OCR Text |
Show CONTRACT TERMS AND' CONDITIONS See. t» (a) Tin earttei Of paify In possession of amy of the property herein described shall b< liable at at common law Ion any lot) thereof er damage thereto exitep'at henrnaftet isrovidecf (fa) N o unlet or party in possession Oi alt o> any of th. piopert-. herein described .KailI be liable le, any loss thereof OF dama3 e thereto o. delay caused by the' Act oi C o d , the public enemy the aothetiltf of law, et the act 0» default el the shipper et Owner, et foi natural shrinkage. The carrier) liability shall be that o warehousemen, on y, (or loss damage or delav cayxd bu [;,. ^ L . . ; „ , .ll, VL. ."7""*? the. free .in,, (if any) allowed by tariff, Zffa on file (soch he. time to 1. computed „ .h.reinVid.d; alt,, notice ol the arrival oVih. ^ i X p ^ X ^ T ^ p l T J ^ ^ ^ ^ ^ i has been duly sent or green, and eMei placement of the property for delivery at destination, or lender of delivery ol the property to the party entitled to receive It, ha. been made Except in ease of neoliuen^ «f the center ei parly in possession (end the burden le prove freedom from such negligence )haH b e en the carrier or party in poiwttion), the carrier or parly in possession thai! not be liable lor loss __i_il „ delay occurring while the property is stopped and held m transit upon the request of ihe shipper, owner, or party, entitled to make such request, or resulting from a defect or vice in the property of for counVr ___f_ L° COfl.0n• " 'jT**t"°JS °* * ,M-L , pl '" C",* " &!"? * •»«sl!9«nce, no carrier or party in possession of all or any ol the property herein described shall be liable lor delay caused by highway obstru". •icm, faulty or impassable highway, et lac* of capacity ol any htjhwey, bridge or ferry, and the burden to prove freedom from such negligence shall be o n the carrier or party in possession "www (c) In " j e of quarantine the property may be discharged at rislr and expense of owners inlo quarantine depot 01 elsewhere, as required by quarantine regulations ot authorities or for the carrier's disoatelk et nearest availableI point in camels judgment, and m any such ease carrier's responsibility shall cease when prooerty is so discharged, or property m a y b e returned by-carrier at owner's expense to shipping DoiVr! eeming freight both way». Quarantine expenses ol whatever nature or kind upon or in respect to property shell be borne by the owners of the property or be e lien thereon The Carrier shall'not be liabfeloi !o» ot damage occasioned by fumigation et disinfection er other arts required ot done by quarantine regulations or authorities even though the same may have been dene fay carrier's officer) agents ot emSoveet nertot deteittien, loss, ot damage of any kind occasioned by quarantine o. the enforcement thereof N o carrier shall be liable, except in case ol negligence, lor any mistake ot inaccuracy 'in V n y inlormationfiS' nisned by the carrier (ft agents, 01 officers, as to quarantine laws er regulation). The shipper shall hold the carriers harmless Irom any expense they may incur, or damages they may be required to nav bv, raasnn. of the introduction ol the property coveredby this contract into any place against the quarantine law) or regulations in effect at such place. ' . ' ' - r«w«y««vir S e c . 2 . (a) N o carrier is bound to transport said property by any particular schedule, train, vehicle or vessel, oi in time lor any particular market or otherwise than with reasonable dispatch Every caariet jnaSI have the tight in case ol physical necessity to fotward said property by any carrier or route between the point of shipment and the point ol destination. In all eases net prohibited b y law where a lewct vakili then actual value be; been represented in writing by the shipper ot has been agreed upon in writing as the released value ol the property as determined b y fte classification ot tariffs upon which the rate it based, such lower value plus freight charges it paid shell be the maximum amount to be recovered, whether or not such lois or damage occurs from negligence. (b) A s e condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or earner issuing this bill ol lading, or carriet en whose line the toss damage injury or delax occurred, ot center in possession of the property when Ike low, damage, Injury oi delay occurred within nine months alter delivery of the property (di, in the case of export traffic, within nine months alter delivery Jt pert of export) oi, m case of larlure to make delivery, then within nine months alter a reasonable time for delivery has elapsed, and suits shall be instituted against any carriet only within two years and one d»J from the day when notice in writing is.given by the carriet to the claimant that the catricr has disallowed the claim oi any part or parts thereof specified in the notice. Where claim* are not fled ot suits aie ncS Instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid. (e) A n y carriei ot party liable o n account ol loss el or damage to any ol said properly shall have the full benefit of any in>uiance thai may have been effected upon oi on account of said prooerty so fat as Shot shall not avoid the policies ot contracts ol insurance P R O V I D E D , That the carrier reimburse the claimant for the premium paid thereon. ^^ S e c . 3. Except where such service is required as the result el carrier's negligence, all property shall be subject to necessary cooperage and bating et ownei's cost. Each carriei over whose route cotton ot cotton linters is to be transported hereunder shall have the privilege, at its o w n cost and risk, of compressing the same lor greater convenience in handling or forwarding, and shall not be held responsible for deviation et unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is a railroad, public or licensed elevator, may (unless otherwise expressly noted herein and then if il is not promptly unloaded) be there delivered end placed with other grain of the same kind and grade without respect to ownership (and prompt notice thereof shall be given to the consignor) ami if 'to delivered shall be subject to a lien lor elevator charges in addition to all other charges hereunder. S e c . 