4.1 AIR WAYBILL The SHIPPER shall make out or have made out on his behalf, an AIR WAYBILL in the form, manner and number of copies prescribed or instructed by CARRIER, and shall deliver such AIR WAYBILL to CARRIER simultaneously with the acceptance of the CARGO by CARRIER for CARRIAGE. However, charges for CARRIAGE and other charges, insofar as they have been ascertained, shall be inserted in the AIR WAYBILL and/or on the invoice by CARRIER. CARRIER may require the SHIPPER to make out, or have made out on his behalf, separate AIR WAYBILLs when there is more than one package.
4.2 SHIPMENT RECORD CARRIER, with the expressed or implied consent of the SHIPPER, if required by the APPLICABLE CONVENTION, may substitute for the delivery of an AIR WAYBILL a SHIPMENT RECORD to preserve a record of the CARRIAGE to be performed. If such SHIPMENT RECORD is used CARRIER shall, if so requested by the SHIPPER, deliver to the SHIPPER in accordance with CARRIER’s regulations a receipt for the CARGO permitting identification of the SHIPMENT and access, in accordance with CARRIER’s regulations, to the information contained in the SHIPMENT RECORD.
4.3 APPARENT CONDITION/ PACKING OF THE CARGO If the apparent order and condition of the CARGO and/or packing is in any way defective the SHIPPER shall, if an AIR WAYBILL is delivered, include on the AIR WAYBILL a statement of such apparent order and condition. If no AIR WAYBILL is delivered, the SHIPPER shall advise CARRIER of the apparent order and condition of the CARGO, to enable CARRIER to insert an appropriate reference thereto in the SHIPMENT RECORD. However, if the SHIPPER fails to include such statement in the AIR WAYBILL or to advise CARRIER of the apparent order and condition of the CARGO, or if such statement or advice is incorrect, CARRIER may include in the AIR WAYBILL or insert in the SHIPMENT RECORD a statement of the apparent order and condition of the CARGO, or note a correction thereto.
4.4 PREPARATION, COMPLETION OR CORRECTION BY CARRIER CARRIER may at the request of the SHIPPER expressed or implied, make out the AIR WAYBILL in which event, subject to proof to the contrary, CARRIER shall be deemed to have done so on behalf of the SHIPPER. If the AIR WAYBILL handed over with the CARGO or if the particulars and statements relating to the CARGO furnished by or on behalf of the SHIPPER to CARRIER for insertion in the SHIPMENT RECORD do not contain all the required particulars, or if the AIR WAYBILL or such particulars or statements contain any error, CARRIER is authorized to complete or correct the AIR WAYBILL or particulars or statements to the best of CARRIER’s ability without being under any obligation to do so. CARRIER may charge a fee to SHIPPER for the correction or completion of such AIR WAYBILL as a consequence.
4.5 RESPONSIBILITY FOR PARTICULARS The SHIPPER is liable towards the CARRIER and any third party for the correctness of the particulars and statements relating to the CARGO inserted by him or on his behalf in the AIR WAYBILL or furnished by him or on his behalf to CARRIER for insertion in the SHIPMENT RECORD. The SHIPPER shall be liable for any damage, claim or cost incurred by the CARRIER or by any third party as a result of any incorrectness, inaccuracy or incompleteness of the particulars and statements above mentioned. Where such information is provided by means of Electronic Data Interchange (EDI) or any other electronic means, it is the responsibility of the SHIPPER or the SHIPPER’s agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications, or any information submitted by the SHIPPER. The SHIPPER shall INDEMNIFY CARRIER in relation to the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the SHIPPER or on his behalf.
4.6 ALTERATIONS AIR WAYBILLS, the writing on which has been altered or erased, need not be accepted by CARRIER.