Document 5bX3Qg7OzNnOr5EDX0X5kZ2dz

Im. I. <*) The carrier o 9rt ie powMpfoo of any of the property benie dmenM shaffbo bnfcU u a ooenroon tw Mr ur M bmim r a i/Mt provided. fb> No carrior or parts a poseeoesoo of all or any of the property herein described rbxll he liable Tor oay toes thereof or <fanm thereto or delay caused by the Act of God. the public enemy, the authority of law.or the act or default of the ahipper-or owner. or for natural shrinkage. The carrier** liability nhall bo that of warehouseman, only, for loss, damage, or delay caused by fire occurring after the expiration of the free time (if aoy).-altowod by tariffs lawfully onfiltj (eucb free time to be computed as therein provided) after police of tbs arrival of the property sc destination at ** `the port of export (if intended for export) has been duly sect or given; and after placement of the property for delivery at destination, or tender of delivery of the property"tothy party entitled to receive it. has been: made. Except in case of negligence of the carrier or party in possession (and the burden to prove free dom from such negligence shall be on the carrier or party in possession), the carrier or party in possesion shall not be liable for loss, damage, or delay occurring while the property la atepped and held in. transit upon, the readiest of the shipper, owner, or party entitled to make such request, or resulting from a delect or vice in the property, or for country 'damage to cotton, or. from riot* or strikes. Except in case of carrier's negligence, ho carrier or party in possession of all or any of the property herein described shall be liable for delay caused by highway obstruction, faulty or. impassable highway, or lack of capacity of any highway, bridge or ferry, and the harden to prove freedom from ouch negligence shell be on tbo carrier party in possession. . .... ' . <e) In ease of quarantine the property may be discharged at risk and expense of.owners into quarantine depot or elsewhere, as required by quarantine regulations or authorities, or tar the carrier's dispatch at nearest available point in carrier's judgment; and in any such case carrier'j responsibility 6ball cease when property is eo 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 boras by the owners of the property or be a lien thereon. The carrier shall noi be liable for loss or damage oceerioned by fumigation or dirinfection or other acts required or done by quar antine regulations or authorities even though the same may have been dona by carrier's officers, agents, or employees, nor for detention. loss, or damage of arty 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 fumisbed by the carrier, its ageots. or officers, as. to quarantine laws or regulations. The shipper shelf bold the carriers harmless from any expense they may incur, or damages they may be requited 16 pay. by reason of the introduction of the property covered by this contract into, any place against the quarantine laws or regulations'Hs effect at such place. ' Sec. 2. (a! No. carrier is bound to transport said property by any particular schedule, train, vehicle or vessel, or-ip time for any particular market Or otherwise than with reasonable dispatch. Every carrier shall have the right in casp o' physical necessity to forward said property by any carrier or route between the- point oi shipment and the point of destination. Ic all cases not prohibited by law. where a tower value than actual value has been represented in writing by the shipper or has been, agreed upon in writing as the re leased value of the property.>e determined by the classification or tariffs upon which the rate ie based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether o-not *pch lose of damage occurs 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 foes, damage, injury or delay occurred, or carrier id poeaesidon of tbe property when the loss, damage. injury or delay occurred, w-ilhin nine montheafter delivery of the property (or, (a the caoe of export 'traffic, within nine months after delivery at port of export) or. in cose of failure to make delivery, then within nine months after a reasonable time for delivery baa elapsed: and suits shall be instituted against any carrier only within two years and one day from the day when notice io writing .is given by the carrier to the claimant that tbo carrier has disallowed the claim or any part or parts thereof specified io the notice. Where claims arc not filed or suits are not instituted thereon in accordance with the foregoing provision*. 