Document J33GY8oaV4QvXqY2qonYK77Ye

CONTRACT Tf03 AND CONDITIO?;* **- >. ia) The MrtU* or port? to po--wtnn of ow ol th* property harai* dasoribod atuOl bo bahU u at eonasa Uv tar say loot thereof or damage thereto, wap to bintt after provided. ' (b) No carrier or party in posaeanon of all or any nf the property herein described (boll bo liable for any losa thereof or damage therato or delay eauaed by tb Act of Cod, tb* public enemy, the authority of law., or the act or default of the shipper or owner, or for natural shrinkage. The carrier's liability shall be that of warehouseman. only, for loss, damage, of delay caused by fire occurring after the expiration of the free time (if any) allowed 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 the port of export (if intended for export) has: been duly senior given, and after placement of the property for delivery at destinelion, or tender of delivery of the property to the party entitled to receive it. has been made. Exoept in.:case of neeligatuje o( the carrier nr party to possession (and the burden to prove free dom from such negligence shall be on the carrier or party in poseeaaion), the carrier or party in boeee-seioa shall not be liable for lo*s. damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party, entitled to make such.request, pr resulting from a defect or vice in the property, or for country damage to cottoo. or from- riots or strikes. Except in case of carrier's negtigeuoe. no carrier or party in possession of all or any of the property.herein described shall be liable for delay caused by highway obstruction. f<dty or impassable highway, or lack of capacity of any1 highway, bridge, or ferry, and the burden to prove freedom from such negligence shall bo on tho carrier or parly in oossesciop. . .r (cl In case of quarantine tho property may be discharged at risk and expense of owners into quarantine depot;or elsewhere, as required by quarantine regulations or authorities. . or for the carrier's dispatch at nearest available point in carrier's judgment, and in any such case carrier's tcaporisibility shall cease wheo property is so discharged, or property may be returned by carrier at owner's expense to ehippiag point, earning freight both ways.' Quarantine expense* of whatever nature or kind upon or in respect to property ehi.ll be borne by the owners of the property or be a lien thereon. The carrier shall not be liable for lose dr damage occasioned by fumigation or disinfection or otbet acts required of done by quar antine regulations or authorities even though the same may have been done by carrier's officer*, agents, or employee*, nor Cor detention, loss, or damage of any kind occasioned by quarantine or the enforcement thereof. No carrier shall be liable, except in case of segligenc*. for asy mistake or inaccuracy is anyinformation furnished by the carrier, its agents, or officers, as to quarantine laws or regulations. The shipper shall bold the carriers harmless 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 laws or regulationsan effect at such place. Sec. 2, (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 tho right in cave of physical necessity to forward said property by any earner or route between the point of shipment and the point of destination. In all cases' not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing aa the re leased value of the property os determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges U paid shall be the maximum amount to be recovered, whether or eot such loss or damage occurs from negligence. -. - <b> A# a condition precedent U> recovery, claims tnusl be filed in writing with the receiving or delivering carrier, or carrier t*6uiog this bill of lading, or carrier on whose line the foes, damage. in> -y or delay occurred, or carrier in possession of the properly when the loss, damage, injury or delay occurred, within, niue 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 ehsJl be instituted against any carrier only withio two years and one day from the day when notice in writing is given by tbe_ carrier to tho claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits arc not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid. .- (cl Any carrier or party liable on account of loos of or damage to any of said, property shall have the. full benefit of any insurance that may have been effected upon or on account of said property, so far as this shall not avoid the policies.or contracts of insurance: PROVIDED, That tbs carrier reimburse the claimant lor the premium paid thereon. Sec. 3. Except where such service is required aa the result of carrier's negligence, all .property cbsll be subject to necessary cooperage and baling at owner's cost. Each carrier over whose route cotton or cotton lihters is to be transported hereunder shall have the privilege, at Its own.cost and risk, of compressing the same for greater convenience in handling or forwarding, and shall not be held responsible for deviation or unavoidable delays in procuring such compression. Crain in bulk consigned to a point where there is a railroad, public or licensed elevator, may (unices otherwise expressly noted, herein, and then if it is not promptly unloaded) be there delivered and placed with other groin of the same kind and grads without respect to ownership (and prompt notice thereof shall be given to the consignor), and if so delivered obeli be subject to a lien for elevator charge* in addition to ail other charges hereunder . / - Sec. f. (a) Property not removed by the party entitled to recoive it withia tbs free time (If any) allowed by tariff*, lawfully on file (such free time to bo computed as therein provided), after .nofjoe of the arrival of the properly at destination or at tho port of export Of intended for export) baa been duly sent or- given, and after plxccmei., of the property. for deUvory at destination has been made, or property not recoived. at time tender of delivery of the property to the party