Document 0qaE3DbeeEXVwjBbYgnM6oe8M

CONTRACT TEKB3 AHD COftOITlOHS *. t. ta) Tbe carrier or party t& Bamwlw ! any of Lb* property herein daeoribed abaft be liable as av eoGnmnn taw to* auur leas thereat or damage tbrto, omM m twrsfe After provided. <b) No carrier or party in possession of ail-or any of the property herein described shaft be liable for any loss thereof or damage thereto or delay caused by the Act of God. tbe public enemy, the authority ot law. or the act or default of the shipper or earner, or for natural shrinkage. The carrier's liability shall be that of warehouseman, only, for lost, damage, ot -delny'c-.ii^eed by fire occurring after the expiration of the free time (if any) allowed by tariffs lwfuUjron;file (such free time to he computed as therein provided) after notice of the _#Ctival of the property at destination or at the port of export (W intended for export) baa been duly sent or given, and after placement of the property for delivery at destination, wor tender of delivery of the property to the party entitled to receive it; has been made. Except in case of negligobce of the carrier dr party in possession (and the burden to prove free . doth from such negligence shall be op' the'carrier.or party: ip possession), the carrier orporly-in possession shaft. hot be liable for- loan, damage, or delay occurring while the property fa stopped and held in transit upon the request of.tbe shipper, owner, or party, entitled to make such request, or resulting from a defector vice in the property, or for couDtry damage to cotton, or from riots or atrikes. Except in case of carrier's, negligence, no carrier or party in possession of all or any of the property herein described shall be Ijable for delay caused by highway obstruction, faulty or impassable highway, or lack of capacity ot any highway, bridge or ferry, and the burden to prove freedom from such negligence shall be on tb* Cfcmer ot. parly in possession. '. ' (c> In case ot Quarantine the property may be discharged at risk and expense of owners into Quarantine depot r_elewhere, as required by Quarantine regulation* or authorities, or f&r the carrier's dispatch at nearest available point in carrier's judgment, and in any such case carrier's responsibility shall cease when property is ao discharged, or property may be returned by carrier at owner's expense to shipping point, earning freight both.ways. Quarantine expenses of whatever nature Or kind upon or in respect to property shall be borne by the owners of the property or be a lien thereon. The carrier shall not be liable tor loss or damage occasioned 'by fumigation or disinfection or other acts required or dona by Quar antine regulations or authorities even though the same may have been done by carrier's officers, agents, or employees, nor for detention, loss, or damage of any kind occasioned by quarantine or the enforcement thereof. No carrier shall be liable, except in case of negligence, for any mistake or inaccuracy in any information furnished by the carrier, its ageata, or officers, uts quarantine laws or regulations. The shipper shall hold the carriers barmlere from any expense they may incur, or damages they may be required to pay. by reason of the introduction of the property covered by this contract into any place against the quarantine lawe or regulations in effect at such place. . Sec. 7. (a) No carrier is bound to transport said property by any particular schedule, train, vehicle or vessel, or in time for any particular market or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the potato! destination. In a)} eases not prohibited by Jaw, where a lower value than actual value has been represented in writing by tbe Shipper or baa been agreed upon io writing as the re leased value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occur* from negligence. (b) As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier Issuing this bill of lading, or carrier on whose line the loss, damage, inb'~y or delay occurred, or carrier in poeneeaion of the property when the loss, damage, injury or delay occurred, within nine months after delivery of the property {or. In the case of export traffic, within nine months after delivery at port of export) or. in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed; and suits shall be instituted against any carrier only within two years and one day from tbe day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claim* are not filed or suite are not instituted thereon in accordance with the foregoing provisions, so carrier hereunder shall be liable, and such claims will not be paid. ' ' ,. te) Any earner or party liable on account of Joes of e>r damage to any of said properly nhall have the full benefit of any insurance tb*t may have been effected upon or oa account of said property, eo far ae this eliall not avoid the policies or contracts of insurance: PROVIDED, That tbe carrier reimburse the claimant lor the premium paid thereon. Sec. J. Except where such service U required as tbe result of carrier'e negligence, all property shall be subject to necessary cooperage and haling at owoct'e cost. Each carrier over whose route cotton ot cotton liraers ie to be transported hereunder stall have the privilege, at >! oivp cost and risk, of compressing the same for greater convenience io handling or forwarding., and sbslt not be held responsible, for deviation or unavoidable delay* io procuring such compression. Grain io bulk consigned to a point where Ihete is a railroad, public or licensed elevator, may (unless otherwise expressly noted horeio, and then if it is not promptly Unloaded) be there delivered and placed with other grain of the same kind and grad* without respect to ownership (and prompt notice thereof shall bo given to the consignor), and if so delivered shall bo subject to ft tia for elevator charges in addition to all other charge* hereunder . Sec. 4. (a) Properly not removed by the party entitled to receive it vritbin the free time (if any) showed by tariffs, lawfully on file (such free time to be computed as therein provided), after notice of the arrival of the