Document a193LDeDEaYJN118BRQmRpKLM

CONTRACT 1TEKi73 AND COr.OfTtGJJS &N. . U) Tha omrtim or owtr ta gamiwfnn f mi of the properUr team** daaoribari aboil be table a* at tosuua U* lot kr faM tbwtal r damago tfcaarta. mmP M ImmIi liter provided. ' (bk No carrier or pari; to possession of all or any of the property herein described shaO be liable for any loss thereof dr damage thereto or delay caused by tbo Act of God. the publimbtcay. the authority of lew. or the act or default of the shipper or owner, or for natural shrinkage. The carrier's liability shall he that of warehouseman, only, for loss, damage, or ify caused by fire occurring after the expiration of the free time (if any) allowed by tariffs lawfully on file {such free time to be.eomputed as therein provided) after notice of the arris at of the property at destination or at the port of export (if intended for export) has been duly seat or given, and after placement of the property for delivery at destination, o/tender of delivery of the property to the party entitled to receive it. has been made. Except ia case of negligence of the earner or party in possession (and the burden to prove frea|{om from such negligence shall be on the carrier or party in possession), the carrier or party ia possession shall not be liable ior loss, damage, or delay occurring while the property w stopped and held in transit upon the request of the shipper, owner, or party, entitled to make such request, or resulting from a defect or vice in tba property, or for country damage to cotton, or from riots or strikes. Except in ease of carrier's negligence, no earner or party in possession of all or any of the property herein described shall be. liable for delay caused by higHVa^f- obstruction, faulty or impassable highway, or lack of capacity of any highway, bridge or ferry, and the burden to prove freedom (com such negligence shall be on the earner dr party in possession. <cf In case 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 for the carrier's dispatch at nearest available point ia carrier's judgment, and in any auch case carrier's responsibility shall cease when property ta bo 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 borae I# th*>'ownera of the property or be a lien thereon. The carrier shall not be liable for loss or damage occasioned by fumigation or disinfection or other acta required or dooe hy quay* Satinj regulations or authorities even though the same may Slav* 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 ageots. or officers, as to quarantine laws or regulations. The shipper shall bold the carriers harmless (tom 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 cbe quaraotiue laws or regulations in effect at such place. Sec. 2. la) No carrier is bound to transport said property by any particular echcdute. train, vehicle or vessel, or in time for any particular market or otherwise than with reasonable dispatch. Every carrier shall havs the right in case of physical necessity to forward eaid property by any carrier or route between the point ol shipment and the point of destination. In all eases not prohibited by law. where a lower value than actual value has been represented In writing by Die shipper or has been agreed upon in writing as the re leased value of the property as determined hy 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 damago 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 loss, damage, injr-y or delay occurred, or carrier in possession of the property when the loss, damage. injury or delay occurred, within nine months alter delivery ol the property (or. in the casa ol export traffic, within nine months alter delivery at port of export) or. in case of failure to make delivery, then within ninemonUis after a reasonable time for delivery has elapsed; and suits shall be instituted against any carrier only within two year6 and one day from the 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 claims are not filed or suits are not instituted thereon in accordance with the forecoiag provisions, no carrier hereunder shall be liable, and such claims will not be paid. (c) Any carrier or party liable on account of toiui of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or oa account of said property, so far as this shall not avoid the policies or cotAracts of insurance; PROVIDED, That the carrier reimburse the claimant for the premium paid thereon. Sec. i. Except where euch service is required as the result of carrier's neglieeace. all property shall be Subject to necessary cooperage and baling at owner's cost. Each carrier over whose route cotton or cotton (inters is to be transported hereunder ahall have the privilege, at its own cost and risk, of compressing the same for greater convenience ta handling or forwardio*. and shall not be held responsible for deviation or unavoidable delays in procuring auch compression. Grain in bulk consigned to a point where there is a railroad, pubiio or licensed elevator, may (unless otherwise expressly noted herein, and thee if it in not promptly unloaded) be there delivered and placed with other grain of the some kind and grade without respect to ownership (uud prompt notice thereof shall be given to the consignor), and if so delivered shall be subject to a lien for eiev&tor charges in addition to all other charge* hereunder Sec. 4. (a) Property not removed by the parly entitled to receive it within the free time (If any) allowed by tariffs, lawfully on file (euch 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 