Document 9LaEkQevOj91J3dBGVN1yppyp

CONTRACT TERMS :S. I. <*) Tbs carrlet r put? to poiMiiton; of any f tba.proparty herein described (bull be liable m *t common Uo tor any. te* tberwf or damage thereto, xeept as hereinafter provide. . ., lb) No carrier or part? la potM*loa of All or any of the property heroin described shell be Ueble for say last (hereof or damage thereto or daisy caused by the act of God. the public eoeay, ihe suthorUjr of taw, or the act Or default of the nipper or owner, or fox natural shrinkage. Tito carrier's liability shall be tbit of warehouseman, only, for low, damage, or delay caused by Ore occurring iftex the expiration of the free time allowed by tariff* lawfully eo file (such free time to be computed as therein prorlded) after notice of (bo arrival of the property at destina tion .or at the part of export (it Intended tor export) bos been duty seat or clean, and afterplacement of the preport? for delirery at destination, or lender of delleery of tftc property to tho party entitled to receUe it, bis beeo made. Except lo case of aegUaettce Of (be caroler or party in pqscettioa (tad the burden to prove freedom (Vets lUcb negllteoc* shall bo oa the earrierjjr petty la possession), the carrier or parly In possession shall not be liable for toss, damage, or delay occurring while lb* property Is stopped and held lfl transit upon the request of the .shipper, owner, or party, entitled to make such request, or resulting from a defect or rice la lb* property, or for country damage to cotton, or'from riots or strikes. <c) In cue of quarantine iba'property may be discharged at risk and expense of owner* fate quarantine depot or elsewhere, as repaired by quarantine regulations or authorities, or for the carrier's dispatch-at nearest aeatlable point la carrier's Judgment, and In an7 such case carrier's responsibility shall cess* when property is lo dUcbsrged. or property may be returned by canter at owner a expense to ship* a point, earning freight both ways.; Quarantine expenses of whatever nature of upon or in respect to property ehall be borne by the owners of the property or be a lien thereon. The carrier shall not be liable for Ipsa or d*oia* occasioned by fumigation or .disinfection^* other acts required or done by quarantine regulation* or authorities eeo though the same rosy hare been done by carrier's officerj. agents, or employees, nor for detention, loss, or damage of any kind occasioned by quarto* tine or ths'snforeaosnt (hereof, No carrier shall be liable, except in exse of nerlt- fence, for any mistake or Inaccuracy In any information furnished by the carrier, it agents, or officers, as to quarantine laws or regulations. The shipper shall bold the corrieriJurmles* from any oxpenee they maylocur. or damages they may ba re- qatred to pay, by reason of lh introduction of the property covered by this contract Into gay piece against the quarantine lairs or fegolationa In efict at such puce 6*0, 2. () No earrlor Is bound to trsneport stud property by any particular train r vessel, or in time for, any particular 'market or othorwlse than with reasonable dhpatch. Every caroler shall hare tbo right it) ease of physical necessity to forward said property by any carrier or route biCweeg thq point of shipment and tho point of destination, in efl cases not orWiltoUetf bv' laaL whet? a, tower value than actual value has.been represented in writing by tab shipper of has been agreed open in writing as tho released value of the property as determined by the glssautcstioa or tariffs upon which the rate Is bared.'iuehttowef value plus freightchargo# if paid shall be tho maximum amount (o be recovered* whilb'ot or sot ttftg lost or damage occurs from negligence. ." * `J (hi As a condition precedent to recovery, claims must be filed in writing with the receiving'<# delivering carrier, or earner issuing this bill of lading, or carrier on tvhota line <he loss, damage. Injury of daisy occurred, within nine months after delivery of the property (or. In cate of export, traffic, wlthtncnlna mouth* after delirery si port of export) or. in case of failure to make deUvery, this within nine month* after a reasonable time for delivery hte elapsed: sad lulls shall be instl* tuted against any caroler only within two year* tod one day from the day when notice (rewriting la gives by the carrier to the. claimant that the carrier hat dla* allowed the claim or say parl or parti thereof tpeclfled in (be notice. Where claims 'ore not filed or tults are not Instituted thereoa<U accordance with the foregoinr provision*; no carrier hereunder shall be liable, and such claims will not bo paid. (e) Any carrier or party liable on accoont .of toss of or damage to .any of Mid property abaft- hut* the full benefit of any iovurooce that may here been effected upon or oo account of .said property, eo far as this (hall not avoid the policies or connect* of insurance: Provided, That tbo carrier reimburse the claimant for the premium paid thereon. : See. 8, Except whore such service Is required, as tho result of caroler's negligence, all property shat) b subject to Becesaary cooperage and bating at owner's cost. Each csTTlet aver whose