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Conditions of Contract

Conditions of Contract




AIR WAYBILL - CONDITIONS OF CONTRACT

CSC(32) 600b Expiry: Indefinite

Type: B

RESOLVED that:

The following Conditions of Contract and Notices be included on an Air Waybill¹.

I. NOTICE APPEARING ON THE FACE OF THE AIR WAYBILL

It is agreed that the goods described herein are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER'S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

II. CONDITIONS OF CONTRACT ON REVERSE SIDE OF THE AIR WAYBILL


NOTICE CONCERNING CARRIER'S LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
* This Resolution is in the hands of all IATA Cargo Agents.
¹ In order to ensure consistency with any future changes in liability limits for loss of, damage, or delay to cargo under Article 24 of the Montreal Convention, the IATA Secretariat is authorized to conform the provisions of this Resolution 600b (and any other affected Cargo Services Conference Resolutions or Recommended Practices) to such changes without further Conference action. Conforming changes shall take effect on the date specified in written notice to Members by the IATA Secretariat which shall include a copy of the revised Resolution.



CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon:

CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
that Convention as amended at The Hague on 28 September 1955;
that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations;

2.2.2 provisions contained in the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier's conditions of carriage. The Carrier's conditions of carriage include, but are not limited to:

2.2.2.1 limits on the Carrier's liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier's right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier's liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier's tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier's tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier's limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier's limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier's agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper's failure to comply with this provision.

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.

 

Silkway Airlines

Reliability, punctuality, efficiency and safety are what you can expect from our experienced team at Silk Way Airlines. We are always ready to support our clients in organizing any charter flight and cargo shipment requested. We aim to be one of the leading cargo airlines on the continent, providing our customers with the best solutions for transportation of any kind of cargo on their cost benefits.

News & Updates

Comments by Bulgarian Defence Industries Association

The Bulgarian Defensive Industry Association (BDIA) is a non-profit legal entity. It is founded in 2004 by twelve companies leading in the branch and is aimed to serve as a forum for exchange of ideas between the state bodies and the defensive industry for resolving the problems of the branch and its steady development. The Association aims at forming an “united voice” of the Bulgarian defensive industry on the matters of modernization, defensive industry policy, the offset policy and the policy for procedures and procurement for the defense and the safety of the country, the scientific researches and the technological development. BDIA works for the progress and consolidation of the branch for resolving the problems of the defense and safety of the country.

We keep contacts and cooperate with the Bulgarian state bodies and with our partners as well as with related associations from the country and abroad in the field of the defensive industry and technologies; we acquire and spread information concerning the state policy and procedures for defense and safety procurement, the scientific researches and the technological development; we support the activities of the state bodies in the safety sector aimed to development of the defensive industry. Carrying out its aims our Association arranges national and international meetings and conferences, spreads abroad information about its activities and the capabilities of its members and forms program directions in functional fields.

We Bulgarian military producers herewith do have to clearly reject any of the accusations made in an article saying that Bulgarian military producers and their subcontractors or assigned carriers had been involved in a weapon trafficking to terrorist organizations.

All our military production as well as all related export and carriage procedures, including the flights from Bulgaria with our military production on board have been run and organized under a full controlled regime and meet all local and international rules. All flight destinations and consignees are clearly stipulated under full control of all respective local and international authorities.

Some articles in the media refer to the so-told “investigation” of a journalist Dilyana Gaytandzhieva, present heavy accusations without any evidences. What is said in these articles is a false information based on spoofed, distorted or untrue facts. Bulgarian military production has never been and will never be delivered to any untrusted recipient. All our deliveries, including those made with Silk Way Airlines (hereinafter referred as “Silk Way”), were made with full set of legal documents and permits, under the control of all local and international authorities and without any diplomatic immunity. Obtaining flight permissions through diplomatic channels doesn’t mean the obtaining of diplomatic immunity. Statements that a Bulgarian production has been delivered by airplanes of Silk Way to terrorist organizations and to untrusted regions is untrue and their only purpose is to destroy our good reputation as well as the good reputation of the companies we use to deliver our products.

Nowadays in a world of transparency there is no room for any international flight moreover caring military production on board to operate in discrepancy to the legal standards.

We know that Silk Way is a member of the international aviation community and therefore are bound to international laws and conventions clearly stipulating the nature of flight operation. We know that Silk Way is allowed to operate in full compliance with all existing laws. That is why we regularly use their services as reliable partner doing safe and professional transportation, according to all local and international legal provisions.