06 carrier hereunder shall bp liable, and such claims will not be paid. . (c) Any carrier or party liable on account of loss of or dxrnage to any of said property shall have the full benefit of any insurance that may have beep effected upon or on account of esid property, so far as this shall tiot avoid the policies or contracts..of insurance: PROVIDED, That the carrier reimburse the claimant for the premium paid thereon. Sec. ,1. Except where such aervjqo is required as the result of tamerVcogligence. all property shall be subject to necessary cooperage and baling at owner's cost. Each earner ovqr whose route cotton or cottou (inter* itf Co be transported-'hereunder shall have the privilege, at is* own cost and risk, of compressing tbo same for greater convenience in handling or forwarding, and shall not be held responsible (or deviation or unavoidable delays in procuring such compression. Grain io bulk consisted to a point where there is railroad, pubtio or licensed elevator, may (unless otherwise expressly ooted herein, and then' if it is not promptly unloaded) be there delivered and placed with other.grain of the same kind and grade withont respect to ownership (and prompt notico thereof shall be-givco to the consignor), and if so delivered shall be subject to a lien for elevator chargee in addition to all other charges hereunder. -. '. ' . Sec.. 4. (a) Property not removed by the party entitled to receive it within the fce time (U any) allowed -by tariffs, lawfully on file (such free time to he computed as therbio provided"!, after notico of the arrival of the1 property at destination or at the port of export (if intended for export) has been duly cent or given, and afleT placement of the property for'-deljvery at destination has been nod. or properly not received, at time tender of delivery of the property to the party entitled to receive it has been made, may i>o kept in vcnsel. vehicle, car. depot, warehouse or place of businese qf the carrier, subject to the La.iff charge for storage aod to carrier's responsibility.as warehouseman, only, or et tho option of the carrier, may he 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 st ooint of delivery or at other available point; then in other available storage facility, at the cost of the owner and there held without liability on the Part of the carrier, and subject to a lion for all freight and; other lawful charges, including a reasonable charge (or storage- lu. the event consignee cannot be found at address given for delivery, then in that evont, notice' of the placid* of eueb-gefoda in warehouse iKail be mailed to the address given for delivery and moiled to any other address given op tho bill of lading for notification, showing the warehouse in which audi-property has been placed. subject to the provision* of this paragraph. ' . (b) Where noooer*babl* property which has beets 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 fail* to receive or claim it within 15 days after notice of arrival shall ;hve boen duly ent or given, the currier may-sell- tbe same at public auction to the higheni bidder, at eucb place as may be designated by the carrier: J- " '. . . ..... . PROVf DED. That the carrier shall have first mailed, sent, or given to the consignor-notice that the property has been refused or remains unclaimed. 09 the case may bn. and that it,will be subject to asle under tho term* ol the bill ol lading.') disposition be not arranged tor, and shall have published notioe containing a description of the property. tbe name pf *.hg.;party io' whom consigned, or, if shipped: order notify, the name of the party Io be notified, sod the time and place of safe, once a week for two eufccessi ve weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published. PROVIDED, That 30 days shall have elapsed before publication of notice of sale after aid notice that the property was refused or remains unclaimed was mailed, sent or given. -' .: . ft! Where perishable property which has been transported hereunder to declination is refused by Consignee or party entitled to receive, it. or said consignee or party entitled to receive it shall (aif to receive ft promptly, tbs carrier may. in its discretion, to prevent deterioration or further deterioration. **H the same to the beet advantage at private or publio ale:, 'PROVIDED, That if -time serves for notification to the consignor or owner .of the refusal <i( the property or tbe failure to receive it and request for 'disposition of tbe property, such notification sheff 6c given, in such manner as the exercise of due diligence require*, before the property is sold, . . . .fd) Where the procedure provided for in the two paragraphs last