Document DDgmgdYRGxwEqYY9R7ojokX7o

CONTRACT TERMS ANO.CONDITIONS . Sec. I. (a) .The carrier ar parry In possession of ony of rhe properly ft s?tibed shaft be liable cj at cac'nton law1' for pay Ion thereof or dareage thereto, except os hereinafter provided. . fb) No corner or porty In possession of oil of any of the properly bireii Ibed jhallhe liable for or.y (ois thereof or damage tWefa or delay caused hy the Act. of God. the public enemy, the authority of Ibw, H the ocl or default of the dipper or owner,. cr for .lurura! shrinkage. The r's liability shall'. b*;'tec '.pi warehouseman, only, for lost, damage, or dtloy caused by finr occurring-after tee. expi/oTtor. of the free : (if any) allowed by tariffs lawfully'on file lurch Ir*. puled as ihctejn providopi after nolle* of the arrival' of :he property at destination or ol tee pert--of export ;;f intended far export) has ; been duly sent. Or given, end after placement- of the property for delivery 0i d rcry of :hs property to the party entitled to,receive it. has been mode. Except in cos* or negligence of . or potty In possession (and the, burden to prove (readout horn such negligence xboli be on the carrier or pe.-ty hi posies party i i shall : : for loss, detoy occurring while tee property I* slopped and held in transit upon te request of the shipper, owner, or party emitted to make such request, .or resulting from a defect or vice in the pro oge ,M cotton, on from ('rati or sl.-ikev Except In case .of carrier's negligence, no carrier or party in possession 0f all e \ highway. Of lash of capacity of any highway, bridge dr.ferry, Or-a the burden ta prcvfc freedom fr< y o'f r'ite prev! ............r..i.x..jc..r..i.b..e..d....t.h..a..i.i....b...e....l.i'ab..l.e.....f.o..r....d..e..f`ay' jeh neglige! :e sholt be on the .carrier or party in possetslar i b" y high-.-.. dry cr impassable (c) in case of quoroftline'tee property n;oy bo discharged at risk and expense of owners into quaro-Tfae risewhtie. < is required by quarantine regulations or authorities, or for tee carrier's dispolch est available point in carrier's judgment, and in -any such case carrier's responsibility sholt ceasa wher, proper >r property may'be returned by carrier ot Owner's expense. ;.3 shipping point freight bosh ways. Quarantine-..expenses of whatever nature a.- hind upon or fa respect'to property shch be boms bv >hc cf the property or be o lien thereon. The carrier sho`1 not be liable for loss or occasioned. by iumlgotioc. or disinfection or other oeft requited or done by ouorcr-.Tt.ne regulations', or authorities even though same may have been done by cotrisf's officers, egen's, or employees, nor for c loss, or damage of oriy kind occasioned by quarantine or (fie enforcement (he-reefj No carrier shall bo liable, except in case a ri.gence, for fany mistake or Inoccurocy in any information lurnbt-.ad by the cc .agents, or officers, os to quarantine lows or regulations. The shipper shall heid the carriers harmless from any expense they property covered 6y this contract iota any place cgte.-v.f the quarantine lows or regu/oi-cns to effect of such p-oce. incur, or dor.-.ages they, may be required to pey; by feoson of the'intceductks Sxc. 2. c) No carrier is bound to transport said preperry by cny parllo.'or schedule, Irolr. vehicle or v<ksei. or.jr. time fu- any ao.-llcufar market or otherwise than h reasoncblo dispoich. Every cor! hove the right in case of physical necessity to'farwcrd sold property by any ec-.trier or tout- between the point cs jV.iqment anj tee point of eestinolicrv. In oil cosei not prohibited by law, where a lower ve cctuof value; has been represented in writing by the shipper 5r hos beer, agreed upon in writing cs the released value of. the property os determined by the classification tariffs upon'Yvhich the rote is bored, si value plus freight charges if paid shall be the mexirtsitm mount to' be tecrjve.-ed. whether or not such loss or demege occurs from negligence. (W As a condition precedent to recovery,ctoims mud be filed in writing with the receiving or delivering carrier, or carrier Issuing this bill of lading/ or carrier on whose fine the loss,damage. Injury c>f dnloyoc curred, or carrier in possession of the .property when the loss, domoge, injury or deloy occurred, within nine months otter delivery cf the property {ar, in the case of exporttraffic, withinftfao. months afterdelivery ot : port of export} or, io cose of .Failure to make delivery, then within q.ne months after o rc enable tin., for deti.ety has elapsed; ond tubs shall fce ir.sritreed cgolnst on-/ cantor cc$y witesn two years and ar.e day from tho doy when nat.ee in -writing. . ;s g- iven