property at destination or at tbe port of export (if intended for export) baa been duly sent or given, and after placemen- of the property far delivery at destination has bean made, or property not received, at time tender of delivery of tbo property to tho party entitled to receive it has been made, may be kept in vessel, vehicle, ear, depot, warehouse or place of business of the carrier, subject to the tariff charge for storage and to carrier's responsibility as warehouseman, only, or at the option of the carrier, may be removed to and stored in a public or licensed warehouse at the point of delivery or other available point, or if no such warehouse is available at point of delivery or at other available point, then in other available storage facility, el the coat of tbe owner and there held without liability on the part of the carrier, and subject to a fieri for all fNKgbt and other lawful chsrccR. including a reasonable charge fer etoroge. In the event consignee cannot be found at address eiven for delivery, then in that event, notice of the placing of euch goods > warehouse shall be mailed to tbe address gives for delivery and mailed to any other address given on tbe bill of fading for notification, showing tbe warehouse in which euch property has been placed, subject to tho provision* of this paragraph. . ./ (b) Where nonperiehabte property which ha* bet-ri transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender of delivery, or said consignee or party entitled to receive It fails to receive or claim it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder, at such, place os may be designated by the carrier; .- PROVIDED,- That the .carrier shall have first moiled, sent, or given u> the consignor notice that tbe property baa been refused or remains unclaimed.as the cbbo may be. and that it will be subject to sale under the terms of the bill of lading if disposition be out arranged for. and shall hare published notice containing a description of tho property, the name I Lbs parly to whom consigned, or. il shipped order notify, the* name of the party to be notified, and the time and place of sale, onoe a week (or two successive weeks, in a newspaper of general circulation at the place of sale or nearest place w hen- such newspaper fa published. PROVIDED, That 30 days shall have elapsed before publication of notice ol sale after aid notice lhet the properly wan refused or remaioe unclaimed, was mailed, sent or given. (c) Where periehable properly which has been transported hereunder to destination is refused by consignee r.party entitled to receive it, or eaid consignee or party entitled to receive it shall, fail to receive it promptly, the carrier may, in it* discretion, to prevent deterioration or further deterioration, sell the unis to the beet advantage at private or public sale: PROVIDED, That if time serves lor notification to tbe consignor or owner of the refusal of the property or the failure to receive It and request for disposition of the property, each notification shall be given, in such manner as the exercise duo diligence requires, before the property j sold. (d) Where the procedure provided for io the two paragraphs last preceding is not possible, it is agreed that nothing contained in said paragraphs shall be construed to abridge the right of the.earner at t( upcioe io eed tne property u-uJe/ such circumstances and in such manner as may be authorised by law. . . (el Tf>e proceeds of arty sale m.i'Jy under tha section shall be applied by tho carrier to the payment.of freight, demurrage, storage, and any other lawful charges and the expense t .notice, advertisement 'sic. and other necessary r-pense and of caring tor and maintaining the property, if proper care of tbe same requires special expense, and should there be a balance it sb&ll be paid t_ the owner of the proper's sold hereunder. . If) Property destined to or taken from a stetion, wharf, landing or other place at which there Is no regularly appointed /rF-ight agent shall be entirely at risk of owner after un loaded from cars, vehicles ot vessels or until 1 xtdcii into car*, vehicles or vessels, and. except in case of carrier's negligence, when received from or delivered to eueh stations, wharfs, landings, or other places enalt be at owner's risk until the car* are attached to nod after they, are detached from locomotive or train or until-loadcd into and after unloaded iroro venaels. or if p'Hjperty is transported io m'-ter vehicle trailers or semi-trailers, until such, trailers or semi-trailers are attached to and after they are detached from power unite, where a carrier is directed to unload or deliver property transported by motor vehicle at a particular location where consignee or consignee's agent la not regularly located, the risk after un loading- or delivery, shall be that of O.o owner. > Sec. 5. No carrier hereunder vill carry or be liable in any wy for any documents, specie, or lor any article* of extraordinary value not specifically rated in tbe published classi fication or tariffs unless a special agreement to do so ami a stipulated value of tbo articles arc endorsed hereon. See. ft. Every party, whether principal or agent, shipping explosive* or dangerous goods, without previous fuff written diaefomre to the carrier of their nature, shall be liable fo and indemnify the carrier against all loss or damage caused by such goods, and such goods may be warehoused at owner'# risk and expanse or destroyed without compensation. Sec. 7. The owner or consignee shall pay the freight and average, if any. and *11 other lawful charges accruing on said property; but. except in those instances where it may law* fully be authorised to do so, no carrier shall deliver or rehnaoish peasession at dvatinatiorv of the broperly covered by this bill of lading until all tariff -rules and charge* thereon have been paid. The consignor shall be liable fur this freight and all other lawful charges, except that if the consignor stipulates, by signature, m the space provided for that purpose on tha face of thin bill of lading that the carrier ahalf not make delivery without