|
1 Article 1. Main principle. In order to further strengthen the relationship between China A-irlines (CI) and Martinair (MP) and to jointly develop the airtransportation of cargo from Taiwan to Europe, both parties haveagreed to enter into the following Joint Venture Agreement as c-ontained hereunder : 1 On its cargo aircraft operating between Amsterdam and TaipeiMP agrees to provide CI with the foliowing weekly cargo capac-ity from Taipei to Amsterdam : a When MP so operates Boeing 747 or Boeing 747 and DC10, maximum 45 metric tonnes or 19 described pallets ; minimum 30 metric tonnes or 12 described pallets. b When MP so operates only DC10 --30CF, maximum 30 metric ton-nes or 18 108 " x88" pallets ; minmum 20 meteric tonnes or 12 108 " x88 " pallets. 2 MP undertakes to provide the capacity that CI requests withinthe scope of art. 1. par. 1 at all times except in cases of f-orce majeure. Should force majeure ever apply then CI and MPwill establish and agree ad hoc arrangements. 3 It is agreed that CI may divide its capacity equally or almostequally over maximum two flights per week. 4 The capacity that CI intends to use shall be accomodated on t-he number of ULD's (pallets) as agreed upon in article 1 of t-he Annex to this Agreement. It is agreed that each individual shipment shall not weigh le-ss than 100 kilos. 5 CI-airwaybills will be used by CI for the transportation of i-ts cargo in the above capacity. No-declared-value for carriagewill be accepted on CI-cargo shipped on MP-flights and all sh-ipments will be treated as general cargo regardless of theirnature. Article 2. Assessment of Chargtes and Account Settlement. 1 CI and MP agree that the weekly capacity selected by CI on orbefore the deadline stipulated in art. 4. of the Annex to thisAgreement is the capacity for which CI will pay MP, regardlesswhether CI acturally uses that capacity. The payment will be alumpsum based on the charges in Art. 3. of the Annex to thisAgreeinent. 2 MP shall procure and maintain height, mail and third party li-ability insurance naming CI as additional assured to the exte-nt prescribed. 3 Any liability insurance related to the operation under this A-greement that MP shall carry and maintain, shall inculde CI,its officers, employees and agents as named additional assuredwith a suitable cross liability clause. 4 MP shall procure and maintain all risks Aircraft Hull Insuran-ce including coverage against War and related risks for the a-ircraft provided by MP causing its insurers waive their rightsof subrogation against CI. 5 The consignments - contents of which are libale to deteriorat-ion or perishment due to changes in climate, temperature, alt-itude or ordinary exposure or becauese of length of time in t-ransit, intermediate landings, deviations etc., - Will only beaccepted without responsibility on the part of MP for loss or damage due to such deterioration or perishability and CI shallhold MP, its personnel and agents free and harmless with resp-ect thereto. Cargo must be packed in accordance with IATA/RAR regulationsfor transportation on board cargo aircraft and must be accomp-anied by a signed Shipper's Certificate. Dangerous goods shall be delivered to MP warehouse module sep-arately from other cargo and not later than 12 hours before d-eparture and such cargo can only be accepted when in accordan-ce with the relevant IATA-regulations. Articles 5. Noteices All notices and other communications hereunder shall be in writ-ing and in English and shall be deemed to have been duly givenwhen delivered by hand or registered mail, telexed or telegraph-ed to the party to which such notice or other communication isrequired or permitted to be given at the following addresses :If to CI : Director, Cargo Division China Airlines Limited 131, Nanking East Road, Section 3 Taipei, Taiwan Repbulic of China SITA: TPEFZCI TPEFYCI TPEFGCI TELEX: 11346 Taipei Chinair If to MP : Vice President, Logistics Martinair Holland P.O. Box 7507 1118 ZG Schiphol Airport The Netherlands SITA:SPLLMMP HkGDDMP TPETOMP TELEX: 11678 Article 6. Validity This agreement shall become effective on the date of signature,and shall remain in force unless terminated by either partner g-iving to the other a notice of termination 30 days prior to thebeginning of any LATA traffic period. Subject notice shall be given in writing by registered mail tog-ether with telex to the addresses stipulated in Article 5 of theAnnex to this Agreement and shall be deemed to be duly receivedby addressee on the tenth day following the day on which said m-ail and telex shall have been so dispatched. Executed in two copies, both in English. For China Airlines [Signed] Leo S.W. Fong Director Cargo Division Dated : 15 August,1987 For Martinair Holland [Signed] Gerrit Draai Vice President Logistics Dated : 15 August, 1987 ANNEX To the Joint Venture Agreement between China Airlines Ltd., andMartinair Holland N.V. |
