5.1 APPLICABLE RATES AND CHARGES Rates and charges for CARRIAGE governed by these conditions are those which defined in the contract of carriage, unless otherwise agreed in writing.
5.2 BASIS OF RATES AND CHARGES Freight charges and CARRIAGE fees are those which defined in the contract of carriage, unless otherwise agreed in writing.
5.3 SERVICES NOT INCLUDED IN RATES AND CHARGES
Except as otherwise agreed by CARRIER or provided in CARRIERS’s regulations, rates and charges apply only from airport to airport and do not include any ancillary service, if agreed and given by CARRIER in connection with the CARRIAGE, such as (without limitation) PICK-UP, DELIVERY and city terminal services to and from the airports from which the CARRIER performs its services, storage fees, insurance fees, cash on delivery charges, advanced charges, costs incurred by the CARRIER upon customs clearing of the cargo, or incurred by third parties irrespective of whether these act as agents of the SHIPPER, the consignee, the owner of the cargo, or the carrier, charges or fines imposed or collected by competent authorities, including duties or taxes, costs incurred by the CARRIER for repairing defective packaging, freight charges for the CARRIAGE, reloading or return CARRIAGE of CARGO with other means of transportation, as well as the freight charges for return CARRIAGE to the place of departure, surcharges, any other similar services or charges.
5.4 PAYMENT OF CHARGES
5.4.1 Rates and charges agreed in the contract of carriage or otherwise may be paid in such currency, as agreed, or in Euros. When payment is made in a currency other than Euros, such payment will be made at the rate of exchange established for such purpose by CARRIER.
5.4.2 Full applicable charges, whether prepaid or collect, fees, duties, delivery fee, taxes, charges, advances and payments, made or incurred or to be incurred by CARRIER and any other sums payable to CARRIER, will be deemed fully earned, whether or not the CARGO is lost or damaged, or fails to arrive at the destination specified in the contract of CARRIAGE. All such charges, sums and advances will be due and payable upon receipt of the CARGO by CARRIER, except that they may be collected by CARRIER at any stage of the service performed under the contract of carriage and may be collected at any time upon demand of CARRIER. Late payments will be subject to interest at a rate of 0.5% (half a percent) per day or the maximum rate allowed by applicable law, whichever is less. For the avoidance of doubt and notwithstanding any other mention to the contrary, any dispute regarding an invoice or part thereof shall not affect the SHIPPER’s obligation to pay the invoice in full pending resolution of the dispute. CARRIER shall have the right at its sole and absolute discretion to apply any payments made by SHIPPER to any outstanding invoices in the order it sees fit. Any CARRIER’s invoice shall be deemed correct and irrevocably accepted by the SHIPPER unless the SHIPPER has notified the CARRIER in writing within 30 (thirty) calendar days from the date of the invoice that the invoice or part thereof is disputed. Such notification shall include the relevant invoice number and all details of the reason for the dispute.
5.4.3 The SHIPPER guarantees payment of the freight rate, storage charges and all other unpaid charges, unpaid CHARGES COLLECT, advances and disbursements of CARRIER. The SHIPPER also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which CARRIER may incur or suffer by reason of the inclusion in the SHIPMENT of articles the CARRIAGE of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the CARGO, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume or anything resulting from or related to the negligent act or omission by SHIPPER. CARRIER shall have a lien on the CARGO for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the CARGO at public or private sale (provided that prior to such sale CARRIER has sent notice thereof to the SHIPPER or to the CONSIGNEE at the address stated on the AIR WAYBILL or other contract of carriage) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the SHIPPER and the CONSIGNEE shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of CARRIAGE, the CONSIGNEE agrees to pay such charges, sums and advances.
5.4.4 If the gross weight, measurement, quantity or declared value of the CARGO as measured by CARRIER or any of its agent or as documented in any written record exceeds the gross weight, measurement, quantity or declared value on which charges for CARRIAGE have been previously calculated, CARRIER shall be entitled to require payment of the charge on such excess based on applicable rates. SHIPPER further warrants the correctness of such gross weight, measurement, quantity or declared value and shall in any case INDEMNIFY CARRIER in relation to such correctness.
5.4.5 In any event CARRIER reserves the right to refuse SHIPMENTs on a CHARGES COLLECT basis.
5.4.6 CARRIER may cancel the CARRIAGE of the SHIPMENT upon refusal by the SHIPPER, after demand by CARRIER, to pay the charges or portion thereof so demanded, without CARRIER being subject to any liability, therefore.
5.4.7 COMPLIANCE Except as otherwise agreed with by the CARRIER, any payment of charge shall be effected from a bank account located at a place of residence of the SHIPPER. Furthermore, any payment in cash shall not be accepted. In respect of payments to be received for any SHIPMENT, SHIPPER warrants complying with all applicable laws and regulations (including, but not limited to, tax regulations) of every jurisdiction in which the SHIPPER is located and operate. SHIPPER shall INDEMNIFY CARRIER in relation to any actual or alleged violation by the SHIPPER of any applicable laws, rules and regulations (including tax laws) of every jurisdiction in which the SHIPPER is located and operate.