by. , the ca. rrie.r to the elalmo. n! tshhaot the <carrier has duallo-ed the claim cr any oot or purls thereof specified in tfva notice. Where claims are r.ot filed or suit* ano not rev- rtifuted thereon in accordance with the foregoing provisions, no carrier hereunder sha-l fee liable, arid s claims will not be pcid. . . :J ' . ! (} Any carrier or pony, liable on account of fas? of or damage \o an,y of soid ,prop, ert,y jhai: he-fv- e fsit! benefit of cny insurance tiiot may have been effected upon ot on account ot said properly, la far cs tkf* nan Mui oVoid tea policies or Contracts 'of Insurance, PROVIDED. Thot the terrier reimburse the cfoimont far the premium pcid teorcon. ' | See. 3. Except where such service is required cs the result of campf'; negligence, all property shrill bo subject to necessary cancerog'e nnd.baTu.g at owner's cost. Each courier over whose route cotton ot cotton lintcrs h to be transported hereundarsbalf hove the privilege, &t in own costo*cJ fist, of compressing the icmt for greeter convenience-in hondUrg pr forwarding, end shall not be held responsible for deviation- or vnovolrf-' able deloys in ptocuring such compression.-Groin ft bulk consigned Icri-tApotnl-vi-hsre there is o .-ailroad, public or licensed elevator, may (unless otherwise expressly noted herein, and then if It is not promptly unloaded) be, there delivered arid placed yrirh ot.W groin of rim same l -no and grade without respect (o ownership (end prompt n t thereof tholl be given tec consigner), end if so delivered thslf be subject for elevator charges in addition tc off arher.charges hereunder. . . . Sec. < fa) Property not removed by the party , i the fre ed by miffs.. lo.fvl!y o-i fiiu (such free time ta'be co-rpul provided), after not a) of the property ot destination Or ar the pert erf < tended f or given, and o!ie- pfaccmcni cf i!>e p'uperty for delivery at destine rs has been mad*, or property time tender of delivery of the property to tee party entitled to receive ir ho* been s vessel, vehicle, car, depot, v.grehouse or place of business of tec e< the tariff charge for storage and to carrier'l responsibility as worehduseman.' only, or of the aprion of the carrier, and stored in a public or licensed warehouse Qt the point of delivery such warehouse is ovoilgble et point of delivery or ot cteer ayaifoolc point, teen in other 0v0iia fa stotoge facility. ;t the cost of the owner ond terra held without liability on the pert of the carrier, and subject to a lien for oil Ireigb o'nd other Iqv.ful charges, including .o. r&atorobUt c'nargs for storage, .'n the c^c. , found at oddreit plenr. far deurory, then In thof event, notice #f tee placing cf sveh goods in warehouse shall bi mailed to tee odd,ess given for delivery end mailed to any other address given i 1 the bill of Iqdin ; for ratification, showing the warehouse in which such property bat .been placed, Subject to the prov'tsii s of teH fjofcgroph,... . . ' . tb) Where nonperishable property which has been transported to destinoti n hereunder is refused by consignee or -the party er ceive b fail* lo receive -or claim it within 15 days offer notice of ocrivci jhol! ha e been duly sent or given, the terrier moy sell Ihe p to receive it upon lender of derfvery. Or sold consignee or party entitled Jo re t public auction to tee highest bidder, ol such place as moy bo designated by the PaOVSDED. (Scrt tee cornier sholi hove first mailed, sen*. - or given ta jbe consignor notice teo! the property hos been refused or remains uncloimed, os the cos* may bo, and teat it will be Subject tb sole under-tea terms of the bill of fading if disposh.on bq not arranged (or, arid jrr.til hove published notice containing a description of the-property, the {tame o! teo party to whom spraicned, or, if shipped order notify, the name of the party to be notified, ond tee time and place of sals, ante a week far two successive weeks. In ,o newspaper of'gnnerdl circulation at tee place of sole or ne.ansr place where such newspaper 5s published. PROVT0- ,ED. That 30 days shell have efopsed before publication of notice of sale after sold notice thot-thn property was refused or ren'diru fanetcimpd was moiled, teril or given. . (c) Where perfshabfe property which has been transported hereunder To destination is refused by consignee or party entitled to receive H. or said consignee or party .entrtfed to receive it shall foil to receive it promptiy, the carrier moy, fa its dberetfan to prevent'<5terioro)ton or further deterioration. s;ll the sons to the best edvonroge ot private or public salei ERDViDED. that. .If .time serves for notification to the consignor or owner of the refused of the