S.F. Airlines Co., Ltd.
(Effective on November 29, 2024)
Table of contents
Chapter 1 Definition
Chapter 2 Scope of application.
Chapter 3 Acceptance of cargo
Chapter 4 Transportation documents
Chapter 5 Freight rates and charges
Chapter 6 Cargo Transportation
Chapter 7 Shipper's Disposal of Cargo
Chapter 8 Deliver
Chapter 9 Continuous Carrier
Chapter 10 Carrier's liability
Chapter 11 Raise objections, complaints, and lawsuits
Chapter 12. Laws that must be obeyed.
Chapter 13 Effectiveness, modification and interpretation
S.F. Airlines Co., Ltd. General Conditions for International Cargo Transportation
Chapter 1 Definition
Article 1 Definitions
"These Conditions" refers to the General Conditions for International Cargo Transportation of S.F. Airlines Co., Ltd. Unless otherwise specified or clearly stipulated in the specific terms, the following terms in these Conditions have the following meanings:
(1)" Shipper's agent" refers to an enterprise or individual who, with the authorization of the shipper, consigns goods on behalf of the shipper or signs documents related to civil aviation cargo transportation.
(2)"Air cargo sales agent" refers to an enterprise established in accordance with the laws of the People's Republic of China, which signs a sales agency agreement with a carrier and engages in civil aviation cargo transportation sales agency business.
(3)"Ground handling agent" refers to an enterprise that is entrusted by a carrier to engage in ground handling services such as cargo acceptance and transportation, on-site transfer, loading and unloading, etc.
(4)"Air Waybill” means a document called “Air Waybill” drawn up by or on behalf of the shipper and is evidence of the contract between the shipper and the carrier for the transportation of goods on the carrier’s routes.
(5)“Applicable Conventions” The following documents apply to the contract of carriage:
(a)The Convention for the Unification of Certain Rules Relating to International Carriage by Air (hereinafter referred to as the Warsaw Convention), signed in Warsaw on October 12, 1929;
(b)The Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at The Hague on September 28, 1955 (hereinafter referred to as the "Hague Protocol")
(c)The Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28, 1999 (hereinafter referred to as the "Montreal Convention")
(6)“Cargo” means any article transported or to be transported by an aircraft, including luggage transported on an air waybill, but excluding mail or luggage carried on a passenger ticket and baggage check.
(7)"Transportation" means the transportation of goods by air or otherwise, whether free of charge or for reward.
(8)"International transportation" means transportation in which, unless otherwise provided for in the Convention, the place of departure, the place of destination or one of the agreed stopping places of the goods under the contract of transportation is not within the territory of the People's Republic of China, regardless of whether the transportation is interrupted or transferred.
(9)"Carrier" refers to a public air transport enterprise that uses civil aircraft to transport cargo and mail for the purpose of profit.
(10)“SF Airlines” refers to S.F. Airlines Co., Ltd.
(11)“One consignment” means one or more pieces of goods transported under one waybill and delivered to one consignee at one destination.
(12)"Shipper" refers to the enterprise or individual that enters into a contract with a carrier for civil air cargo transportation and signs the air waybill or cargo transportation record.
(13)"Consignee" means the enterprise or individual to whom the carrier delivers the goods in accordance with the name listed on the air waybill or cargo transportation record.
(14)“Freight Rate” refers to the price of air cargo transportation from the departure airport to the destination airport that is announced by the carrier and takes effect on the day the consignor and the carrier sign the cargo transportation contract, or is agreed upon by both parties to the contract.
(15)“Gross weight” means the weight of the goods obtained by using an officially approved weighing instrument, including the weight of the goods packaging and pallet.
(16)“Loss” means the loss caused by the destruction, loss or damage of the consigned goods during the transportation process.
(17)“Prepayment” means that according to the cargo transportation contract, the shipper pays to the carrier all payable fees related to the transportation of goods when consigning the goods.
(18)“Cash on delivery” means that according to the cargo transportation contract, the consignee pays the carrier all payable fees related to the transportation of goods when picking up the goods.