preceding is ul possible, it ia agreed that nothing contained in said paragraph* shall be construed to abridge tho fight' of .the carrier at its option to sell the property under, eucb circumstances and in such manner ** may be authoriied by law. - ; le),. The proceeds of any sale made under this section shall be applied by the carrier to the payment.of freight, demurrage, storage, and any other lawful ebargea and tbe expense of ao.tloe. advertisement, sale, and other neewetary expense and of caring for and maintaining the property, if proper oare of the same requires special oxpstine. and should there be a balance it shaft be paid to the owner of the property.sold hereunder. '' . ' . (ft,. Property destined to or taken from a station, w-barl. lauding or other place at which thre is 00 regularly appointed freight agent shall bo entirely at risk of owner aftor un loaded from oars, vehicles or vessels or.until loaded into cars, vehicles, or vessel*, and. except in caae of carrier's negligence, when received from or delivered to such stations, wharfs, lendings, or other places shall be at owner's risk until fhc cars are attached to and after they are detached from locomotive or train or until loaded into and ater unloaded froro vesaols. or if property is transported in motor vehicle trailers or semi-trailers, unlit such trailers or serai-trailer* are attached to and after they ere detached from power units. Wher* a carrier is directed to unload or deliver property transported, by motor vehicle at a puriicular location where consignee or consignee's agent is not regularly located, the risk after un loading, or delivery, shall be that of the owner .' . -.Sec. S. No carrier hereunder will carry or he liable.o any way for any documents, specie, or for any article* of extraordinary value not specifically rated in the published ela**i- ficslioo or tariffs unless a special agreement to do eo and a stipulated value of the article* are endorsed hereon. .. Sec. 0. Every party, whether principal or agent, shipping explosive* or dxo/rerotts goods, without previous full written disclosure to the earlier of thrir oatuto. shall he liable for and indemnify the carrier against all loofl or damage caused by such goods, and such goods may be warehoused at. owner's rtk aod expense or destroyed without compensation. :Sec; 7. The owner or consignee shall pay the freight and averago. if any. and aU other lawful charges accruing na fnid property: but. except in those 'ofltflnces where it may law fully. be authorized to do so, no carrier ehatt deliver or reliowuiah possession nt 'Aestiustion of the property covered by this bill of lading until all tariff rates and charges thereon have been paid. The consignor ehail be Viable for the freight and all other iawfut chtrgwi, e*cr,pl that it tho consignor stipulates, by signature, io the space provided for that purpose 00 th* fs'eo of this bill of lading that, the carrier ehMI not make delivery without requiring payment of such charges and the oarricr. contrary to such stipulation ehali make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable lor such charges, PROVIDED, That where th* carrier has been instructed by the ehiDPe# or consignor to deliver said property to 1* consignee other thou tbe shiope.r or consignor, such consignee shall not be legally liable for transportation charges in respect of the transpor tation of.said property (beyond- those billed against, hiru at lbs time ol delivery for which he is otherwise liable) which ashy bo found to l>e due after the property boa been delivered to him. if.the consignee (a) i on (./cut only and has no bouefu-.ial title io caid property, and (b) prior to delivery of said property has ootified the delivering carrier in writing qf the fact of such agency and absence of bc-oc-frcinl title, am), in the case of ehipruent roconsigued or diverted to a point other than that specified ia the original bill of lading, has also potiGed the deli verm- carrier in writing of the name and address, of the beneficial owner of eaid property; and, io such cases the shipper or consignor, or. io the case of a ahipraeot so recoueigned or diverted, the beneficial owner shall be liable for such additional charges, ff tbe consignee has giveo to the carrier erroneous information ns to who the beneficial owner ix such consignee shall himself he liable for s-.