route cotton or cotton llntcri U to ba transported hereunder shall hot*.tho privilege, at i(t own cost and risk, of compraseihd the same for greater convenience In handling of forwarding, and abaft cot be hold respooslbte for devia tion Of unavoidable delays In procuring such compression. Grain In bulk construed to a paint where there Is a railroad, public of licensed elevator, tnay (unless other* wise expressly noted herein, and then If It Is oqt promptly unloaded) be -there delivered and placed with outer grain of the tame kind and grade without respect to ownership (and prompt notice thereof shall.be given to the consignor}, and If to delivered shall ba subject to a ilea for elevator charges la addition to all other charges hereunder. - ' See. *. (a) Property not removed by the party ntUled to receive within the free time allowed by tariffs, lawfully on file (such free lime to be computed, as therein .provided), after notice of the arrival of tha property ot destination or at tho port of export (if Intended for export) has been duty sent or give*. and after placement of the property for delivery at destination has been made, may be kept in vessel; cor depot, warehouse or place of delirery of the.carrier, subject to the tariff charge for storage and to carrier's responsibility ar warehousemen. ettty, co at tho option,of (ho carrier, may bo removed to add stored) (a a publta or licensed warehouse, at' tha place of delivery or other available place, at tha cost ot (ha owner, end there held without liability on the purvof the currier, end subject, lo a I fen for all freight and other lawful charges; Including a reasonable: charge for storage. - lb) Where nonpertsfaablo property which baa been transported to destination hereunder is refuted by consignee or the party entitled to receive it, of said coo* limit or party entitled to receive It fails (q receive it within IS days after notice of srrlval .ebail have been duty tent or given, the earner may sell the same at pub* He auction to the highest bidder, at such place at may ba designated by the carriers Provided,.That the carrier shall have Scat mailed, teat, or,given lo Use consignor notice that (he proparly hai been refuted or. remains unclaimed, as the case may bo, and that It will be subject to tale tinder the tome of the bill of lading tf die* position be not arranged for, and shall have published bailee containing a doscrlp* Ufin of (he property, tins name of the party to whom consigned, or, if shipped order oouty, the B)e cl tho party to- be notified, end the liras cod place of sale, once a week for two roceosslve weeks. In a Dowspapar of. general circulation at the place of tala dr neatert place wbere ouch newspaper Is published: .Prevldad, That 89 deya Shalt have elapsed before-publication of notice of sate after said notice that (ba property wee refuted or remaloa unclaimed wag mailed, seat, or given. ic) Whore perishable property which baa been transported hereunder to destina tion tv refused by. consignee or party 'entitled to txeoive lt, or (aid consignee or party entitled to receive It-ehall fall to receive 4t promptly, the carrier may. In its dfaciytian, to preroot Otitrlottlloa or further ^deterioration, soil the Kao te the best advantage at private or public sale: Provided. That if time sertet lot notifica tion to the consignor or owner of tbe refusal of the properly.or the failure to receive It and request for disposition of tho property, such notification shall be given, In rah manner at Uh exercise ot duo dulgnc requires, before tho property la sold. (d) Wbero tbe procedure provided for in the two paragraphs last preceding ii not pmitbie, ll It agreed that nothing contained In said paragraphs obeli be con strued to .abridge tha right of the carrier at Its option to sell the property trader such drpuraetances arid to such, manner a* may be authorised by law. fa} The'proceeds of aor oala msdb under tM* section (hall bo applied by the car rier lo tha payment of freight, demurrage, (torage. and spy other lawful charge# and tha expense of notice, advertisement, tale, and other necessary expesse and of caring, for and maintaining tha property.-if. propet care of the tame requires . special expense, and should (hero be a balance It shall be paid to tho owner of tho property, told hereunder. ' . tf) Property destined to or taken from a station. wharf, or lending at which there It no regularly appointed freight agent shall be entirety at risk of owner after unloading-from care or .vessels or until loaded into ears or vessels, and. except In case of carrier's negligence, when received 'from or delivered to such nations, wharves, or lendings shall be at owner's flak' until tho cars are attached to and after they are detached from locomotive or train or until loaded Into and after unloaded, from, vesaeta. See, 4. No carrier hereunder will carry or be liable In any way for any docu- taentv, snecie. or for any articles of extraordinary value dot specifically rated Jo the published classifications or tariffs unless' a special agreement to do to and a Stipulated value of tha articles are Indorsed hereon ' See. fi. Ocry party, whether principal or