(19)“Transportation period” means the whole period from consignment to delivery during which the consigned goods are under the control of the carrier.
(20)“Delivery of goods” means the consignee signs for and accepts the consigned goods as shown on the waybill and the carrier transfers the consigned goods to the consignee.
(21)“Day” means a full calendar day, including weekends and holidays .When determining the validity period, the date on which the transport document is signed, the flight departure date or the day on which the notification is issued shall not be counted.
Chapter 2 Scope of Application
Article 2 General Provisions
These Conditions of Carriage apply to all cargo transportation performed by or on behalf of SF Airlines, including all incidental services. If such transportation is "international transportation" as stipulated in Article 1 of these Conditions, such transportation shall also comply with the provisions of the Convention and shall not conflict with the provisions of the Convention.
Article 3 Applicable Laws and SF Airlines' Rates
All transportation and other services provided by SF Airlines shall comply with the following provisions if they do not conflict with the provisions of Article 2:
(1)Applicable laws (including national laws supplementary to the Convention or applying the Convention to carriage which is not "international carriage" as defined in the Convention), government regulations, orders and rules;
(2)These Conditions of Carriage and other applicable documents, regulations, rules and flight schedules of SF Airlines (but excluding the departure and arrival times specified in the flight schedules), which can be checked at SF Airlines offices and airports with scheduled flights.
Article 4 Free Transportation
SF Airlines provides free or preferential fare transportation and has the right to exclude the application of all or part of these terms.
Article 5 Charter Flights
In the case of any inconsistency between the terms of these Conditions and the terms contained in the Charter Agreement for cargo transportation undertaken by SF Airlines pursuant to the Charter Agreement, the Charter Agreement shall take precedence unless otherwise provided.
SF Airlines accepts transportation according to the charter agreement. Regardless of whether an agreement is reached with the shipper, the shipper shall agree to be bound by the above provisions.
Article 6 Changes without notice
These conditions and published rates and charges are subject to change without prior notice unless otherwise provided by law or government regulations and orders; if the change occurs after the date on which SF Airlines accepts the waybill, such change shall not apply to the transportation contract.
Article 7 Effective Provisions
All cargo transportation carried out in accordance with these conditions shall also comply with the regulations and freight rates currently in effect on the day when SF Airlines accepts the air waybill. If these conditions are inconsistent with the regulations and freight rates of SF Airlines, these conditions shall prevail.
Chapter3 Acceptance of Goods
Article 8 Goods Acceptable for Transport
(1)Unless otherwise specified, SF Airlines may carry the following cargo if its equipment and space allow:
(a)Its transportation, import and export are not prohibited by the laws and regulations of the countries of origin, destination or transit points;
(b)The package is well-packed and suitable for air transportation;
(c)Attach necessary supporting documents;
(d)Do not endanger the safety of aircraft, personnel and property.
(2)SF Airlines shall verify the supporting documents and shall not accept carriage of any items that do not comply with the regulations.
(3)SF Airlines reserves the right to refuse to transport cargo when necessary without taking any responsibility.
Article 9 Value Limitation of Goods
(1)Unless otherwise agreed, the declared value of the goods on each waybill shall not exceed RMB 2,000,000 (or its equivalent in other currencies).
(2)The total value of cargo carried on each flight shall not exceed RMB 20,000,000 (or its equivalent). If the value of a batch of cargo exceeds this limit, it shall not be transported on the same flight, but SF Airlines may decide to transport it in batches on two or more flights.
Article 10 Packaging and Labeling of Goods
(1)The consignor shall accurately declare the name of the goods and correctly classify, identify, package, mark and label the goods so that the goods can be transported safely under normal operation and will not endanger the safety of aircraft, personnel and property;
(2)Valuables must be packaged and sealed in accordance with SF Airlines' regulations.
(3)Shippers shall not carry prohibited or restricted items, dangerous goods, etc. in goods or their packaging.