4. (a) Property not removed by the party entitled to receive it within the free time (if any) allowed by tariffs, lawfully on file (such free time to be computed as therein provided) after notice ol the arrival of the property at destination oi ai the port of expert (if intended for export) has been duly sent or given, and after placement of tire property for delivery at destination has been triads or property no* received, el time tendei of delivery ol the property to the party entitled to receive it has been made, may be kept in vessel, vehicle, car, depot, warehouse or place ol business of the carrier subject to the tarrft charge tor stoiage and to carrier's icsponsibility 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 of delivery or other available, point, or if no such warehouse is available ai point ol delivery or at other available point, then in other available storage facility, at the cert of the owner, and these held without liability on the part of the came* end subject to a lien for all freight and other lawful charges, including a reasonable charge lor Storage. In the event consignee cannot be found at address given lor delivery then »n that event not-ce ol the plaCinn of such goods in warehouse shall be mailed to the address given for delivery and mailed to any other address given on the bill of lading for notification, showing the warehouse in which such Drotrertv has bec^ placed, subject to the provisions of this paragraph. . K ' (b) Where nonperisbabie property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender ol delivery, or said consignee ot party entitled to receive it fails to receive or claim it within 1S days alter notice of arrival shall have been duly sent or given, the carrier may sell trie same at public auction to the highest bidder at such place as m a y be desin. fiated by (he carrier: ~ * v^ • * P R O V I D E D , Thai the earlier shai! 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 w,!l be subiect to sale under the terms of the bn! of lading if disposition be not arranged for, and shall have published notice containing a description of the property, the name ol the party to w h o m consigned er if snipped order notify the nf ^ of the party to be notified and the time and place of sale once a v eek loi two successive weeks, in a newspaper ol geneial emulation at the place of safe or nearest place wh'ere such newspapet is pub^ tisheo. r K U V I U t U , that 30 days shall have elapsed bciore publication or notice of seie alter sard notice that the property was refused oi remains unclaimed was mailed, sen: or niven. (c) Where perishable property which has been transported hereunder to destination is refused by consignee or party entitled to receive it, ot said consignee or party entitled to "receive if shall fail to tcceive if promptly, the carrier may, in its discretion, to pievenl deterioration or furthei deterioration, sell the same to the best advantage at private or public sale- P R O V I D E D , That if time serves for notification to the, cnnsignoi oi owner ol the refusal of the property or tiie failure to receive it and request loi disposition ol the property, such notification shall be given, in such manner a: the caerci-e o< due d:1iqence r-ouire. before the property is sold. ' 3 H u W ) ™h,e'e 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 abridse the right of the carriei at Its option to sell the property under such circumstances and in such manner as may be asrthoriied by law. (e) The proceeds ol any sale made under this section shall be applied by the carrier to the payment of Irersht, demurrage, storage, and any other lawful charees end the enpense of notice advertisement >ate, and other necessary expense and of caring for and maintaining the property, il proper care ol same requires special expense, and should there be a balance'ii shall be paid to the owner 'of the procrertu sold hereunder. * p * (I) Property destined to or taken, from a station, wharf, landing or other place a! which there is no regularly appointed freight agent shall be entirely at risk ol owner aftet unloaded from cars vehicle) ot vessels ot until loaded into cars, vehicles or vessels, a\A, except in case of carsier'r, 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 alter they are detached from locomotive or tiain or until loaded into and after unloaded from vessels, or if property is transported in motor vehicle trailers'or semi.trailers until such tiaileisj or semi-trailers are attached to and after they are detached from power units. Where a catties is directed to unload or deliver property transported by motor vehicle at » particulat location where consignee c» consignee's agent is not tegularly located^ the risk after unloading, or delivery, shall be that oi the owner. S e c . S. N o carrier hereunder will cany or be liable in any way for any documents,, specie, or lor any articles ol extraordinary value not specifically lated in the published classification oi tariff) unless e> special agreement to do so and a stipulated value cf the articles ate endorsed hcieort. S e c . 6. Every party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to the carrier ol theii neiuie, shall be liable lor and indemnify the oawlci against all loss or damage caused by sucn goods, and such goods may be warehoused at owner's risk and expense or destroyed without compensation. S e c . 