RM0 - RM
12.1 Subject to the provisions set out below, Carrier is liable (if at all) to the Shipper, Consignee or any other person for damage sustained in the event of destruction of 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 in article 1.
12.2 Except as may be otherwise provided in any applicable Convention, Carrier is not liable to the Shipper, Consignee or any other person having an interest in the cargo in tort or contract or bailment or otherwise for any consequences of any delay in the collection of cargo or loss of or damage to or deterioration of cargo or mis-delivery or failure to deliver or delay in delivery of cargo for any reason whatsoever including without limiting the foregoing, the negligence, recklessness, gross negligence or willful conduct or default on the part of the Carrier or its servants or agents whether or not the same occurs in the course of performance by or on behalf of Carrier under the contract or in events which are in the contemplation of the Carrier and/or Shipper or in events which are foreseeable by them or either of them or in events which may constitute a fundamental breach of contract or breach of a fundamental term.
12.3 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 caused by 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 in the carriage by air. Furthermore, Carrier will not be liable for loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
12.4 Carrier shall not be liable in any event for any (i) loss of business opportunities and contracts, revenue, profits, anticipated savings, goodwill or reputation (whether arising directly or not) and (ii) special, indirect or consequential loss or damage arising from carriage subject to these Conditions, whether or not Carrier had knowledge that such loss or damage may be incurred.
12.5 If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom be derives his rights, Carrier shall be wholly or partly exonerated from liability to the claimant (if any liability should attach at all) to the extent that such negligence or wrongful act or omission caused or contributed to the damage.
12.6 Liability of Carrier (if any at all) shall not exceed the applicable convention limit or, if no convention applies, 17 Special Drawing Rights, per kilogram of cargo destroyed, lost, damaged or delayed. If, with the 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 any liability shall in no event exceed such declared value for carriage stated on the fact of the Air Waybill or included in the Shipment Record. All claims shall be subject to proof of value.
12.7 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 (if any at all) is limited shall be only the weight of the items (smallest unit of account being an object, package, box, or carton) affected when unpacked irrespective of the number of packages identified on Air Waybill or Shipment Record. Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages, boxes or cartons covered by the same Air Waybill, the total weight of such affected package, box or cartons shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of 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.
12.8 The Shipper, owner and Consignee whose property causes damage to or destruction of another shipment or of the property of Carrier, shall jointly and severally indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. 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.
12.9 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 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.
12.10 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.
Version 1 (March 2012)