property or me failure to receive it and request (cr disposition of the property, such notification shoif be given, fa suite tnannetefas teo exercise of due diligence requires, before ihe property is -sold, ' (d) Where teo procedure provided for in the two paragraphs fast preceding k no* possible, it n agreed that fiothing contained tn said porogropfw shall be eenjttwd to abridge .the tight of tee carrier at it* option- to soW thi property under such ciVcumitonces and fa such manner os may be authorized -by law. .. , , '. , T^* of any sat*, made wd tefa vectisir. shell be applied by Tno center to the payment of freight, demurrage, storage, and any other lawful charge* end tee ex^se of notice, edvertttotnent, sofa owi other necessary expepsi and of eating for pnd maintaining fh* property, if proper core of the seme requires special expense, end should there be a balance it shall be paid to the owner sf the property said hereunder. . (0 Property destined to or token .from a station, wharf; lending ot other place at which trier* is n4 reguiorly appointed-freight agent ihcB be entirely qt ride of owner drier unloaded front cars, vehicles o Or until loaded Into cars, vehicles Or vessels; and, except in case of carrier's negligence, when' receivin'('am ar delivered to .such stations, wharfs, .tendings, or other pieces.-shall be at owner's risk until ihe eo e attached to ond ofler they ore detached from locomotive or train or yntil Iccded into a-.d ofter unfaoded- from vesssis, or if property is transported In motor vehicle trailers or semi-trailers, until such trailers or s .attached.to ond after they are detached from power units. Where a cottier is diitttod to unload ot deliver property transported fay metot vehicle ot o potticufat facafon where consignee atr ccoonnsriiggnneeae''ss agent is r. ulcriy facated, )he risk eftw wnlaoding, pr 'oViteery, the)} be that of the owner. ' :' Sec. . No carrier hereunder will carry er be liable in cny way for any documenls/specie. or far any articles, cf extraordinary value not specifico'.fy rated fa the published classification .or far.fh unless a special agreement to do so ond o stipulated value af the articles ore endorsed hereon. ' ". - . - Sec. 4. Every party, whether principal or agent, shipping explosive or c'or.gsrou* goods, wltltoct previous fall written disclosure to the carrier of. teeir fiotore. shofi be lioble for end indem.sJfy tee cocrier ogom all loss or damage caused by such goads, ond such goads moy fas woreheused' at owner's risk and expense cr destroyed without compensation. .: .. See. 7. The owner or consign** shall pay tee freight and overage. ;f any, end afhoter lawful charge* accruing on taid property; but. excepl fa those' Inwonccs where it moy lawfully be oote.oriied to do in. r.o - carrier-.shof! deliver or relincuish posseuion bt destination cf tee property qavureU by this bill of lading until oil torilf rates and charges thereon have been paid. The consignor shell be l*obie for ihe .freight ones a . oteer fawfd chorpes, except that If tee consignor stipulate*, by signature, jp tee spare provided far that purpare-m. the face of this bill of fading teof'tee corner shall not make delivery without req^'rfag payment ot such charges and 'he carrier, contrary to-such-rtipulafion shall male delivery witl-.out requiring' such payment, the consignor (except cs hereinafter provided) shall nef be liobie ,or such charges. PROVIDED.^ Ina where the carrier has beet! Instructed by the shipper or consignor to deliver oold property to -o consignee-oth ihon the shfapet dr consignor, such consignee shell net be legally !>cfeU. (or npnspcrteilon chorges-in re spect of the transportation of said property (beyo.-.H those billed ogainst him at the time of-delivery for which he is otherwise liobie) which may be found to be due after the property has been- delivered to h.. the consignee (o) is on agent-only and hos no beneficial title fa said property, ond ffcj prior ta delivery of said property ha) notified the delivering carrier in writing of the fact cf sveh agency and absence of bervef.oal, - title, and, .fa the cose of a shipment reeoniigrted or diverted to a point other teen that specified in the original bill of fading, has oka ncl/ied te. delivering carrier fa writing of the name ond address of the bene ficial owner- of said property, and. In such cases teo shipper'or consignor, or. fa Ihe case of a shipment so ^consigned or divertud, the beneficial owner shoi! be ."able for such addhiaocl charges. If the consign** Hos- given .