Page:China Civil Aviation Law 1995.pdf/50

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all his obligations under the contract of transport of cargo by air, the shipper shall have the right to dispose of the cargo 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; provided that the shipper must not exercise this right of disposition in such a way as to prejudice the carrier or other shippers and he must repay any expenses occasioned by the exercise of this right.

If it is impossible to carry out the orders of the shipper, the carrier must so inform him forthwith.

If the carrier obeys the orders of the shipper for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the shipper, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.

The right conferred on the shipper shall cease at the moment when that of the consignee begins in accordance with the provisions of Article 120 of this Law; provided that if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, the shipper shall resume his right of disposition.

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