agent, shipping exploitive* or dangerous goods, without previous full written dlactorur* to tbe carrier of t&eix nature, tbtft AND CONDITIONS be liable for tad Indemnify the carrier scales* all '&* tf d*ffiaf UQted T twft goods, and such coed* may be warehoused at ewn*t` risk end axpesie or destroyed without coraponiailon. . ... Sec. 7. Tho owner or couaigneo ihsll pay tho frelsht and average, if say, and au other lawful chargee accruing on said property, but. except In those lfi6t*M where It may lawfully be authorized to do so. no carrier by railroad shall deliver or relinquish possession at destination of tbe property covered by ihlx bill of fading until all tariff rales and charges thereon have been paid. Tbe cwtgoer shall b* liable for the freight and all otherlawful chargee, except that tf tho consignor stlfi- uiates, by signature. In the apaCe provided for that purpose on tha face ot this MU of lading that (he carrier shall not make delivery without requiring payment of such charges and the carrier, contrary to such stipulation, shall make delivery without requiring such payment, the copslgnor (except as hereinafter provided) tholl not be Uablo for.such charge*. Provided, that, wbere the carrier baa been Instructed by the shipper or coatlgncf to deliver said property to a consignee oUver Uisn tho shipper or consignor^, such consignee *h*H not be legally liable for traits* Kitloo charges la respect of the transportation of said property (beyond the ad against him at th# time of delivery for which he U other-vise liable) which may be found to be dua after the property has been delivered to him. If the. con signee (a) la an agent only and baa do beneficial title in said property, and <b) prior to delivery of said-property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, fn the ctaa of a ship ment reconslgned or diverted to a point other than that specified In tha original bill ot lading, his alio.notified the delivering carrier In writing of the name and address of the beneficial owner oj said properly'and. In such case* tha ahlpper or consignor, or. In tha exs* of a shipment eo reconslgned or diverted, the beneficial ownfer, shall be liable-far such additional charge*. If the consignee has given to the carrier erroneous Information at to who the beneficial owner la, tuch consignee shall hiraself be liable for- such additional charges. On shipment* reconslgned ot diverted by an agent who has furnished thekcarvier in th* reconsiaoment or diversion order with a Rbtice of agency and the proper name and address of the beneficial owner, sod "hero tocn shipments are refused eh abandoned at ultimate destination, tbe salt! beneficial owner shall bo liable for alt legally applicable charges In connection therow.th. If th* reconstgRor or dlvertef hi* given to the carrier erroneous Intomatlon a* to who the beneficial owner it. such recooaigaor or divertor shall himself bt iUbl* for ait such charges. .- If a shipper or consignor of a shipment of property (other than prepaid ship* aeni) ii also tha consignee Btmed in the bill of Jading and. prior to the time of delivery, notifies. In writing, s delivering carrier by railroad (a) to deliver soci* property at destination to another party, |bj that such party It tha beneficial owner of such property, and !c) that delivery t* to be made to such party only upon pay ment ef all trahaDonation charges In respect of the transportation of such property, and delivery I* made by tha carrier to such parly without such payment, such shipper or consignor *h*U not-be liable fee ehipo'er, consignor, consignee, or other wise) far such transportation charge* but Use party to whom delivery is so mado shall In arty event be liable for transportation chargee billed against the property at the time of tutdi delivery, and also for any additional charges which may be found to be due after delivery of tbe property, except that U such party-prior to roch delivery bte notified lo writing the delivering carrier that h It Bet the beneficial owner of the property, end has given in writing to such delivering carrier the name Sod address of such beneficial owner, sutfiv party shall not be liable for any addi tional charges which may be found to be due after delivery of (he property: but If the party to whom delivery I* made has given to (he carrier erroneous information ae to tha beneficial owner, such party shall Reverthelen be liable for such additional charges. If th* tbipper or consignor baa given to the dollverlog.carrier erroneous Information as to who the beneficial owner Is, such ahlpper or consignor shall him self be liable for such tranaportatlos charges, notwithstanding tbe foregoing provl- : etont of this paragraph and Irrespective of any provisions to the contrary In the bill of lading or in the contract of transportation under which the shipment was made. The term "delivering carrier" means th* line-haul carrier tasking ultimata delivery. ~ Nothing herein abaft limit ih* right of th* carrier lo requlra at time of shipment the prepayment or guarantee of th* chargee. If upon Inspection tt la ascertained (hat tha srttcUi shipped are not those described In this bill of Jading, th* freight charge* mutt be paid upon lb* articles actually shipped. Where delivery la made by * common carrier by water th* foregoing provision* of Uti* Mellon shall apply, except as may be inconsistent with fart HI of lb* Interstate Commerce Act. . ' 8*o. 8, If ibis bill of lading 1* limed oa tbe order af tbe shipper, or his scent, in exchange or la substitution for another bill of lading, tha shipper's signature to the prior bill of lading ea.to Ui-statement of talus or otherwise, ot election of common law or biU of lading liability, in or la connection with such prior bill of lading, shall be considered a part of (hie bill of lading as fully as If the same war* vrritton or maOo lo or by eormoettea with tbla bill et lading. 