(4)When a shipper's agent engages in civil aviation cargo transportation activities, he or she shall hold the shipper's authorization letter and the relevant provisions of the conditions concerning the shipper's liability shall apply.
Article 11 Acceptance Restrictions
(1)SF Airlines shall not accept or transport items that are prohibited from transportation by national laws and regulations.
(2)SF Airlines does not accept live snakes for transportation at this time.
(3)SF Airlines does not transport letters that are exclusively handled by postal enterprises or official documents of state agencies.
(4)Any items that are restricted from transportation by national laws, regulations and rules must meet the prescribed procedures and conditions before they can be transported. When consigning restricted items, the consignor must provide valid documents of permission for transportation issued by government management departments such as the Public Security Bureau, Industry and Commerce Bureau, and Inspection and Quarantine Bureau.
(5)Special cargo includes dangerous goods, live animals, fresh and perishable goods, valuables, coffins, etc. The consignor shall comply with the regulations of the relevant countries and SF Airlines on special cargo transportation when consigning special cargo.
(6)The cargo received and transported must comply with SF Airlines' route, aircraft type, and intermodal transport restrictions.
Article 12 Liability for failure to comply with the conditions for acceptance and transportation of special goods
If the shipper fails to comply with the relevant special cargo acceptance conditions, resulting in any loss, damage, delay or fine to SF Airlines and the cargo it transports, or causes property or personal injury to a third party, the shipper shall pay full compensation.
Article 13 Carrier's right to inspect
SF Airlines has the right to inspect the packaging and contents of all delivered goods and investigate the correctness and completeness of any documents and materials of delivered goods, but SF Airlines does not assume any obligation in this regard.
Article 14 ULD
When the shipper uses ULD to transport goods, he/she must comply with SF Airlines' loading instructions. The shipper shall bear the consequences of failure to comply with the regulations.
Chapter 4 Transport Documents
Article 15 Air Waybill
The shipper shall fill in the air waybill in the format, method and number of copies specified by SF Airlines, or ask someone to fill in the air waybill on his behalf. The air waybill shall be submitted to SF Airlines together with the cargo for transportation.
If the freight and other charges in the air waybill have been determined, they shall be filled in by SF Airlines.
Article 16 Indication of Goods Appearance and Packaging
If there are any defects in the appearance and packaging of the goods, the shipper should explain this in the air waybill submitted. If the shipper fails to explain or the explanation is incorrect, SF Airlines can make corrections, but the shipper shall bear the final responsibility.
Article 17 Filling in or Correction by the Carrier
SF Airlines may fill out the air waybill on behalf of the shipper at the request of the shipper. Regardless of whether the request is made in an explicit or implicit manner, unless there is evidence to the contrary, SF Airlines shall be deemed to have filled out the air waybill on behalf of the shipper. If the air waybill delivered with the cargo does not contain all the required contents or contains errors, SF Airlines has the right to complete or correct it with the authorization of the shipper, but SF Airlines does not bear any obligation to do so.
Article 18 Responsibility for the Correctness of SF Airlines Waybill Contents
The shipper is responsible for the accuracy of the detailed contents and descriptions of the cargo in the air waybill. Regardless of whether the air waybill is filled out by the shipper himself or by someone else, if the descriptions and statements filled out on the air waybill do not comply with regulations, are incorrect or incomplete, and cause losses to SF Airlines or other persons for whom SF Airlines is responsible, the shipper shall bear the liability for compensation.
Article 19: Alteration of Air Waybill
SF Airlines has the right to refuse to accept the air waybill if its contents or words are altered or deleted.
Chapter 5 Freight Rates and Fees
Article 20 Applicable Rates and Charges
The freight rates and charges referred to in these Conditions of Transportation are those officially announced by SF Airlines and are effective on the date the airway bill is issued.
Article 21 Units of Calculation of Rates and Fees
Freight rates and charges are calculated based on the higher of the actual weight or volumetric weight of the cargo. The chargeable weight is in kilograms, and the decimals less than 1 kilogram are rounded up. The volumetric weight is calculated as 1 kilogram per 6,000 cubic centimeters. Valuables are calculated based on the actual gross weight, and the unit of weight is 0.1 kilogram.
