时间：2014-12-21 09:06来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Evidentiary value of air waybill and cargo receipt 1. Data recorded in the air waybill or the cargo receipt relating to weight, dimension, packing of cargo and number of cargo packages are prima facie evidence with which a claim or action is taken against the carrier. 2. Data recorded in the air waybill or the cargo receipt relating to the weight, volume and condition of the cargo do not constitute evidence for bringing a claim or action against the carrier except so far as they have been and are stated in the air waybill or the cargo receipt to have been checked in the presence of the consignor, or those data can be obviously seen from outside the cargo. Right of disposition of cargo 1. The consignor shall have the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor shall not exercise this right of disposition if the exercise of this right may cause difficulties to normal operation of the carrier or other consignors. The consignor shall reimburse any expenses occasioned by the exercise of this right. 2. If it is impossible to carry out the orders of the consignor, the carrier shall so inform the consignor forthwith. 3. If the carrier carries out the orders of the consignor for the disposition of the cargo without requiring the production of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable for any damage which may be caused thereby to any person who lawfully has the right to such air waybill or cargo receipt. 4. The right of the consignor shall cease at the moment when the consignee requests the carrier to deliver the cargo to him. In the case the consignee declines to accept the cargo or it is impossible to deliver the cargo to the consignee, the consignor resumes its right of disposition of cargo. Refusal to accept the cargo or no consignee In the case when the consignee declines to accept the cargo or there is no consignee, the air carrier shall be under obligation to keep the cargo in storage and so inform the consignor. The consignor shall pay for all charges arising from the storage of the cargo. House air waybill 1. A house air waybill is an evidence of the conclusion of the contract for the carriage of cargo by air between the consignor and the freight forwarder, of the acceptance of the cargo and of the conditions of the contract. 2. The freight forwarder shall register the house air waybill with the Ministry of Transport. The registration document includes: a) The application letter for the registration of the house air waybill; b) The Business Registration Certificate; c) The house air waybill specimen which is in conformity with the contents of the air waybill set out in Article 130 of this Law. d) The Business Registration Certificate granted to foreign enterprise in the case the latter acts as the house air waybill issuing agent for the foreign freight forwarder. 3. The Ministry of Transport shall decide whether or not to issue the Certificate of the registration of house air waybill within the period of seven working days from the date of receipt of the required documents specified in paragraph 2 of this Article. 4. The freight forwarder who applies for the Certificate of Registration shall pay fees. Liquidation of the cargo 1. The cargo shall be liquidated in the case the consignee refuses to take delivery of the cargo or the cargo could not be delivered to the consignee when the consignor declines to take it back or does not communicate for the purpose of taking back the cargo within the period of sixty days from the date on which a notice has been given by the carrier to the consignor. The cargo, which is subject to rapid deterioration, may be liquidated before such period. |
