Rule No. 80: DELIVERY, PROVISIONS AND REQUIREMENTS

  1. DELIVERY TO CONSIGNEE:
    1. Except as specifically provided in the air waybill, delivery of the consignment will be made to the consignee named on the face of the air waybill, unless such consignee is one of the Carriers participating in the carriage, in which event delivery shall be made to the party indicated on the face of the air waybill as the party to be notified. Delivery to the consignee shall be considered to have been affected when the consignment has been delivered to customs or other government authorities as required to enable the consignee to obtain release of the consignment and Carrier has forwarded the notice of arrival referred to in Paragraph B of this rule.
    2. Delivery of the consignment shall be made by Carrier only upon written receipt of the consignee and upon compliance with all other applicable terms and conditions of the air waybill and of this tariff.
    3. Carrier will not accept instructions from the Shipper to obtain, proof of payment for the consignment or acceptance of a draft check or bill of exchange prior to release of a shipment to the consignee.
  2. NOTICE OF ARRIVAL: Unless the consignment is to be re-forwarded in accordance with Rule 95 herein, notice of arrival of the consignment will in the absence of other instructions be given to the consignee or the party to be notified, such notice will be given by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.
  3. PLACE OF DELIVERY: The consignee or his agent must accept delivery of and collect the consignment at the airport of destination unless the shipment is to be re-forwarded in accordance with Rule 95 herein.
  4. FAILURE OF CONSIGNEE TO TAKE DELIVERY:
    1. Subject to the provisions in Paragraph E hereof, if the consignee refuses or fails to take delivery of the consignment after its arrival at the place of delivery, Carrier will endeavor to comply with any instructions of the Shipper set forth on the face of the air waybill. If no such instructions are so set forth, or if such instructions cannot be complied with, Carrier, after forwarding to the Shipper notice of the failure of the consignee to take delivery, will: 
      1. return the consignment to the airport of departure, there to await instructions of the Shipper; or 
      2. after holding the consignment for period of not less than (30) days, sell such consignment in one or more lots at public or private sale.
    2. The Shipper and owner are liable for all charges and expenses resulting from or in connection with the failure to take delivery of the consignment (prepaid and collect shipments), including, but not limited to, carriage and warehousing charges incurred in returning the consignment. If the consignment is returned to the airport of departure and the Shipper or owner refuses or neglects to make such payments within 15 days after such return, Carrier will dispose of the consignment or any part thereof at public or private sale after giving the Shipper at the address stated on the air waybill 10 days notice of its intention to do so.
    3. In the event of the sale of the consignment as provided for above, either at the place of destination or at the place to which the consignment has been returned, Carrier will pay out the proceeds of such sale all charges, advances and expenses plus costs of sale, holding any surplus subject to the order of the Shipper. A sale of any consignment shall, however, not discharge the Shipper and/or owner of any liability hereunder to pay any deficiencies due to Carrier.
  5. DISPOSAL OF PERISHABLES: When a consignment containing perishable articles is delayed in the possession of Carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Carrier will immediately take such steps necessary for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications at the cost of the Shipper, the storage of the consignment or any part thereof at the expense of the Shipper, or the disposition of the consignment or any part thereof at public or private sale without notice. The sale of any such consignment however, shall not discharge the Shipper of any liability to pay any charges and expenses due Carrier.