requiring psymont of such charges and the oarrier. contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall uot be liable lor. each charges. PROVIDED, That where the carrier ha* been instructed by the shipper r consignor to deliver eaid property to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges io respect of the tranaporj Union of gold property (beyond those billed against him at the time of delivery for which he is otherwise fiabfef -which may be found to he due sftertho property ha* boon delivered to him. if th# consignee la) is on agent only add has no beneficial title in said property, and (b) prior to delivery of said property has notified the delivering carrier in writing of tbe fact of such agency and absence of beneficial titlo. and, in the case of a shipment reconsigoed or diverted to a point other than that specified in the original biU of lading, has also notsfiod the delivering camel in writing of the name and address ol the beneficial owner jf said property;, and, in such cases the shipper or consignor, or, ip the case of ft shipment ao recoasigned or diverted, the beneficial owner shaft bo liable for such additional charges. If the cousignee bos give to the carrier erroneous information an to who the beneficial owner l* ueb consignee shall himself be liahlts for Such additional charge*. Nothing herein shall limit tho right of tbe carrier to require at time of shipment the prepayment r guarantee of tbe charges. If upon inspection it is ascertained that the article* shipped are not those described in this bill-at lading, the freight charges ruuat bo paid upon the article* actually shipped See. fk If tbi# bill of lading la issued on the order of the shipper, or hie agent, io exchange or in substitution for another bill of Jading, tbe shipper's siguaiuTe to the prior failUl lading as to the statement ol value or otherwise, or election of'oornruon law or bill of fading liability, in or in connection with #ueb prior bill of Jading, shall be considered a part of tni bill of lading ha fully a* if the same were written or made in or in connection with (bin bill of Jading. . Sec. ft. (a) If all or any part of said property is carried by water over any part of oold route, such water carriage shall be Performed subject to all tbe term# and provision# of, d all the exemption# from liability contained h>. the Act of the Coneroaa of the' United State*, approved on February Iff. 1893. and entitled " An act relating to the navigation of veoscla, etc..." and of other statutes of the United State# according hastier* by water the protection of tiknited liability, and to the conditions contained in this bill of lading not inconsistent therewith or with this section. (b) No Web carrier by water shall he liable (or any loes or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers or breakage )( shafts. unfoes caused by the design or neglect ol each carrier (c) If the owner shall have exercised due diligence in making the vessel io all respect# seaworthy and properly manned, equipped and supplied, no *ucb carrier shaft be ffabfe for any lose or damage resulting from the perils of tbo lake*, eeae; or other waters, r from latent defect# in bull; machinery, or appurtenances whotfaer existing prior to, at the time of. or after .aniline, or from collision, stranding,, or olher accidents of navigation, or from prolongation of the voyage. Arid, when for. any- reason it is necessary, any vessel carrying any or ail of the property herein described shall be at liberty to call at any port or porta, in or out of-the customary route, to tow'and be towed,, to transfer, trans-ship, ot lighter, to Spaa and discharge goods at any time, t assist vessels in distress, to deviate for tbe purpose of saving We or property.- and for docking nhd repairs- Except in case of negligence such corner hail not b responsible for any loss or damage to property iftt be oecwoory or is-usual to carry the same upon deck. . (d) Genera! Average shall be payable acoording to the York-Antwerp Rules of 1924, Sections'Tto 15, inclusive, and Sections 17 to 22. inclusive, and as lo matters not covered thereby according to.the law# and usages of the Port of New. York. If (he owners shaft have cxerdseddue diligence to make the vessel m all respects seaworthyand properly manned, quipped and supplied, it i# hereby agreed that m ease of danger, damage or. disaster resulting from faults or errors in navigation, or in tho management of tho vessel, or from any latent or other defects in tho vessel, her machinery ot apnurtcaahccs. or from uneeaworthine, .whetiier .existing at the time of shipment or at the beginning of the voyage (provided the latent or other defects dr tho unwAWortbioCss -was not discoverable by tho exercise of. due diligence), the shippers, consignees and/or owners of tbe-eftfgo shall .nevertheless pay salvage.and .any special charges incurred in reepc-ct of the cargo, and shall contribute with tbe shipowner in general average to the payment of any sacrifices, losses or expense# of % genera) average nature that may he made or incurred for the common benefit or to relievo the adventure from any common peril. - (e) If tbs property is being carried under a tariff which provides that any carrier or carriers party thereto shall bo liable for loss from peril# of the sea, then as to such carrier at wArriora the provisions of this section #hal' be modified in accordance with (he tariff provisions, wliich shall be regarded as incorporated into the conditions ol this bill of lading. ' (0 The term "water carriage" io this -`.ioo shall not bo con&trucdaa including lighterage jb or aero*# river*, bartons, or lake*, when performed by or on behalf of carriers other than water. . . . Sec.. 10. Any alteration, addition, or erasure in this bill of lading which shall b made without the special potation hereon of the agent of the carrier issuing this bill of lading. -'Shall be without effect, and this bill of lading shall be enforceable according to it* original tenor. .. Umi/orm BiU if Lodiae. Noiuntci Motor FrgifAj Cio*M9fe* M*r%9 y ce*. 9. ctnuuut marram to., gt. **- BSIS-Roberson01870