8oo. S. (a) If all of an/ part of raid property la carried by water ever any pert of said rout*, and loss, damtea ur Injury to said property occurs while th* earn* Is Is the custody ef a carrldrby water th* liability of seen carrier shall be deter, mined by`the bill of lading of tbe carrier by water (this bill of lading being such bill of lading If the property Is transported by such water carrier thereunder) and by and under tho laws and regulations applicable to transportation by water. Such .water cwrrlaga shall be performed subject to all th* terras and provisions of. and *11 the exemptions from ttaMIKy contained (n cite Act of. the Congress of tho United States, approved on February 13. 1893. and entitled "An act relating to the navi- fatten of vessels, etc.," and of other statutes ot tho United State* according carrier* ` y water the protection of limited liability, aa well a* tho following subdivisions of this section: and to the conditions contained in this bin of lading hot Inconsistent with this section, whoa this-bill of lading becomes the bill of lading of tho canter by water. .. fb) No such carrier by enter shaft be liable for any test or damage matting from any fire happening to or on board the vessel, or from explosion, bursting of' - bolter* or breakage of shafts, uniest caused by the design or neglect of such carrier. (c| If th owner shall hove exercised dua diligence In making-Use vessel In all respects seaworthy and property manned, equipped, and supplied; no. auch center shaft be liable for any loss or daraag* resulting from th* perilref Use lakes. Seas, m other waters, or frotn latent defects in hull, machinery, or appurtenance* wnetber existing Prior to. at the time of, or after sailing, or from coulitao, stranding, or other accidents ot navigation, or frtxs prolongation of the voyage,- And, when far any reason U Is necessary, any vessel carrying any or. all ef -the property herein described shall be at liberty to call at any pert or porta, in or but of the customary route, to tow and be ton*d. to transfer. tr*n*-*btp. or lighter, to load and discharge goods at any Utue, to assist rbaaela In distress, to deviate for tbe purpose of . saving Ufa or property, and for docking and repair*. Except In css* ef negligence such carrier <h*U not be responsible for any toes or damage .to property If it bo . necessary or la usual to carry the same upon deck. .. <d) General Average shaft to fioyafel* according to tbe York-Anlwerp Kolas of 1921, Section# l to Id, Inclusive; end Section* 17 to 23, Inclusive, and aa to matter* hot coveted thereby according to tbe laws and usage* ef the Fort of Now York. If the. owners-shaft have exercised due diligence-to make tha veieet la aft respects seaworthy ami properly manned, equipped and supplied. It la.hereby agreed that In cose of danger, damage or disaster resulting Rom fault* or errora ln navigation, or In the management of the riVcr frem acy latent or other detects lit the vetvel, bar machinery ot appurteoarcae, or from unseavrorthtnett, whether: existing at the time of (Mpraent or at the bigltmlng of th* voyage . (provided the latent er other defect* or (he uneeaworthtneit u dot discoverable by the exercise of due diligeaco), the chipper*, consignee* and/or owner* of the cargo (ball-nevertheless pay-salvage and any apodal- charger Incurred la-reepect of the cargo, and shall contribute with tbe shipowner In general average tq the payment of shy sacrifice*. ' loose* or expense* of a general average jisturo that may be mad* r Incurred for th* common benefit Or to relieve the adventure from shy coraaon pertj, : . (el tt the property la being carried under tariff which Provides (hat any carrier - or center* party thereto shaft bo UsbJe for lost from-perils of tha tee. then as to ouch carrier or canter* tho' provision* of this section shaft be modified U accord ance with th* Uriff previsions, which ihsll be regarded aa Incorporated. Into the condition* of ibte Mil tf lading. . - a The tom "water carriage" Ih thl* soettoa shall not b* construed aa Jnelud- Ichteraga la er Icross rivers, barber*, or takes; when performed by or oa behalf of ralrcarrter*. ' ' . Seo. 10. Any alteration, addition, or erasure ia thti bill of Udleg which shall bo made without th* special notation.hereon of (ba agent of th* carrier Inning this bill of lading. Shaft be without effect, end this bill of lading shall be enforceable according to Its original tenor. - BSIS-Roberson03970