Article 22 Services not included in published tariffs
Unless otherwise specified by SF Airlines, the rates and charges (as defined in Article 20) only apply to transportation between the departure airport and the destination airport, and do not apply to any other auxiliary services related to air transportation provided by SF Airlines, which are listed as follows in a non-exhaustive manner:
(1)Pick-up, delivery and ground transportation between SF Airlines’ operating airport and any air cargo terminal in the city;
(2)Warehouse management and warehouse equipment usage fees;
(3)Insurance premiums;
(4)Prepayment;
(5)Cargo customs clearance fees paid by SF Airlines and fees paid by SF Airlines as a shipper, consignee, cargo owner or agent;
(6)fees, fines and tariffs levied by government departments;
(7)SF Airlines's expenses for repairing damaged packaging;
(8)The cost of transferring the goods by any mode of transport, costs of re-transportation or return to the place of origin or onward transportation to a place other than the destination;
(9)Fees for any other similar services.
Article 23 Payment of Fees
(1)The rates and charges are published in the currency specified in the rates conditions and can be paid in any currency accepted by SF Airlines. When paying in a currency different from the currency used in the published rates, the exchange rate published by SF Airlines for this purpose shall be used for conversion. The exchange rate can be checked at the SF Airlines office that accepts payment.
(2)All freight charges, whether prepayments or pay on delivery, and handling charges, taxes, prepayments and payments already made and any other amounts payable to SF Airlines, whether the cargo is destroyed, lost, damaged or not delivered to the destination as per the contract, shall be deemed as all income due to SF Airlines. Except for the charges that SF Airlines may charge at any stage of providing services in accordance with the transportation contract, all these charges, payments and prepayments shall be paid promptly upon acceptance of the cargo by SF Airlines.
(3)The shipper guarantees to pay all unpaid freight, freight on delivery and prepayments and expenses paid by SF Airlines. The shipper guarantees to compensate SF Airlines for all fees, fines, time loss, property damage and other losses incurred by SF Airlines due to the presence of articles prohibited by law in the consigned goods, or due to the lack, delay or error of import and export licenses or any other supporting documents, or due to the inconsistent customs value declared, or incorrect weight and volume declaration. If the above situation occurs, SF Airlines has a lien on the goods. If the payments due to SF Airlines is not paid, SF Airlines has the right to sell the goods publicly or privately (but a mailing notice shall be sent to the consignor or consignee listed on the air waybill in advance) and use part or all of the proceeds from the sale as compensation for the damage. If the proceeds from the sale are insufficient to compensate for SF Airlines' losses, the shipper and consignee shall still jointly or separately compensate for the difference. The consignee's acceptance of the delivery of the goods or the exercise of any other rights stipulated in the transportation contract, it means that the consignee agrees to pay the fees, charges and advances other than the prepaid freight.
(4)If the actual gross weight, dimensions, number of pieces or declared value of the cargo exceeds the actual gross weight, dimensions, number of pieces or declared value of the cargo that has been charged, SF Airlines has the right to demand payment of the excess amount.
(5)If the destination country stipulates that the currency cannot be converted into other currencies or cannot be transferred out of the country, SF Airlines reserves the right to refuse to handle freight on delivery under any circumstances.
(6)Unless otherwise agreed, SF Airlines does not provide freight on delivery service. All costs related to cargo transportation, if agreed to use the freight on delivery, should be paid in cash by the consignee when SF Airlines delivers the cargo.
(7)If the shipper refuses to pay all or part of the freight required by SF Airlines, SF Airlines may cancel the transportation of the goods without assuming any liability.