All the permits regarding our deliveries are issued through the Ministry of Foreign Affairs of the requested states. We and the air companies we assign to deliver our products, in this case Silk Way disclose before all respective authorities’ full information about the nature of the cargo, the shipper and the consignee. The air company receives special permits and not diplomatic immunity to transport the cargo from the country of the shipper, the country of the consignee, as well as from the countries through which the aircraft flies.

As one can see, the delivery of Bulgarian military cargo is under the full control of the responsible local and international authorities so stating that the Bulgarian production on the board of the airplanes of Silk Way or other air company has been delivered to terrorists is absolutely untrue, moreover it is offensive and destroy not only the good reputation of the Bulgarian producers of military goods and the transporting companies but also the reputation of all Bulgarian and international authorities which control and give permissions for such exports.

Members of Bulgarian Defence Industries Association are:
  1. Avionams JSCo
  2. Arcus JSCo
  3. Arsenal JSCo
  4. Bulgarian Industrial Engineering and Management
  5. Vazovski Mashinostroitelni Zavodi JSCo (VMZ)
  6. Videx JSCo
  7. Dunarit JSCo
  8. International Armored Group
  9. Institute of Metal Science Equipment and Technologies “Akad. A. Balevski” with Hydroaerodynamics Centre
  10. Electron Consortium JSCo
  11. Kintex SHC
  12. Maxam Bulgaria JSCo
  13. MTG- Dolphin JSCo
  14. Opticoelectron Group JSCo
  15. Optix JSCo
  16. Samel- 90 PLC
  17. Terem JSCo
  18. Transmobile
  19. Tcherno More JSCo

The Seventh International Caspian Air Cargo Summit 2017

The Seventh International Caspian Air Cargo Summit 2017 will be opened in Baku from 9 till 11 October at the Boulevard Hotel.


This international forum will bring again together key managers and executives of well-known worldwide companies to discuss options for the development of the cargo industry and identify the most promising areas in the market. More than 200 delegates will attend the two day discussions about current trends and forecasts in rapidly changing business environment.

Recently the footprint of Silk Way in main markets has been increased with more than 10 Boeing 747 all freighters does operate a true global network to more than 40 destinations week by week.

During years 2016 and 2017 the strong partnership with Cargolux, SW Italy and Sky Gates Russia Airlines has enabled Silk Way to make a quantum leap in their own development.

Doing more business with existing customers and at the same time winning more customers is the target of the whole group which is just been achieved.

Website: www.caspianaircargosummit.com

Official Facebook page: www.facebook.com/swwestairlines

Comments by Silk Way Airlines with regard to recent publications in the Bulgarian media

We herewith do have to clearly reject any of the accusations made in the articles as neither Silk Way Airlines nor its Group affiliates had been involved in any weapon trafficking nor The Group has been involved in similar transportations. All our flights ex Bulgaria have been run and organized under a full controlled regime, at the same time all flight destinations are clearly stipulated under full control of respective authorities in close cooperation with governmental agencies.

Our main hub in Baku is used by Silk Way Airlines as its main international air cargo gateway handling hundreds of thousands airfreight tons annually by not offering any services related to the article. We are recognized as a full member of the international aviation community and therefore are bound to international laws and conventions clearly stipulating the nature of flight operation and we are allowed to operate in full compliance with existing laws; moreover within a clear legal framework.

In nowadays world of transparency there is no room for any international flight operation not adhering to those legal standards.

First of all, all the mentioned articles refer to the so-told investigation of only one sole journalist- Dilyana Gaytandzhieva. This journalist was already fired from the Bulgarian “Trud” journal, for which she was working, for presenting such heavy accusations without any serious evidences. Coming to the articles, all of them are the various interpretations of the one original article by Dilyana Gaytandzhieva. In addition to being the interpretations of the original article, all of them were provided by the Armenian sources and taking into account the ongoing conflict between our countries they cannot be free from bias and reflect reality.