duty cent or given, and after placetoeu- of the proporty for delivery at destination has been made, or property not received, at time tender of delivery of the property to the 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 aod 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 ol 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, at the coat of the owner and there hold without liability oa the part of "the carrier, and subject to a lien for all freight and other lawful charcoA including a reasonable charge for storage, In the event consignee cannot be found at address given for delivery, then in that event, notice of the placing of euch goods ia warehouse shall be mailed to the address given for delivery acd mailed to any other address given on the bill of lading for notification, showing the warehouse in which euch property has been placed, subject to the provisions of this paragraph. (b) Where nonperiehable property which has been 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 beeo duly sent or given, the carrier may sell the earn* at public auction to the highest bidder, at euob place aa may be designated by the carrier: PROVIDED, That the carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be. and that it will be subject to sale under the terms of the bill of lading if dlsprvaUoo be not arranged for, and shall have published notice containing a description of th'e property. the name of the party to whom consigned, or. if shipped order notify, the name of the patty to be notified, and the time aod place of sate, once a week fortwo successive weeks, in a newspaper of general circulation at tbo place of sale or nearest place where auch newspaper is published. PRO VIDED, That 30 days shall have elapsed before publication of notice of solo after aid notice that the property was refused or remains unclaimed was mailed, neat or given. fc) Where perishable property which has been transported hereunder to destination ta refused by consignee or party entitled to receive It. or said consignee or party entitled to receive it shall fail to receive it promptly, thp carrier may. to its discretion, to prevent deterioration or further deterioration, sell the same to.the beet advantage at private or public ale: PROVIOEO. 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, such notification shall be given, in such manner as the exercise of due diligence requires, before the property is sold. (d) Where the procedure provided for in the two paragraphs last preceding is not possible. it is agreed that nothing contained in said paragraphs shall be construed to abridgs the right of tbo carrier at its option to dell else property under such circumstances and in such manner as may be authorized by law. - (e) The proceeds of any sale made under this accrioa shall be applied by tho carrier to the payment of freight, demurrage, storage, and any other lawful charge* and tbs expense of notice, advertisement 'ale. and other necessary expeuee and of caring for aod maintaining the property, if proper care of the same requires special expense, aod should there be a balance it abed be paid u, the owner of the property sold hereunder. (0 Property destined to or taken from a station. wharf, landing or other nlace at which there is no regularly appointed freight agent shall be entirely at risk of owner after un loaded from cars, vehicles or vessels or until > jaded into earn, vehicles or vessels, and. except in case of carrier's negligence, when received from or delivered to such stations, wharfs, landings, or other places shall be at owner's risk until the cars are attached to and after they am detached from locomotive or train or until loaded into and after unloaded from vessels, or if property is transported in nv.cor vehicle trailers or semi-trailers, until such trailers or semi-trailer* are attached to and after they am detached froro power units. Where a carrier is directed to unload or deliver property transported by motor vehicle at a particular location where consignee or consignee's agent ia not regularly Jooaled. tbe risk after up loading. or delivery, shall be that of the owner, t , Sec. S. No carrier hereunder trill carry or bs liable in any way for any documents, specie, or for any article* of extraordinary value not specifically rated in tho published classi fication or tariff* unless a special agreement to do so aud a stipulated value of the articles are endorsed hereon. . Sec. 0. Every party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against alt lose or damage caused by such goods, and euoh goods may be warehoused at owner's risk and expense or destroyed without compensation. Sec. 7. The owner or consignee shall pay the freight and average, if atiy. and all other lawful charges accruing on said property; but. except in those instances where it may law fully be authorized to do so. no carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading until all tariff rate* and charges thereon have been paid. The consignor shall be liable for the freight and all other lawful charge*, except that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading that tbe carrier shall not make delivery without requiring paymant of such charges and the oatrier. contrary to auch stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable Sot such charges. PROVIDED. That where the carrier hae been instructed by the shipper or consignor to deliver said 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 said property (beyond those billed against him at the time of delivery lor which he is otherwise liable) which may be found to be due after the property baa been deliveredto him, if the consignee (a) is an agent only ood 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 ol such agency and absence of beneficial title, and, in the case of a shipment reconsigoed or diverted to a point other thaa that specified in the original bill of lading, bas also notified the delivering carrier m writing of the name and address of tho beneficial owoer of said property; aod, ici such cases the shipper or consignor, or, ia tbo case of a bipment so recon vened or diverted, the beneficial owner shall be liable for euch additional charges. If tho consignee has given to the carrier erroneous information so to who the beneficial owner i* auch consignee shall himself be liable for such additional charges. Nothing herein sitoll limit the right of the. carrier to require at time of shipment the prepayment or guarantee ol the charges. If upon inspection it is ascertained that the articles shipped are not thoro described in this bill of lading, the frsight charges must be paid upon the articles actually shipped Sec. 8. If thia bill of lading I* issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability. In or in connection with euch prior bill of lading, shall be considered * part of thia bill of lading as fully as if the same were written or made in or in connection with this bill of lading. See. 0. (a> If all or any part of said property is carried by water over any part of eaid route, such water carriage shall be performed subject to all the terms and provisions of. tad all the exemptions from liability contained In, the Ant of tho Congress of tbd United States, approved on February 13,-1693, and entitled "An ant relating to the navigation of vessels, to.." aod of other statutes of tbe United States according carrier* by water the protection of limited liability, and to the conditions contained in this bill of lading not inconsistent therewith or with this section. ' (b) No such carrier by water eball be liable for any loss or damage resulting from any fire happening to or on board tbe vessel, or from explosion, bursting of boiler* or breakage >f shafts, unless caused by the design or neglect of such carrier - (c) if the owner shall have exercised due diligence in making the vessel to all respects seaworthy and properly manned, equipped and Supplied, no such carrier shall be liable for any loss or damage resulting from the perils of the lakes, ae&s. or other waters, or from latent defects in bull, machinery, or appurtenances whether existing prior to. at the time ol. or after sailing, or from collision. stranding, or other accidents of navigation, or from prolongation of the voyage. And. when for any reason it is necessary, any veaael carrying any or alt of the property herein described shall be at liberty to call at any port or ports, in or out of the customary route, to tow and be towed, to transfer, trans-ship, or lighter, to load and discharge goods at any time, to assist vessels in distress, to deviate for the purpose of saving life or property; and for docking and repairs. Except in case of negligence auch carrier - shall not be responsible for any loos or damage to property if it be necessary or is usual to carry the same upon deck. (d) General Average shall bo payable according to tho York-Antwerp Rules of 1924, Sections t to 15. inclusive, and Sections 17 to 22. inclusive, and as to matter* not covered thereby according to the (awe ami usage* of the Fort of New York. If the owners shall have exercised due diligence to make the vessel in all respects seaworthy aad properly manned, quipped and supplied, it is hereby agreed that <a case of danger,-damage or disaster resulting from faults or errors ia navigation, or in the management of the vessel, or from any latent or other defects in tbe vessel, her machinery or appurtenances, or from uoseeworthineas. whether existing at the lime of shipment or at the beginning of the voyage (provided the latent or other defects or the unacaworshtnes* was not discoverable by tbe exercise of due diligence), the shippers, consignee* and/or owners of the cargo shall neverthelees pay salvage and any special charges incurred, in respect of the cargo, and shati contribute with the shipowner in general average to the payment of any sacrifice*, lasses or expsnses of a general average nature that may be made or incurred for the common benefit or to relieve tbe adventure from aay common peril. (e) If the property is being carried under a tariff which provides chat auy carrier or carriers party thereto shall be liable for loss from perils of the eoa, then a* to such carrier or carriers the provisions of this section shat' be modified in accordance with the tariff provisions, which shall be regarded as incorporated into the conditions of this bill of lading. (f) The term "water carriage" m this ee-'tion eball not be construed aa including lighterage in or across rivet*, harbors, or lokee. when performed by or oa behalf of carriers other than water. . . Sec. tO. Any alteration, addition, or erasure to this bill ol lading which shall be made without the special notation hereon of tbe agent of tho earner iwring this bill of lading, shall be without effect, and this bill ol lading shall1 be enforceable according to its original tenor Umiform BSi of Lodi*#, Soitomoi Motor Frngki CLunficatum nn v cox. i.cuum rtomM oo. gr.juxrUj M*. BSIS-Roberson00174