Chapter 6 Cargo Transportation
Article 24 Compliance with Government Regulations
(1)The consignor shall comply with all effective laws, customs and other government regulations of the countries of departure, arrival, stopover and overflight of the cargo, including regulations on cargo packaging, transportation and delivery. The consignor shall provide relevant information and documents along with the cargo in accordance with the requirements of these laws and regulations. SF Airlines has no obligation to investigate the correctness and completeness of the information and documents provided by the consignor. SF Airlines shall not be liable to any other person for any loss or expense caused by the consignor's failure to comply with the provisions of this paragraph. The consignor shall compensate or indemnify SF Airlines for any damage or loss (such as compensation to a third party) caused by the consignor's failure to comply with the provisions of this paragraph.
(2)If SF Airlines makes a decision to refuse to transport any cargo reasonably and in good faith based on any applicable laws, government regulations, requirements, orders or conditions, SF Airlines shall not be liable for the consequences.
Article 25 Payment and Customs Formalities
SF Airlines may prepay taxes, fees and any other amounts related to the cargo, and the shipper and consignee shall be jointly or separately responsible for reimbursement. Unless the shipper has prepaid the fees, SF Airlines has no obligation to prepay or pay any amount for the transfer or re-transportation of the cargo.
At any stopover location, if the goods must go through customs formalities and no customs clearance agent is specified on the air waybill, SF Airlines shall be deemed to have delivered the goods when it transports the goods to that location.
For this purpose, any copy of the air waybill, certified in writing by SF Airlines, shall be deemed the original air waybill.
Article 26 Schedules, Routes and Cancellations
(1)The times shown in SF Airlines' flight schedule and other places are approximate, not guaranteed to be accurate, and do not constitute part of the transportation contract. The start, completion or delivery time of transportation is not determined. Unless otherwise specifically agreed and indicated on the air waybill, SF Airlines only guarantees the transportation of goods within a reasonable time, but does not assume the obligation to arrange for the goods to be transported by any designated aircraft, on any specific route, or to connect with flights at any location on any specific schedule. Even if the route is indicated on the air waybill, SF Airlines has the right to choose or deviate from the route. SF Airlines is not responsible for any errors or omissions in the flight schedule or other published flight schedules. Any statement or representation made by any employee, agent or representative of SF Airlines regarding the date, time, or performance of a flight shall not be binding on SF Airlines.
(2)SF Airlines has the right to transport all or part of the cargo by any ground means or arrange such transportation without prior notice.
(3)Due to reasons beyond SF Airlines' control, or due to reasons that SF Airlines cannot reasonably foresee when accepting and transporting the cargo, or due to any circumstances that SF Airlines deems necessary, SF Airlines has the right to cancel, suspend, change, postpone, delay or advance any flight or the continued transportation of any cargo without prior notice, or to continue the flight without carrying all or part of the cargo.
(4)If any flight is cancelled, changed, postponed, delayed or brought forward, or discontinued other than at destination, or any cargo transportation is cancelled, changed, postponed, delayed, brought forward or suspended due to reasons beyond SF Airlines' control or reasons that SF Airlines could not reasonably foresee when accepting and transporting the cargo, SF Airlines shall not bear any liability in this regard. When the transportation of a cargo or any part thereof is suspended, SF Airlines will hand it over to any transit agent for further transportation, delivery or storage, which shall be deemed that SF Airlines has fulfilled the complete delivery according to the transportation contract. SF Airlines shall not bear any further liability except sending the notice of disposal to the shipper or consignee at the address listed in the air waybill. SF Airlines may, but is not obliged to, continue the transportation through other routes, and the required costs shall be added to the cargo.
(5)In accordance with government laws, regulations and orders, SF Airlines has the right to determine the priority of cargo transportation. According to the same regulations, SF Airlines may decide to unload any items in a cargo shipment at any time and any place and continue the flight. If the cargo cannot be transported, or the transportation is postponed or delayed, or any items are unloaded midway as a result of the priority determination, SF Airlines will not bear any consequences caused by this to the shipper, consignee or any third party within the scope of exemption.
Article 27 Carrier's Rights in the transportation of Goods
Whether before, during or after transportation, SF Airlines may detain the cargo at any location in order to execute government instructions or when it deems it necessary, and store it in any warehouse or other possible location by itself or in conjunction with the customs, and the costs and risks shall be borne by the shipper. SF Airlines may also hand over the cargo to other transportation agencies for further transportation to the consignee. SF Airlines shall notify the shipper of such action. The shipper shall compensate SF Airlines for the expenses that may be incurred due to detaining the cargo and bear its risks.