entitled to receive it has been made, may be kept in vessel, vehicle, cut, depot, warehouse or place of business of the carrier, subject to the tariff charge for storage and to carrier's responsibility aa warehouseman, only, or at the option ol tbs carrier, may he removed to and stored in public or licensed warehouse at the point of delivery or other available point, or if no such, warehouse is available al point of delivery or at other available point, then in other available storage facility, at the coat of the owner and there held without liability on the part of the carrier, and subject to a lien for all freight and other lawful chargee;: including a reasonable charge for storage, la the event consignee cannot be found at address given for delivery, then in that event, notice of the placing of such goods ia warehouse-shell be mailed to the address given (or delivery and mailed to any other address gives on the bill of lading for notification, showing the warehouse ia which such properly has been placed..subject to the provisions of tide paragraph. . . (b) Where noqperishable properly which ha* been transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender of delivery, or said eoaatgnec or party entitled to receive it fails to receive or claim it within IS day* after notice ol arrival shall hays been duly seat- or giveo. the carrier may sell the same at public auction to the highest bidder, at such place a* may be designated by the carrier; ' . < ' PROVIDED, That the carrier shall have first mailed, sent, or given U. the consignor, notice that the property hauj. been refused or remains unclaimed, as the can* may bo. and that it will be subject to sale under the-terms of the bill of ladiug if disposition be not arranged for. and shall have publiahed notice containing a description of the property, the oame cf the party to whom consigned, or, if shipped order notify, the otmt of the party to be notified, and the lime and place of eale. once a week for two successive weeks, in a newspaper of general circulation at the place lif safe 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 uoctaimsd'wos mailed, neat or.giyetL. <e) Where perinhable properly which has been transported hereunder to destination is refused by consignee or party entitled to receive it, or said consignee or party entitled to receive it aha!! fail to receive it promptly, the carrier may, in it* discretion, to prevent deterioration or further deterioration, sell tho same to the beat advantage ol private or publio eale: PROVIDED, That if time serves for notification to the consignor or owner of the refusal.of the property or the failure to receive it and request for disposition of the property, eucb notification shall be given. In such tnaooor as tho exercise cl duo diligenco requires, before the property is cold.- ' '' <<l) Where the procedure provided for in the two oaragraphe last preceding is not possible, it ie agreed that nothing contained in said paragraphs shall be construed to abridge the right of the earner at its option co sad the property uulti such circumstance* and in such cnanoer as may be authorized by law. . (e> The proceeds of any sal* made under this section shall be applied by tho carrier to the payment of freight, demurrage, storage, and any other lawful charge* and the expense of notice, advertisement '!e. and other necessary expeuse and Of caring for and maintaining the property, if proper care of the earns requires special expense, and should there be a balance it shall be paid the owner of tho proper*.* eoid hereunder. . . <0 Property destined to or taken from a action, wharf, landing or other place at which there la no regularly appointed freight agent shall be entirely at risk of owner after un loaded from care, vehicles or vessels or until leaded into.cars, vehicles or. vessels, and-, .except in case of Carrier's negligence, when received from or delivered to cucb station*, wharfs, landing*, or otber^place-i shell be at owner's risk until the car* are attached to and alter they .ar* detached troux locomotive or train or until loaded into and alter unloaded from vessels, or if property ia transported in mttor vehicle trailers or aemi-trailers, until such trailers or semi-trailer* are attached to and after they are detached from power unit*. Where a carrier is directed to unfood or deliver ocoparCy transported by motor vehicle at a particular lecetios where coasigaee or eonstgae*'* Meat ie ool regularly located, the risk after un loading. or delivery, ehall be that of Che owner. > . Sec. S, No carrier hereunder -./ill carry or be liable in any way for any document*, specie, or,- for any articles of extraordinary value not specifically rated ia the published classi fication or tariffs unless a special agreement to do so and a stipulated value of the article* are endorsed hereon. . Sec. 6. Every party, whether principal of agent, shipping explosives of dangerous good*, without previous full written disclosure to tha carrier of their nature, ehall be liable for and indemnify the carrier against all loss or damage caused by such goods, and such good* may be warehoused at owner-* risk and expense or destroyed without compensation. Sec. 7. The owner or consignee shall pay the freight aad average, if any. and all other lawful charges accruing on aaid property; but. except in those instances where it may law fully bo authorized to do so. no carrier shall deliver or relinquish, possession at destination of the property covered by this bill of lading until sill tariff rate* and charges thereon have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by signature, ia the space provided for that purpose oa the face of this hill of lading that the carrier.shall not make delivery without requiring payment of such charges and the carrier, cootrary to such etipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) ebs.il uat bo liable for such charges. PROVIDED, That where the carrier ha* been instructed by the shipper or consignor