8.1 NOTICE OF ARRIVAL Notice of arrival of the SHIPMENT will, in the absence of other instructions, be sent to the CONSIGNEE and/or any other person whom CARRIER has agreed to notify as evidenced in the AIR WAYBILL or SHIPMENT RECORD; such notice will be sent by ordinary methods. CARRIER is not liable for non-receipt or delay in receipt of such notice.
8.2 DELIVERY OF SHIPMENT Except as otherwise specifically provided in the AIR WAYBILL or SHIPMENT RECORD, delivery of the SHIPMENT will be made only to the CONSIGNEE named therein, or his agent. Delivery to the CONSIGNEE shall be deemed to have been effected:
8.2.1 when CARRIER has delivered to the CONSIGNEE or his agent any authorization from CARRIER required to enable the CONSIGNEE to obtain release of the SHIPMENT; and
8.2.2 when the SHIPMENT has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 PLACE OF DELIVERY Except as provided in 9.3, the CONSIGNEE must accept delivery of and collect the SHIPMENT at the airport of destination or the respective facility as designated by the CARRIER.
8.4 FAILURE OF CONSIGNEE TO TAKE DELIVERY
8.4.1 Subject to the provisions of 8.5 hereof, if the CONSIGNEE refuses, fails to take delivery of the SHIPMENT or refuses to pay CHARGES COLLECT, if agreed so, after its arrival at the airport of destination, CARRIER will endeavor to comply with any instructions of the SHIPPER set forth on the face of the AIR WAYBILL, or in the SHIPMENT record. If such instructions are not so set forth or cannot reasonably be complied with, CARRIER shall notify the SHIPPER of the CONSIGNEE’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) DAYS, CARRIER may sell the SHIPMENT in one or more lots at public or private sale, or destroy or abandon such SHIPMENT.
8.4.2 The SHIPPER is liable for all charges and expenses resulting from or in connection with the failure or refusal to take due delivery of the SHIPMENT, including, but not limited to, storage charges and CARRIAGE charges incurred in returning the SHIPMENT if so required by the SHIPPER’s instructions. If the SHIPMENT is returned to the airport of departure and the SHIPPER refuses or neglects to make such payments within fifteen (15) DAYS after such return, CARRIER may dispose of the SHIPMENT or any part thereof at public or private sale after giving the SHIPPER ten (10) DAYS notice of its intention to do so.
8.5 DISPOSAL OF PERISHABLES
8.5.1 When a SHIPMENT containing perishable, time sensitive or temperature sensitive articles (as further defined in CARRIER’s regulations) or live animal is delayed in the possession of CARRIER, is unclaimed, refused or not claimed promptly at place of delivery, or for other reasons is threatened with deterioration, CARRIER may immediately take such steps as it sees fit for the protection of CARRIER and other parties in interest, and shall be entitled to reimbursement by the SHIPPER of any expense so incurred, including but not limited to the destruction or abandonment of all or any part of the SHIPMENT, the sending of communications for instructions at the cost of the SHIPPER, the storage of the SHIPMENT or any part thereof at the risk and cost of the SHIPPER, or the disposition of the SHIPMENT or any part thereof at public or private sale without notice.
8.5.2 In the event of the sale of the SHIPMENT as provided for above, either at the place of destination or at the place to which the SHIPMENT has been returned, CARRIER is authorized to pay to itself and other transportation providers out of the proceeds of such sale all charges, advances, and expenses of CARRIER and other transportation services plus costs of sale, holding any surplus subject to the order of the SHIPPER. A sale of any SHIPMENT shall, however, not discharge the SHIPPER and/or owner of any liability hereunder to pay any remaining portion of a due payment to CARRIER.
8.6 RESPONSIBILITY FOR CHARGES By accepting delivery of the SHIPMENT the CONSIGNEE shall become liable for payment of all costs and charges in connection with the CARRIAGE or the SHIPMENT. Unless otherwise agreed the SHIPPER shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the CONSIGNEE. CARRIER may make delivery of the SHIPMENT or the AIR WAYBILL conditional upon payment of these costs and charges.