Chapter 7 Disposal of Goods by the Shipper
Article 28 Use of the right of disposal
Only the Shipper or the agent designated by the shipper may use the right of disposal; the object of the use of the right of disposal must be all the goods under one air waybill. If the shipper or its agent presents the holding copy of the air waybill or submits it in other ways prescribed by SF Airlines, the right of disposal of the goods may be used. The instructions for disposal of the goods must be submitted in the written form prescribed by SF Airlines. If the use of disposal changes the consignee, the new consignee shall be deemed to be the consignee appearing on the air waybill.
Article 29 Shipper's Right of Choice
(1)If the shipper has fulfilled all obligations stipulated in the transportation contract and does not interfere with SF Airlines or other shippers, the shipper may dispose of the goods at its own expense in the following ways:
(a)Pick up the goods at the origin or destination airport;
(b)Suspension of transportation during stopover;
(c)Delivered to a consignee other than the one specified on the air waybill at the destination or during transportation;
(d)Request the goods to be returned to the originating airport.
(2)If SF Airlines is unable to execute the shipper's instructions, SF Airlines shall immediately notify the shipper.
Article 30 Payment of Fees
The shipper shall be responsible for and compensate SF Airlines for any loss or damage caused by the shipper's use of the right of disposal. The consignor shall compensate the carrier for any expenses caused by the use of the right of disposal.
Article 31 Scope of the shipper's rights
After the goods arrive at the destination, the consignee accepts the goods or the air waybill, or requests delivery of the goods or the air waybill, or signs for the goods, the shipper's right of disposal is terminated. However, if the consignee refuses to accept the air waybill or the goods, or the consignee cannot be contacted, the shipper's right of disposal over the goods will resume.
Chapter 8 Delivery
Article 32 Arrival Notification
If there is no other instruction, the cargo arrival notice shall be sent to the consignee and other persons indicated on the air waybill with the consent of SF Airlines. The cargo arrival notice shall be delivered by telephone, email, etc. SF Airlines shall not be liable for situations where the consignee has not received the notice or has received it late.
Article 33 Delivery of Goods
Unless otherwise specified on the air waybill, cargo can only be delivered to the consignee named on the air waybill or his agent. Delivery of cargo to the consignee shall be deemed to have taken effect when:
(1)When SF Airlines has delivered the consignee or its agent a notice for the consignee to pick up the goods;
(2)When the goods are delivered to the customs or other government agencies in accordance with laws and customs regulations.
Article 34 Place of Delivery
Unless otherwise specified, the consignee must accept delivery and pick up the goods at the destination airport.
Article 35 Handling of Undeliverable Goods
(1)Unless otherwise specified, if the consignee refuses or cannot accept the delivery of the goods after the goods arrive at the destination airport, SF Airlines shall try its best to handle it according to the instructions of the shipper indicated on the air waybill. If such instructions are not indicated or cannot be reasonably executed, SF Airlines shall notify the shipper of the consignee's failure to accept the delivery and request the shipper to give instructions. SF Airlines' storage period for undeliverable goods is 90 days (except for perishable items). If the consignor's instructions are not received during the 90 - day storage period or the consignee fails to complete the cargo pickup procedures during the 90-day storage period or no one claims the goods after 90 days, SF Airlines will handle it after consulting the local competent authorities. Before disposing of the goods according to the opinions of the local competent authorities, the consignee or shipper shall be notified.
(2)The shipper shall be responsible for paying all fees and expenses arising from or related to the failure to deliver the goods, including but not limited to the freight for returning the goods at the request of the shipper. If the goods are returned to the departure airport and the shipper still fails to pay or refuses to pay the fees within 15 days, SF Airlines may sell part or all of the goods publicly or privately 10 days after notifying the shipper of its disposal intention. After deducting the freight and other expenses from the proceeds, the excess amount shall be handed over to the consignor or consignee for disposal. The shortfall shall be paid by the consignor or consignee.
