.
11.11 A CARRIER issuing an AIR WAYBILL for CARRIAGE over the lines of another CARRIER does so only as AGENT for such other CARRIER. Any reference in a SHIPMENT record to
CARRIAGE to be performed by another CARRIER shall be deemed to refer to CARRIAGE to be provided as principal by such other CARRIER. No CARRIER shall be liable for the loss, damage or delay of CARGO not occurring on its own line except to the extent that the SHIPPER shall have a right of action for such loss, damage or delay on the terms herein provided against the first CARRIER and the CONSIGNEE or other person entitled to delivery shall have such a right of action against the last CARRIER under the contract of CARRIAGE.
11.12 Whenever the liability of CARRIER is excluded or limited under these conditions, such exclusion or limitation shall apply to AGENTS, servants or representatives of CARRIER and also to any CARRIER whose aircraft or other means of transportation is used for CARRIAGE.
11.13 Unless otherwise provided for by the APPLICABLE CONVENTION or any other applicable law to the benefit of the SHIPPER or CONSIGNEE, the following shall apply:
a) SHIPMENTS exposed to deterioration or decay due to change of climate, temperature, height or for any other usual circumstance or due to the duration of the agreed carriage time are taken on by the CARRIER to the exclusion of any liability for loss or damage caused by deterioration or decay.
b) The CARRIER shall be not liable if the destruction, loss or damage of the cargo was caused by:
1. Insufficient and/or defective packaging of the cargo performed by any person other than the CARRIER or its servants or agents; and/or
2. the special nature of the cargo or any inherent defect of that cargo;
3. an act of war (including terrorist acts) or an armed conflict; and/or
4. an act of public authority carried out in connection with the entry, exit or transit of the cargo; and/or
5. force majeure, in particular acts of God, any riot, civil commotion, strike, lockout, fire, war, act of foreign enemies, epidemic, pandemic or any event beyond the reasonable control of the CARRIER.