| 1 Space allocation for CI. a When MP operates 747 or 747 and DC 10 : Any combination of the following ULD's (pallets) : 96Nx125Nx118N applicable payload 2667kg g6Nx125Nx 96N applicable payload 2550kg > on 747 96Nxl2SNx 64N applicable payload 1600kg / 88Nx108Nx 83N applicable payload 1667ke on DC10, >on 747 provided that whateveer toatl payload CI selects, CI can useno more than : 3 pallets 118N high, or l2 apallets 96N high,or 4 pallets 64N high,or 18 pallets 83N high, (DC10) in the relevant combination with the separate pellet parylo-ds to make up the total required. If in accordance with Article 1. par.3. of the Agreement CI wants to divide its weekly capacity over two flights one of which is operated by DC10, then it is agreed that -one 64N-height 747 pallets are equal to one 83N-hight DC10 pellet and - every two g6N-height 747 pallets are equal to three 83N-height DC10 pallets. b When only DC 10 is operated : DC l0-operation (all pallets 88" x 108" floordims) Weightor NumberNett.Price of pallets 30,000 kg.18 x 83 N high US$74,400 28,333 kg.17 x 83 N high US$ 70,266 26,667 kg.16 x 83 N high US$ 66,134 25,000 kg.15 x 83 N high US$ 62.000 23,334 kg.14 x 83 N high US$ 57,868 21,667 kg.13 x 83 N high US$ 53,734 20,000 kg.12 x 83 N high US$ 49,600 2 When MP operates its cargo flights from Taipei to Amsterdam a-lso on Fridays and Staurdays, then CI is authorized to divide its allocated weekly capacity over these flights. 3 Charge for the allocated Space The charge to be paid by CI toMP for allocated capacity is based on current Taipei to EuropeMarketing Selling rate of US $ 3.10 per kilo minus 20 % and t-he resultant lumpsum amounts to be paid are computed on the b-asis of the foliowing pallet unit prices with due regard to a-rt. 2. per. 1. of the Agreement : Type of palledUnit price 118N high US$ 6614 96N highUS$ 6324 64N highUS$ 3968 83N high (DC10) US$ 4133 a When MP operates 747, or 747 and DC10, the weekly minimum l-umpsum will thus be US$ 74,400 and the maximum US$ 111,600 b When MP operates only DC10, the weekly minimum lumpsum will thus be US$ 49,600 and the maximum US$ 74,400 4 CI shall inform MP by SITA-telex, bearing QU-prefix, not laterthan 96 hours (Saturdays, Sundays and public holidays therefr-om excluded) before the ETD of the relevant flight, of the ac-tual capacity that CI intends to use on that flight. MP will be addressed as follows : TPETOMP HKGTOMP SPLFMMP SPLFNP SPLLMMP. MP shall inform CI by SITA-telex, bearing QU-prefix before eachFriday, of MP's flightoperation planning of the week followingthat Friday: aircraft type, flight number, date of departure fr-om Taipei, routing. In case of subsequent changes, prompt notice shall be given to :TPEFYCI TPEFGCI TPEFCCI TPEFNCI TPEAECT TPEADCI. 5 All communications pertaining to the space control on MP-flig-hts with CI capacity, other than agreed in Article 4., will becoordinated between TPEFCCI and TPETOMP with copy to HKGTOMPand SPLFMMP 6 Onforwarding Pursuant to Article 3.1. of the Agreement MP shall arrange fr-ee trucking from Amsterdam to the following destinations. W. Germany: Dusseldorf, Cologne, Bremen, Frankfurt, Hamburg, Munich, Nuremberg, Stuttgart, Hannover. : Brussels, Antwerp. Belgium : London. United Kingdom: Paris. France: Copenhagen. Denmark : Madrid. Spain : Milan,Rome. Italy 7 Validity This Annex shall become effective on August 15, 1987 and will bereviewed after 3 months. For China Airlines [Signed] Leo S.W. Fong Director Cargo Division Dated : 15 August, 1987 For Martinair Holland [Signed] Gerrit Draai Vice President Logistics Dated : 15 August, 1987 |
|
