Page:United States Statutes at Large Volume 49 Part 2.djvu/1001

This page needs to be proofread.


INTERNATIONAL AIR TRANSPORTATION. OCTOBER 12,1929. (j) The apparent condition of the goods and of the packing; (k) The freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (I) If the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expensesincurred; (m) The amount of the value declared in accordance with article 22 (2); (n) The number of parts of the air waybill; (0) The documents handed to the carrier to accompany the air waybill; (p) The time fixed for the completion of the transportation and a brief note of the route to be followed, if these matters have been agreed upon; (q) A statement that the transportation is subject to the rules relating to liability established by this convention Article 9 If the carrier accepts goods without an air waybill having been Lbbilltles. made out, or if the air waybill does not contain all the particulars set out in article 8 (a) to (i), inclusive, and (q), the carrier shall not be entitled to avail himself of the provisions of this convention which exclude or limit his liability. Article 10 3017 (1) The consignor shall be responsible for the correctness of the Responsibility for particulars and statements relating to the goods which he inserts in corree ness. the air waybill. (2) The consignor shall be liable for all damaO'es suffered by the carrier or any other person by reason of the irregufarity, incorrectness or incompleteness of the said particulars and statements. Article 11 (1) The air waybill shall be prima jacie evidence of the conclusion Prima facie evidence of the contract, of the receipt of the goods and of the conditions of of (·ontract. transportation. (2) The statements in the air waybill relating to the weight, dimensions, and packing of the goods, as well as those relating to the number of packages, shall be primajacie evidence of the facts stated; those relating to the quantity, volume, and condition of the goods shall not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods. Art-icle 12 (1) Subject to his liability to carry out all his obligations under .('clDsi!-" tlOr's right to the contract of transportation, the consignor shall have the right to dlSj)()Scofgoods. dispose of the goods by withdrawing them at the airport of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them 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 by requiring them to be returned to the airport of departure, He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors, and he must repay any expenses occasioned by the exercise of this right. (2) If it is impossible to carry out the orders of the consignor the carrier must so infonn him forthwith.