to deliver aaid property to a consignee other than the shipper or consignor],such consignee shall not be legally liable for transportation charges in respect of the transpor tation of eaid properly (heyorui those billed against him at the time: of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him. if the consignee (a) is an scant only and has no beneficial title in eaid property, and (b) prior to delivery of said property has notified the delivering currier in writing of the fact of such agency and absence of benefioial title, and, in'the case-of a shipment recunsigned or.diverted, to a_point other than that specified in the original bill of lading, bo* also notifiod the delivering carrier in writing of the name aad address of the beneficial owner of aatd. property; and, iq such cases the shipper or consignor. or. in the case of a shipment so recoasigned or diverted, the beneficial owner shall be liable for euch additional charges., if the consignee has given to the carrier erroneous information os to who the beneficial owner t* such consignee shall himself be liable for such additional charge*. Nothing hereto shall limit the right of the carrier to require at time of shipment the prepayment or guarantee of the charges. If upon inspection it ie ascertained that the articles' shipped are not those described iu this bill of lading, the freight charge* must be paid upon, the articles actually stripped . ' Sec. 8. If this bit) of lading is Issued on the order of the shipper, or hi* ageat, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of Lading as toi the etateroent-of value or otherwise, or election ol ooturnon law or bill of lading liability, in or ia connection with such prior bill of lading.' aha!) be considered a part of this bill of lading as fully as if. the same were written or made in or in connection with thi* bill of lading. ' . . Sec. 9. (a) If all or any part of d property is carried by;water over any part of eaid routo. euch water carriage shall be performed subject to all the terms and provision* of, md all the exemptions from fiability contained in. the Act of the Congress of the Doited.Stale*, approved on February 13. 1833. and entitled "An act relating to the navigation of veasels, etc..I* and of other statutes of. the Uoiled States' according oarriera by water the protection of: limited liability, and to the condition* contained in thi* bill of lading not inconsistent therewith or with this section. ' . . - . .. - . (b) No *ucb carrier by water ehall be liable for any loss or damage resulting from any fire happening, to or on- board the vessel, or from explosion, bursting ( boiler* or breakage f abaft*, uiiloe* caused by the design or neglect of uch carrier _. . ' ': . (c) If. the owner ahail have exercised due diligence in making the vosect in all respect* seaworthy and properly manned, equipped and supplied. oo such carrier shall be liable for any lose or damage resulting from the peril* of tho lakes, svxa. or other, water*.- or. from latent .defect* io bull, machinery, or appurtenances whether existing prior to, at the time of. or after sailing, nr .from eoJJieioa, stranding, or other'accident* of navigation, of from prolongation of the v6yge. And. when lor any reason it is necessary, any vessel carrying any or all of the property herein described shall be at liberty to call at any port or port*, in or out Of the customary route.'to to* and be towed, to transfer, traae-ship. or fighter, to load and discharge goods at any time, to assist vessets'id distress, to deviate for the purpose Of saving life or pfoperty, and for docking and repairs. Exaopt in case of negligenco suoh carrier aboil not be responsible for any lots or damage to property if it be necoesory or'is usual to carry.'the same'upon .deck. : ' (dl General Average shall be payable according to the Vork-Antwerp Rulee.of 1924. Sections l to l5, inclusive, and Section* :L7- to 21, inclusive, and as to matters not covered thereby according, to the laws and usages of the Port of New Ybrk. If.the awoors shall have bgereised due diligence to make the vessel in all respect* seaworthy and property manned, equipped'.and supplied, it j* hereby agreed that in case of danger, damage or disaster resulting from.fault* or error* (a navigation, qr in the management of the vessel, orfrom any latent or other defect* in the vessel, her machinery or appurtenances] or from uaseqwprthines*. whether existing at the time of shipment or at the beginning of the voyage (provided the latent or other defect* or the unsenworthiness was not discoverable by the exercise of 'due diligence), the shippers, -consignees and/or owners of the cArgo shall nevertheless par alvogo and .any specie! charges incurred io respect of tho cargo; -and'shall contribute with''the .shipowner in general average to tbe payment of any sacrifices, losses or expenses of m general average nature that .may be made or incurred for th* Common benefit or to reli'eve the adventure from any common peril. ' - (e) If the property is being, carried .under a tariff, which provide* that any carrier or carriers-party, thereto shall be liable for loss from perils of tbe sea, then aa to such carrier or carriers the provision* of thia section ehal* he-roodihed in accordance with the tariff provisions, which- shall be regarded as incorporated into- the condition* of this bill of lading. if) The term ''water carriage" tn this ee-tiop aboil not be construed e* including lighterage, in or across rivero, harbor*, or lakes, when performed by or on bebalf of carriers other them water. _ . '. ' 1' ' . Sec, 10, Any alteration, addition, or erasure fa this bill of lading which sball be made without th* special notation hereon of tbe agent of the carrier larging this bill of lading, kbail be without effect, and thi* hiil ol lading shall be enforceable according to it* origmoi tenor-. .- ' Umiferm B<U of Lade*a, National Motor Clamftcatu* rsusrrgp st oo*. f.'cwuujt num*o oo., rr. toyta, mo. BSIS-Roberson01790