Coming to the accusation of using the diplomatic immunity - it is unclear on what Dilyana Gaytandzhieva bases her assertion that the leaked files (indeed the webpage of Embassy of the Republic of Azerbaijan in Bulgaria had been hacked) prove using a diplomatic immunity for military cargo transportation apart from her mistaken interpretation of the diplomatic clearance forms. Diplomatic clearance doesn’t provide any diplomatic immunity. It is a common practice in accordance with the requirements of IATA and ICAO, which grant the right to cargo and passenger aircraft to transport dangerous and military goods, given that the Airline has authorization requested through the Diplomatic Channels. Permits are issued through the Ministry of Foreign Affairs of the requested states. The Airline indicates full information about the nature of the cargo as well as information about the Sender and the consignee. The airline receives a special permit from the country of the Sender and the Consignee, as well as about the countries through which the aircraft flies. It is a common practice in majority of the countries.

As one can see, the procedure is typically the same in majority of the countries i.e the overflight request is given through diplomatic channels. The Ministry of Foreign Affairs of the Republic of Azerbaijan also requires obtaining the verbal notes for obtaining single-entry diplomatic permission for the civil and military aircraft that belong to other states for the over-flight by military and civil aircraft carrying dangerous cargo and equipped with weapons, that should be sent to the State Protocol Department of the Ministry of Foreign Affairs. Private air carriers cannot carry dangerous goods without obtaining diplomatic permission from the state to which or over which it flies.

Please note that granting foreign state aircraft authorization for overflight does not refer to the granting of diplomatic immunity. Instead, it is a common procedure and international regulation to receive permission for transporting dangerous goods and military equipment across airspace of the other state.

It is important to note that our company is just a carrier and is not involved in illegal military supply or other illegal activity. Silk Way Airlines has not any partnerships or alliances with companies or the countries which are or were under any international sanctions.

It should be mentioned that other airlines also transport military cargo in accordance with the requirements of IATA and ICAO and have partnerships with Ministries of Defense of different countries. For example, the United States Transportation Command (USTRANSCOM), one of nine unified commands of the United States Department of Defense, has partnerships with such air carriers as Atlas Air, Miami Air International.

Comments by the Embassy of the Republic of Azerbaijan with regard to recent publications in the Bulgarian media

The Embassy of the Republic of Azerbaijan informs that the IT resources of the Embassy have been subject to hacker attacks. This incident is recent in a series of cyberattacks against the Republic of Azerbaijan, including the Ministry of Foreign Affairs and its online resources.

The relevant authorities of the Republic of Azerbaijan are investigating this hack. Media outlets that are replicating groundless allegations with regard to this hacker attack as well as timing of this incident are of no coincidence and may indicate the origins of and masterminds behind this attack against the Republic of Azerbaijan.

This hacker attack once again revealed the urgency of co-operation between States, international organizations and private industry in combating cybercrime, including by investigating and prosecuting such criminal offences at both domestic and international levels. We expect that the Republic of Bulgaria as a host country and whose internet provider services have been used by the Embassy of Azerbaijan, will fully cooperate to this end.

With regard to press allegations on operations of the Silk Way airline of Azerbaijan, the Embassy resolutely rejects these speculations as baseless. The Silk Way airline is the leading freight logistics provider of Azerbaijan, which gained international reputation for its reliable, efficient and transparent operations worldwide in full compliance with relevant IATA/ICAO regulations.

It is a well-established international practice that air carriers of dangerous cargo follow arms control regimes and relevant IATA/ICAO regulations and diplomatic clearance by consignor and consignee countries as well as countries along the air route is obtained and detailed information on relevant cargo is provided through diplomatic channels.

Silk Way Airlines and Boeing sign contract on purchase of 10 Boeing-737 MAX planes

Azerbaijani air company Silk Way Airlines and the American airspace corporation Boeing have the contract for purchase of 10 passenger planes Boeing-737 MAX, Boeing-737 MAX.
The document was signed on April 14 in Baku by President of Silk Way Holding Zaur Ahundov and Senior Vice President of Boeing Marty Bentrott. Participating in the signing ceremony were AZAL President Jahangir Asgarov and Ambassador Extraordinary and Plenipotentiary of the USA to Azerbaijan Robert Sekuta.
Total sum of the agreement makes about $1bln.
Based on the primary discussion with Export-Import bank, for the first time in history of the civil aviation of Azerbaijan financing of the deal about acquisition of aircrafts was carried out without provision of state guarantees.
It is noteworthy that the agreement on supply of modern Boeing-737 MAX aircrafts was signed in summer of the past year within the framework of the international Farnborough Airshow-2016 hosted in Great Britain.
The first two new generation places will be delivered to Azerbaijan by the end of 2018 while the rest will come by the end of 2020.

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