| (B) |
Guarantee of Unpaid Charges
The shipper guarantees payment of all costs, expenditures, fines, penalties, loss of time, damages and other sums which JAL may incur or suffer by reason of:
| (a) |
inclusion in the shipment of articles, the carriage of which is prohibited by Applicable Laws;
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| (b) |
illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or description of the cargo;
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| (c) |
absence, delay or incorrectness of any export or import license or any required certificate or document;
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| (d) |
improper customs valuation; or
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| (e) |
incorrect statement of weight or volume.
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By taking delivery or exercising any other right arising from the contract with shipper for carriage of cargo pursuant to the charter agreement, the consignee agrees to pay all such charges, and sums except prepaid charges; but this shall not discharge the shipper's guarantee to pay the same. JAL shall have a lien on the shipment for each of the foregoing, and in the event of non-payment thereof, shall have the right to dispose of the shipment at public or private sale (provided that prior to such sale, JAL shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill), and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. No such lien or right of sale, and no right of JAL to collect any of the foregoing shall be in any way affected, lost or prejudiced by reason of the acknowledgement of payment, if not actually paid, or, so far as concerns the right of JAL to collect any of the foregoing, by reason of the delivery of the cargo or the surrender of the possession thereof.
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