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Article 7-Shipper's Right of Disposition


Every exercise of the right of disposition must be made by the shipper or his designated agent, if any, and must be applicable to the whole shipment under a singe air waybill, or under a single shipment record.  The right of disposition over the cargo may only be exercised if the shipper or such agent produces the part of the air waybill which was delivered to him, or communicates such other form of authority as may be prescribed by Carrier’s regulations.  Instructions as to disposition must be given (in writing) in the form prescribed by Carrier.  In the event that the exercise of the right of disposition results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the air waybill or in the shipment record.


7.2.1   Subject to his liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such way as to prejudice Carrier or other shippers, the shipper may at his own expense dispose of the cargo either:    by withdrawing it at the airport of departure or of 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 named in the air waybill or shipment record; or    by requiring it to be returned to the airport of departure;

7.2.2    Provided that, if in the opinion of Carrier, it is not reasonably practicable to carry out the order of the shipper, Carrier shall so inform him promptly.

7.3 PAYMENT OF EXPENSES. The shipper shall be liable for and shall indemnify Carrier for all loss or damage suffered or incurred by Carrier as a result of the exercise of his right of disposition.  The shipper shall reimburse Carrier for any expenses occasioned by the exercise of his right of disposition.

The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the consignee takes possession or requests delivery of the cargo or air waybill, or otherwise shows his acceptance of the cargo.  Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper.

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