7. The owner or consignee shall pay the freight and average, if any, and all other lawful charges accruing on said property, but, except in those instance) where it m a y lawfully be authorised to d o so no earner shall deliver or relinquish possession at destination of the property covered by this brl! ol lading until all tariff rates and charges thereon have been paid. The consignor shall be liable for the freiglrt end all other (awful charges, except that ii the consignor stipulates, by signature, in the space provided for that purpose on the lace ol this bill of lading that the carrier shall not make delivery without requiritin payment ol such charges „nd the carriei, contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable lot such charges P R O V I D E D , That, whete the carriei has been instructed by the shippei or consignoi to deliver said property to a consignee other than the shipper or consignor, such consignee shall not be legally liable tot transportation charges in respect ol the transportation ol said property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due aftei the property has been delivered to him, if the consignee (a) is an agent only and has no beneficial title in laid property, end (b) prior to delivety of said property has notified the delivering carriet in writing of the fact of titer! agency and absence of beneficial title and, in the case ol a shipment reconsigncd or diverted to a point other than that specified in the original bill ol lading, has also notified the delivering carriei m writing cj the name and address ol the beneficial owner of said property, and, in )uch cases the shipper or consignor, or, in the case of a shipment so reconvened or diverted, the beneficial owner shall be liable foi such additional charges. II the consignee has given to the carrier erroneous information as to w h o the beneficial owner is, )uch consignee shall himself be liable lot such additional charges Nothing heicin shall limit th« tight ol the carrier to require at time of shipment Ihe prepayment oi guarantee ol the chaises. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading the freight charges must be paid upon the articles actually shipped. ^^ S e c . 8. If this bill of lading Is issued on the Older ol the shippei, oi his agent, In exchange or In substitution for another bill ol lading, the shipper-) signature to the prior bilf ol lading as lo the statement! of value or otherwise, or election ol c o m m o n law oi bill ol lading liability, in oi in connection with such ptioi bill ol lading, shall be considered a part of this bill of lading as fully as if the same weie written ot made in or in connection with this bill of Jading. S e c . 9. (a) II all or any part ol said property Is carried by water over any part of said route, such water carriage shall be performed subject to all the terms and provisions of and all the exemptions from liability contained in, the Act ol the Congress of the United States, approved on Febtuaiy 13,1893, and entitled " A n act relating to the navigation ol vessels, etc./' and ol othet statutes of the United States accordinq carriers by water the protection of limited liability, and to the conditions contained in this bin of lading not inconsistent therewith or with this section. (b) N o such carrier by water shall be liable for any loss oi damage resulting Irom any lire happening to or on board the vessel, oi Irom explosion, bursting of boilers or breakage of shafts unless caused b» the design or neglect of such carrier. ' (C) if the owner shall have exercised due diligence in making the vessel in elf respects seaworthy and property manned, equipped and supplied, no such caniei shall be liable lot any loss or damage resulting from the perils of the lakes, seas, or other waters, oi from latent delects in hull, machinery, or appurtenances whether existing prior to, at the lime ol, or altei sailing, or Irom collision stranding or other accidents ol navigation, ot (torn prolongation ol the voyage. And. when foi 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 oi potts in oi out of the customary route, to tow and be_towed, to transfer, trans-ship, oi lighter, lo load and discharge goods al any lime, to assist vessels in distress, to deviate lor the purpose ol saving life or property, andfot docking and tepaiis. Except in case oi negligence such caniei shall not be responsible for any loss ot damage to property if it be necessary or is usual to carry the same upon deck (d) General Average shall be payable according to the: York-Antwerp Rules of 1054, Sections 1 to 15, inclusive, and Sections 17 to M , inclusive, and as to matteis not covered thereby according to Ihe laws and usages ol the Port ol N e w York. II the owners shall have exercised due drhgence lo make Ihe vessel in all respects seaworthy and properly manned, equipped and supplied it is hereby agreed that in case ol danget, damage 01 disastet resulting from faults 01 erron in navigation, 01 in the management of the vessel, or Irom any latent or other delects in the vessel, hei machinery ot appurtenances ot from unsea-worthiness, whether existing at the time ol shipment 01 at the beginning ol the voyage (provided the latent ot other delect) or the umeaworthiness was not discoverable by the exercise of due diligence) the shippers consignees and/or owners of the cargo shall nevertheless pay salvage end any special charges Incurred in respect ol the cargo, and shall contribute with the shipowner in general average to ine payment ol any Sacrifices, losses or expenses ol a general average nature that may be made or incurred for the c o m m o n benefit or to relieve the adventure Irom any common peril. (e) If the properly is being carried under a tariff which provides that any carrier 01 carriers party thereto shall be liable lor loss from perils ol the sea, theii as to such carrier ot carriers the provisions ol this Section shall be modified in accordance with the tariff provisions, which shall be regarded as incoipoiated into the conditions ol this bill ol lading. (f) The term "watet carriage" in this section shall not be construed as including lighterage in or across rivers, harbors, or lakes, when performed by ot on behalf of carriers other than water. j,. t^Fc : 1 • Any alteration, addition, or erasure in this bill of lading which shall be m.,o'«; without the special notation hereon of the agent o( the carriei issuing this bill of lading, ih„it be without effect, end, this bill of lading shall be enforceable according to its oriqinartenor. UKIFOtlM BIU OF tADtMG, NATKmAL MOTCIt FBEtCHT CLASStriCATtOft. |