(Cargo damage occurred during the weekend where shipment was delivered on Friday, with the AWB handed over on Monday with a Monday issuing date.)
Q.
A shipment of dangerous goods was delivered to the airline on Friday while the AWB was executed on Monday with a Monday issuing date. An accident occured over the weekend and the cargo was damaged. The airline rejects the claim on grounds that the AWB is dated on Monday and the shipment had not been officially accepted for carriage. Kindly explain.  (31 Mar 19)
A.
This is a case which can actually happen in a live senario. If everyone strictly followed the stipulations in the conventions and followed the rules, there would have been no problem, but people tend to take short-cuts and enjoy practical day-to-day routine thus making unofficial business practices of their own. Let me first explain the correct procedures, and then single out the errors made.

(1) The Warsaw Convention Article 6, Item 1 says; “The air consignment note (AWB) shall be made out by the consignor in three original parts and be handed over with the goods.”

Here are the errors made.
(a) The shipper is in error by bringing the cargo without the AWB;
(b) The airline is in error for receiving the cargo without the AWB; (The airline should have rejected the shipment due to the absence of the AWB.)
(c) The airline is in error for taking the cargo into their custody over the weekend although from good will; (Responsibility of custodianship forces the airline a liability not governed by the Warsaw Convention – This liability is limitless at merchandise value)
(d) It would have avoided the problem if the AWB executed on Monday showed Friday as the AWB Date; (Although you may be held under accusation for a falsified date)

(2) At the bottom of the AWB front page, you will find the last line with the entries: “Executed on (Date)”, “at (Place)”, “Signature of Issuing Carrier or its Agent”. The “Executed on (Date)” is the AWB DATE in question. It is the date when the carrier’s liability had begun.
It is not the date that the cargo was loaded on the airplane nor the date of the flight.

A long battle in court is expected between the shipper demanding compensation for the full value of the damaged cargo versus the airline insisting that the subject custody was simply provided from good wil without obligation.

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