*ch additional charges. Nothing herein ehali limit the right of the carrier to require at time of ehipmeot the prepayment or guarantee of tho charges. If upon inspection it ie ascertained that the articlae shipped are not those described in this bill of l&diag. the freight charges roust be paid upon the articles actually shipped. .. Sec. 8. If th>s bill ol lading ie issued a tho order of the shipper, or hie ageat, in exchange or in substitution for another bill.of fading, tho shipper's signature to the prior bill ot lading as to the statement of value or otherwise,, or election ot ooromon law or bill of lading liability, in or ip connection with euch prior bill of lading, shall "be considered pert of this bill of lading as fully ss if the same w<ro written or mode in or io connection with this bill of lading, '' ' Sec. 9. fa) If off or any part ol said property is carried by water over any part of.nhid route, such water carriage shall be performed aubjeat to all the terms and provisions.of. and nil tho exomptidos from liability contained io. tho Act of the Coocteeo of tbe United States, approved on February 13. 1803. and entitled "An act relating to the navigation of vessels, etc/." add of other statutes of tbe United States according oarriera by water the protection of limited liability, sod to the conditions contained in this bill of l&diug out inconsistent therewith ot with this section. ' . .. (b) No such carrier by water shall be liable for any loes ot dsmago resulting (torn any fire happening to or on board.tbe vessel, or from explosion, bursting of boilers or breakage of shafts, unless caused by the design or neglect of such carrier '. <c) If the owner shall have exercised due diligence in making the vessel <0 ail respect* seaworthy and properly manned, equipped and supplied, no such carrier shall be liable for any low or damage-resultioc from tho perils of tbe lake*, soax. or. other waters, or from latent defects to hull, machinery, or appurtenances whether existing prior to, at the .time ot, or after sailing, or from collision, stranding, .or other accidents of navigation, or.from prolongation of tho voyne. Aod. when for soy reason it i necessary, soy vessel carrying any or all of the property herein described shall be at liberty to call at any port or porta, in or out of tbe cuetoroary route, to tow and be towed, to transfer, tratia-ehip. or lighter, to load and discharge oode at any time, to saoist vessels in d`*tre. to deviate for the purpose of saving life or property, and for docking and repairs- Except in case of negligence such carrier halt not be responsible for any.loss or dicnags to property if it be oeeeeeary' or ie usual to carry the same upon deck. '; .. - ' fd> General Average abolj bo payable according to the York-Antwerp Rules of 1924, Sections ! to 16/ inclusive, sod Sections 17 to 22, Inclusive, aod as to matieta not covered thereby according to the laws and usages of the Port of New York- If tbe owners shall have exercised, due diligence to make the vessel in all respect* seaworthy and properly manned, quipped and supplied, it s hereby agreed that in case of dar.gor. damage or disaster resulting from faults or errors in navigation, or in (be management of tho veasel. or from any latent or other defects in the vessel, her machinery of appurtenances, or froru uaseaworthincss, whether existing at the tio> of shipment or at the bci/iuoing of the voyage (provided tbe latent or other defects or tho uneeaworthiness was not discoverable by the exercise of due diligence), the shippers, consignees and/or owners of tbv cargo shall neverluetesa par salvage aod any special charges incurred io respect of the cargo: and shall contribute with tho ebipowr er ia general average to the payment of any sacrifices, losses or expense# of * general average nature that may be .made or inquired for the common benefit or to relieve the adventure .rotn any common periL _ . . . <e) If the property is being carried-under a tariff which provide* that eoy carrier or.carrier* party thereto "hail be liable for loss from perils of the ees. then os to such carrier o* aarriers the provisions of this section shall -be modified in accordance with the tariff provisious.which shall be regarded os incorporated into tbe conditions of tbis bill of lading.' . (f) The term, "water carnage" ie this section ehetl not be coastruedae including lighterage <a ot across rivers, harbors, or fakes, when performed by.or 00 behalf of carriers Otbeff than water. - ' . : See. Iff, Any alteration, addition, or erasure in this bill of lading which shall be mode without tba tpeeinl uotatioa hereon of the agent of the currier tuning this bill of hwfityg- afc*B be without effect; and this bill of lading shall be enforceable according to * original tao. . gffl v timiq+mal t4e*m'-,rrm#kl ClassQfo0ihi>. 1 - . ' . 'tsma s ms. n-ggiuM rawiXM UNOhNh BSIS-Roberson.01412