TERMS AND CONDITION OF CARRIAGE 1. For the purpose of the conditions PNG Air. Its servants, agents and employees and any other person, form or corporations with whom PNG Air may have arrangements pursuant to condition 9 hereof. 2. PNG Air is not a common carrier, and will accept no liability as such. Accordingly, if reverses the right to refuse to any cargo without assigning any reason there for. 3. The shipper warrants that the consignment does not contain any explosive, volatile spirits of other cargo hazardous or dangerous of inflammable nature, as prescribed in ICAO Annex 18. 4. Notwithstanding the freight rate charged or the designation given to the cargo, neither PNG Air of the person described in the condition 9 shall be liable for any damage, injury, delay of loss of any nature sustained by owner, shipper of consignee however, out of or incidental to the carrier of cargo, or any other services provided pursuer to this contrast or a variation thereof, or as subsequent contrast between PNG Air and the consignee affecting the cargo by PNG Air or any other person and whether or not the same shall be due or alleged. To be due to misconduct or negligence and whether or not the same was caused by an act of omission which was authorised or permitted by, or as within the scope of contract, including deviation, failure to deliver, misdeliver or delivery to an unauthorized person. 5. Each package or unit (excluding livestock, second hand furniture, household effects and artefacts) as insured by PNG Air for K20.00 per KG or actual value whichever is lesser, agent theft, damage, delay, pilferage, accidental loss or breakage. Such insurance and any additional cover included exceptions for loss and damage due or partly due to cargo been improperly or insufficiently marked!” owner’s risk” and extends for period described in Condition. Perishables are excluded from the damage and breakages insurance cover and are not insured against delay of deterioration howsoever caused. No claims shall be allowed unless lodged in writing at the office or nearest office or to the place which cargo is consigned, within {3} days after the cargo is delivered in respect of damage or within thirty {30} days after the date of the consignment note in respect of loss. 6. The shipper shall be liable to pay charges (including any charges or expenses for the card and maintenance of livestock) but without prejudice to rights against the consignee or any other person. Freight shall be payable whether the goods are delivered to the consignee or not and whether damage or otherwise. Under no circumstances will any payments for freight be refunded. If, on demand any persons fails to pay charged due to PNG Air may detain and sell or any of the goods of the goods of the persons which are in its possession and out of monies arising from the sale retain the changes so payable, and all changes and expenses of the detention and sale render the surplus, if any, of the monies arising from the sale shall not be prejudice of affect the right of PNG Air to recover from the persons liable to pay the same and any such charges due payable in respect of any service or detention and sale. 7. It is agreed that the person who deliver the cargo for carriage is authorised to sign in consignment note on behalf of the shipper and that the shipper ( A ) is either owner of the cargo or the agent authorized by the owner to enter into this contract, and ( B ) is the agent for the consignee authorized by / here to enter into this contract, and ( C ) is specifically authorized by the owner and consignee to agree that this conditions including Conditions 4 shall apply to any variation of this contract or in subsequent contract between PNG Air and consignee affecting the cargo. 8. This contract shall apply to the carriage of the cargo of the provision of any other service pursuant to this contract until the cargo is delivered to the consignee or his agent the airport chose by PNG Air for the performance of this contract or at the appropriate airline office in any case where a shipper request the on forwarding of goods, the obligation of PNG Air under this contract shall terminate upon tender or transfer the goods to another operator for on carriage. 9. PNG Air may arrange with any other to undertake the provision of any services affecting the cargo and enter into this contract for and on behalf of itself and such other person and their respective servants or agents all of them shall have benefits of this contract including Condition 4. 10. No agents’ servant or representative has authority to after modified or waive any provision of this contract. The contract shall be governed by a construed according to the law of Papua New Guinea and any other proceedings against PNG Air shall are brought in Papua New Guinea. In this contract person # includes a firm or corporation and the cargo # means whatever is carried pursuant to this consignment note.