-to th* carrier erroneous faformation os to who.ths benefltfal owner h such consignee shot! himself be liable for such.oddilional charges. Nothing herein sholt limit the right of the carrier to require at hme'of shipment the preperymeat or goorontb* of the barges. If upon faspeciion H is cscertoincd that the articles shipped or* not those described in this biif of lading, the freight charges mutt be pald -upcn te* arttel . qatvoily shipped. , ' . . . ,- Sec.* S. tf this bill of fading w issued on- the order of the shipper, or his egent. fa excl.cnge or fa substitution for another bill of lading, the ihipperis signature to the prior.bill of fading of to tee statement bf vonre , or otherwise, r- election of common Jow or til! of fading liability, fa or fa connection with such prior bill of fading, sholt be considered o port of this bill of lodfag cs fully os if. tee same were written or made in or ' -In connection with this bill of lading. .' .' . -. S. ?. (a) If alt or.ony port of sold "property T$ carried by water over any part of said route, such water carriage shell be performed subject to oil the terms end provisions of, and oil the exemptions from `.toWl- . Ry- contained In, fa* Act-of the .Congress of the United Stotot, cpproqed on February 53. 1893. and entitled "An cct relating to the navogotion of vessok, st<L,~ ond of. other statues cf the UUnniitteedd SSttootteess aaecccoorrdd.inngg comers by Watof the protection of limited liofcHfry, ond to rhe conditions contained fa this bilf of fadmg not -ineontktonf therewith or .with tei> section. ' (*.# .. - , (b) No such carrier by water shall Be Hob!* for ony fas* or damage resulting frexp cr.y fnV hoppenlng to Of on board tea vessel, or from explosion, bursting of boilers cr breokqge':<& shafts, unless enured by . design or neglect of such eorrier, ' - . ' ...'.' C) H tee owner shell have exercised due diligence-In' metefag th* vessel if- nil respects uroworthy end properly manned, equipped dnd supplied, ho such carrier *hbll be liable Io. ony loss or damage resulting from tee Pr3* of the laltos, Jeo's, or other waters, or from faianiS`defeeli fa hull.- machinery, or oppvncnah.tes whether existing M'or"to. ot the time, of, or ofter soiling, or f*om collkion itrtmn.no_, o>r .ether accidents o: r Igo^on, or from prolongation of the voyage. Arid, when for ocy reoson Ij is necessary. cfly vessel ccirying any or a!l cTihs property hereto dewribed shall be at (iberfy to cou t ony port or ports.;in er out of the . evstomary route. 10 tow and be lowed, rO transfer, trons-sKip, or lighter; to toad and. discharge grieds ot ony time, to oih< vessels in distress, to deviate for the purpose of S< ng fife or property, and lor' docking and repairs. Except is cos* of negligence such carrier jho-'l' noj be rcrpoori-hl* inr cr.y b;$ or Jorr.cja to properly if it be' nscipcry or Is usual to carry the same upon deck. .' ,q I ad ti) General Average shall be payable according to the Yo'k-Antwerp Spies of 1924, Section* i to 15, faclvsive, ar.d foctrom 17 to 22. toctciive. ond os so menerr not ceve.od thcrcw/ " " * J* ' * wsoggtoj tjt* Port of New York. the owners-shaif hare exerehed due 'd.ifa.r ice to make tee vessel in o`t respects seawori.-y ond properly manned, equipped-end tupplied. it k Hereby,agreed teal . et os ttonger. damage or dlsoster resui{tng from faults or errors fa rovis=or-., or fa tee r.c-aneri! of tee vest'd, or from any latent or oshej. dufccts fa tee vessel, her mochmcrv or appurtenances, at '*m uosec-or.... - whether .existing a* tee time of shipment, or. ot the beginning of the Jcyoge iprofades tire latere or other defects or. tee union--bi>h*re'.< wds .net d< re cf due riga*** prrd/pr owners of tee cargo shall naxarthefats pay soivogc inc or.y special C^orjoi incurred fa respect of hie cargo, utsd s-seSi contnouto sn sn- shlpc-r.ier to general < retag* to , {ossM'ac eegenses of a genets; average tvaSute teat may be mode cr vt,c*t<ed for .tee sot-csm ber-e-fit- ot to teitove the adventure from ony common per;!. <)' If the property 1$ being carried under a tariff which provides that ony carrier 0r carriers party thereto shall ije liable for fas* feom^ potils. of the i, the^ n e s such c iirfan the provisions of this seo- .Kori tholf'-b* modified in accordance wilK The torilf. provisions, which .shot! be reao;d*d os inco.-poroted into the conditions of teti bill of fading, ... . ' if) The term "water carriage" fa this session ihoit not be <o<ut>ved os faefadfag !igh<vo3e to or. ccros* tivor*. horbon. or fakes, when performed by or on behalf of carriers ottser than water. Ser. 50. Any oIteration, cddiiion .or erasure oil be . of tee agent of tee carrier iuufag this bill of fading.' tea!! be without effect, and this' bill of lading tedll be enfarcuobfa according t< JBSJJ5iJQlaeiaQBQflafi2>