1 Article 1. Main principle. In order to further strengthen the relationship between China A-irlines (CI) and Martinair (MP) and to jointly develop the airtransportation of cargo from Taiwan to Europe, both parties haveagreed to enter into the following Joint Venture Agreement as c-ontained hereunder : 1 On its cargo aircraft operating between Amsterdam and TaipeiMP agrees to provide CI with the foliowing weekly cargo capac-ity from Taipei to Amsterdam : a When MP so operates Boeing 747 or Boeing 747 and DC10, maximum 45 metric tonnes or 19 described pallets ; minimum 30 metric tonnes or 12 described pallets. b When MP so operates only DC10 --30CF, maximum 30 metric ton-nes or 18 108 " x88" pallets ; minmum 20 meteric tonnes or 12 108 " x88 " pallets. 2 MP undertakes to provide the capacity that CI requests withinthe scope of art. 1. par. 1 at all times except in cases of f-orce majeure. Should force majeure ever apply then CI and MPwill establish and agree ad hoc arrangements. 3 It is agreed that CI may divide its capacity equally or almostequally over maximum two flights per week. 4 The capacity that CI intends to use shall be accomodated on t-he number of ULD's (pallets) as agreed upon in article 1 of t-he Annex to this Agreement. It is agreed that each individual shipment shall not weigh le-ss than 100 kilos. 5 CI-airwaybills will be used by CI for the transportation of i-ts cargo in the above capacity. No-declared-value for carriagewill be accepted on CI-cargo shipped on MP-flights and all sh-ipments will be treated as general cargo regardless of theirnature. Article 2. Assessment of Chargtes and Account Settlement. 1 CI and MP agree that the weekly capacity selected by CI on orbefore the deadline stipulated in art. 4. of the Annex to thisAgreement is the capacity for which CI will pay MP, regardlesswhether CI acturally uses that capacity. The payment will be alumpsum based on the charges in Art. 3. of the Annex to thisAgreeinent. 2 MP shall procure and maintain height, mail and third party li-ability insurance naming CI as additional assured to the exte-nt prescribed. 3 Any liability insurance related to the operation under this A-greement that MP shall carry and maintain, shall inculde CI,its officers, employees and agents as named additional assuredwith a suitable cross liability clause. 4 MP shall procure and maintain all risks Aircraft Hull Insuran-ce including coverage against War and related risks for the a-ircraft provided by MP causing its insurers waive their rightsof subrogation against CI. 5 The consignments - contents of which are libale to deteriorat-ion or perishment due to changes in climate, temperature, alt-itude or ordinary exposure or becauese of length of time in t-ransit, intermediate landings, deviations etc., - Will only beaccepted without responsibility on the part of MP for loss or damage due to such deterioration or perishability and CI shallhold MP, its personnel and agents free and harmless with resp-ect thereto. Cargo must be packed in accordance with IATA/RAR regulationsfor transportation on board cargo aircraft and must be accomp-anied by a signed Shipper's Certificate. Dangerous goods shall be delivered to MP warehouse module sep-arately from other cargo and not later than 12 hours before d-eparture and such cargo can only be accepted when in accordan-ce with the relevant IATA-regulations. Articles 5. Noteices All notices and other communications hereunder shall be in writ-ing and in English and shall be deemed to have been duly givenwhen delivered by hand or registered mail, telexed or telegraph-ed to the party to which such notice or other communication isrequired or permitted to be given at the following addresses :If to CI : Director, Cargo Division China Airlines Limited 131, Nanking East Road, Section 3 Taipei, Taiwan Repbulic of China SITA: TPEFZCI TPEFYCI TPEFGCI TELEX: 11346 Taipei Chinair If to MP : Vice President, Logistics Martinair Holland P.O. Box 7507 1118 ZG Schiphol Airport The Netherlands SITA:SPLLMMP HkGDDMP TPETOMP TELEX: 11678 Article 6. Validity This agreement shall become effective on the date of signature,and shall remain in force unless terminated by either partner g-iving to the other a notice of termination 30 days prior to thebeginning of any LATA traffic period. Subject notice shall be given in writing by registered mail tog-ether with telex to the addresses stipulated in Article 5 of theAnnex to this Agreement and shall be deemed to be duly receivedby addressee on the tenth day following the day on which said m-ail and telex shall have been so dispatched. Executed in two copies, both in English. For China Airlines [Signed] Leo S.W. Fong Director Cargo Division Dated : 15 August,1987 For Martinair Holland [Signed] Gerrit Draai Vice President Logistics Dated : 15 August, 1987 ANNEX To the Joint Venture Agreement between China Airlines Ltd., andMartinair Holland N.V. |