Article 36 Handling of Perishable Goods
(1)When a shipment of perishable goods as defined in the regulations of SF Airlines is delayed under the control of SF Airlines, is not picked up or is refused to be picked up at the destination station, or is in danger of decay and deterioration due to other reasons, SF Airlines may immediately take steps it deems appropriate to protect the interests of itself or other parties after consulting the customs and inspection and quarantine authorities for handling opinions, including but not limited to destroying or abandoning part or all of the goods, contacting the shipper to obtain the shipper's order, but the cost of the contact shall be borne by the shipper, storing part or all of the goods at the cost and risk of the shipper, or selling part or all of the goods publicly or privately without prior notice.
(2)If the above-mentioned goods are sold at the destination or returned to departure station, SF Airlines has the right to deduct the expenses incurred from the sale proceeds, and the remaining balance shall be at the disposal of the shipper. The sale of any goods cannot relieve the shipper or cargo owner of the obligation to pay the difference.
Article 37 Payment of Fees
When the consignee accepts the air waybill and the cargo, he or she shall be obliged to pay all fees and freights related to the transportation. Unless otherwise agreed, the shipper shall not be relieved of its liability for such charges and freight and shall be jointly and severally liable with the consignee. SF Airlines may deliver the cargo depending on the payment of the fees and freights.
Chapter 9 Successive Carriers
Article 38 Transport performed by multiple successive carriers under a transport contract shall be deemed as a single transport activity.
Chapter 10 Liability of the Carrier
Article 39 Period of liability
For any damage caused by destruction, loss, damage or delay of any cargo, if the accident causing such damage occurs during the transportation period defined in Article 1 of these Conditions, SF Airlines and the successive carriers related to such transportation shall be liable to the shipper, consignee or other persons, except where the liability is exempted by law.
Article 40 Negligence and intentional act of the carrier
Except as otherwise provided in the applicable convention, SF Airlines shall not be liable to the consignor, consignee or other person for any damage, delay or loss of any nature caused by or in connection with the carriage of cargo or other services, unless such damage, delay or loss is proved to be caused by the negligence or intentional act of SF Airlines and there is no contributing negligence on the part of the consignor, consignee or other claimant.
Article 41 Defects of the Goods
SF Airlines shall not be liable if the destruction, loss or damage of the goods is proved to be solely caused by the inherent defect, quality, property or blemish of the goods.
Article 42 Liability for damage to animals
The Carrier is not liable for loss, damage or expense resulting from the death of the animal from natural causes; or from the death or injury of the animal caused by the behavior or actions of the animal or other animals, such as biting, kicking, goring or suffocation; or from the condition, nature, habits of the animal itself or from poor packaging of the animal; or from the animal's inability to withstand the inevitable changes in the physical environment during transportation.
If the carrier is obliged to compensate a third party due to the transportation of animals, the carrier has the right to claim full compensation from the consignor.
Article 43 Indirect Losses
SF Airlines shall not be liable for any indirect loss or damage caused by transportation performed under these conditions, regardless of whether SF Airlines is aware of the possibility of such loss or damage.
Article 44 Promotive actions of the claimant
If the damage was caused by the negligent or other wrongful act or omission of the claimant or the claimant's assignor, the carrier shall be exempted from liability in whole or in part, depending on the extent.
Article 45 Compensation Standards
Unless the shipper has a special declared value for the cargo and paid a surcharge, SF Airlines' liability for damage, loss or delay of the cargo is limited to USD 20 per kilogram or its equivalent. If the shipper has a special declared value for the cargo and paid a surcharge, SF Airlines' liability shall not exceed the declared value indicated on the airway bill. All claims must provide evidence of value.
Article 46 Method of calculation of partial damage to goods
If part of the cargo or any item in the cargo is damaged, lost or delayed, the weight used to determine SF Airlines' liability limit is only the total weight of the package or packages. However, if part of the cargo or items in the cargo are damaged, lost or delayed, which affects the value of another package or packages listed in the same air waybill, the total weight of the other package or packages should also be taken into account when determining the liability limit. In the absence of contrary evidence, the value of the damaged, lost or delayed cargo is calculated from the total value of the batch of cargo according to the proportion of its weight in the total weight of the batch of cargo.
Article 47 Damages caused to SF Airlines by the shipper, cargo owner or consignee
SF Airlines shall be compensated for any losses or expenses incurred by the consignor, cargo owner or consignee's property that causes damage or destruction to other cargo or SF Airlines' property. SF Airlines may abandon or destroy cargo without prior notice in an emergency without assuming any liability if the cargo may cause danger to aircraft, personnel or property due to its inherent defects, nature or flaws or poor packaging.
Article 48 Liability of the carrier that issues the waybill
If the cargo is transported on another carrier's flight with SF Airlines' air waybill filled out, SF Airlines is merely the agent of that carrier. The shipper has the right to sue the first carrier, and the consignee and the person entitled to delivery of the cargo have the right to sue the last carrier. SF Airlines is not responsible for damage, loss or delay of cargo not transported on its own flights.
Article 49 Liability of the agent
If SF Airlines' liability is exempted or limited according to these terms, such exemption or limitation shall also apply to SF Airlines' agents, employees or representatives, and also to other carriers providing aircraft or other modes of transportation.
Chapter 11 Objections, Complaints and Litigation
Article 50 Form and Time Limit for Filing an Objection
(1)Unless there is evidence to the contrary, if the consignee has no objection when accepting the goods, the goods shall be deemed to have been delivered in good condition and in conformity with the contract of transportation.
(2)Unless the consignee raises an objection to SF Airlines in written form, he or she shall not file a lawsuit against SF Airlines for loss, damage or partial damage of the cargo. Such objection should be raised in the following ways:
(a)If the goods are obviously damaged or partially damaged, the claim should be made immediately upon discovery and no later than 14 days from the date of receipt of the goods;
(b)In the case of other damage, it should be claimed within 14 days from the date of acceptance of the goods;
(c)In case of delay, the claim should be made within 21 days from the date when the consignee takes control of the goods;
(d)If the goods are not delivered, the claim should be made within 120 days from the date of issuance of the waybill.
Article 51 Complaint channels and time limit for acceptance
(1)For international cargo transported by SF Airlines, the email address for SF Airlines to accept complaints is "sfacc@sf-express.com".
(2)For international cargo transported by SF Airlines, SF Airlines promises to handle the complaint within 15 working days from the date of receipt of the complaint from the shipper or consignee and inform the complainant.
Article 52 Time limit for litigation
The statute of limitations for air transport disputes is 2 years, calculated from the date when the civil aircraft arrives at the destination, should have arrived at the destination, or the date when the transportation is terminated. Any rights against SF Airlines will be lost after the statute of limitations expires, unless otherwise provided by the laws of the country where the court is located.
Chapter 12: Laws that must be obeyed
Article 53 Any terms and conditions contained or involved in the air waybill and this condition of transportation must comply with Chinese laws, government regulations, orders or requirements. Any conflicting terms and conditions shall be invalid. The invalidity of any term shall not affect the validity of other parts of this Condition of transportation.
Disputes arising out of or in connection with this Condition shall be governed by the laws of China. Subject to the application of the Convention, litigation regarding losses may be conducted at the option of the claimant in the court where the headquarters of SF Airlines is located, the court where the branch of SF Airlines that concluded the contract is located, or the court of the destination, etc.
Chapter 13 Entry into Force, Amendment and Interpretation
Article 54 This Condition of Transportation has been filed with the Civil Aviation Administration of China and shall take effect from the date of publication.
Article 55 SF Airlines' agents, employees or representatives have no right to modify, change or waive any clause in the transportation contract or this Condition of Transportation.
Article 56 S.F. Airlines Co., Ltd. shall be responsible for interpreting these terms and conditions.