upr000329 14

Sec. 1. (a ) T h e carrier or party In possession o f any o f the property Herein described shall be liable as at common law fo r any loss thereof or damage thereto, except as hereinafter provided. ; ; (b ) N o carrier or party in. possession o f all or any o f the property herein described shall be liable fo r any loss thereof or damage thereto or delay caused b y the act o f God, the public enemy, the author­it y o f law, o r the act or d efa u lt-o f the shipper or owner, or for natural shrinkage. T h e carrier’s liab ility shall be that o f warehouseman, only, for loss, damage, or delay caused b y fire occurring a fter the expiration o f th e free tim e allowed^ b y tariffs law fully on file (such free tim e to b e computed as therein provided) after notice o f the arrival o f th e property a t destination Or a t the port o f export ( i f intended fo r export) has been duly sent or given, and a fter placement o f the property fo r d elivery a t destination, or tender o f delivery o f the property to the party entitled to receive it, has ^been made. Except in case q f negligence o f the carrier or p a rty in possession <and the burden to prove.freedom from such negligence shall b e on the carrier or p arty In possession), the carrier or p arty in possession shall not be liable for loss, damage, or delay occurring while th e property is stopped and held in transit upon the request o f th e shipper, owner, or party entitled to make such request, or resulting from a defect or vice in the property, or fo r country damage to cotton, or from riots or strikes. (o ) In case o f quarantine th e property m ay. be discharged .at risk and expense o f owners in to quarantine depot orelsewhere, as req u ired b y quarantine regulations or authorities, Or fo r the carrier’ s dispatch a^ nearest availab le point in , carrier’® judgment, and in any such case carrier’s responsibility shall cease, when property is so , discharged, or property m ay b e returned b y carrier a t owner’s ex- . pense t o snipping point, earning freight both ways. Qmirantine'expenses o f w hatever nature or kind upon or in respect to property shall b e borne b y the owners o f th e property Or be a lien thereon. T h e carrier shall not b e liable for loss or dam age occasioned b ^ fu m iga tion or disinfection or other acts required or done b y quarantine regulations or authorities even though th e same m ay h ave been done b y carrier’s officers, agents, or employees, nor fo r detention, loss, or damage o f any kind occarioned b y quarantine or the enforcement thereof.' N o carrier shall b e liable, except in case o f negligence, fo r any mistake or inaccuracy'to any information furnished b y th e carrier, its agents,.or officers, as to quarantine law% or regulations. T h e shipper shall hold the Carriers harmless from any expense th ey may incur, or damages th ey m ay b e required, t o pay, b y reason o f the Introduction o f the property covered b y this contract into any place against the quarantine laws or regulations in effect a t such place. Sec. N o carrier is bound to transport said property b y any particular train pr vessel, o f in tim e fo r an y particular, market or otherwise than with reasonable dispatch. E v e ry carrier shall have th e right In case o f physical necessity to forward said property b y a n y carrier or route between th e point o f shipment and th e point o f destination. In all cases n ot prohibited b y law, where a lower value than actual value has been represented in w riting b y the shipper or has been agreed-upon in w riting as the released value of- the- property as determined b y the, classification or tariffs upon which the rate/ is based, such low er va lu e plus freight charges i f paid shall be th e maximum amount t o be recovered, whether or n ot such loss or damage occurs from hegligence. .(b) A s a condition precedent to: recovery, claims must b e filed in writing w ith th e receiving Or delivering carrier, or carrier Issuing this .bill o f lading, or carrier on whose lin e the loss, damage, injuryt or delay occurred, within ninp months after d elivery o f the property (or, in case o f export traffic, within nine months after delivery a t port o f export) or, in case o f failure to m ake delivery, then Within^ nine months after a reasonable tim e fo r d elivery has elapsed; and suits shall be Instituted against any carrier only within tw o years and one d a y from the d ay when notice in writing is given b y the carrier t o th e claimant th at th e carrier has -disallowed th e claim or any p a rt or parts thereof specified in th e notice. Where claims are n ot filed or suits" are n ot Instituted thereon in accordance w ith th e fore­going provisions, no carrier hereunder shall be liable, and such claims w ill n ot be paid. (c ) A n y carrier or p arty liable on account o f loss o f or damage to any o f said p roperty shall have the full benefit o f an y insurance that m ay have been effected upon or on account o f said property, So fa r as this, shall not avoid the policies o f contracts o f insurance: Provided, T h a t th e carrier reimburse the claimant for the premium paid thereon. Sec. 3. _ E xcept .where such service is required as the result o f carrier’s negligence, all property shall be subject to necessary cooperage an d baling a t owner’ s cost. Each carrier over whose route cotton o r cotton linters is to b e transported hereunder shall h ave the privilege, a t its own cost and risk, o f compressing the same fo r greater convenience m handling or forwarding, and shall not b e held respon­sible fo r deviation^ or Unavoidable delays to procuring such compression Grain in bulk consigned to a point where there is a railroad, public or licensed elevator, m ay (unless otherwise expressly noted herein, and then i f i f is not prom ptly unloaded) b e there delivered and placed with other grain o f the same kind and grade without respect to ownership (and. prompt notice thereof shall b e given to th e; consignor), and i f so delivered shall be subject t o a liem fo r elevator charges in addition to all other charges hereunder. - Sec. 4. (a ) P roperty n ot rem oved b y the party entifled to receive* it within th e free, tim e allowed b y tariffs, law fully on file (such free tim e to be computed as therein p rovided), after notice o f the arrival o f the property a t destination o r a t th e port o f export ( if intended fo r export) has been duly,sept or given , and after'’ placem ent o f the property for delivery a t destination has been made, m ay b o k ept In vessel, car, depot, warehouse or place o f delivery o f thecarrier, subject to the tariff charge fo r storage and to carrier’s responsibility as 'warehouseman, only, or a t the Option o f the carrier, m ay be removed to and storedm . a public or licensed warehouse a t the place o f d elivery or other available place, at-the cost o f the owner, and there held without liab ility on the part o f the carrier, and sub­ject, to a lien fo r all freight and other; law ful charges, Including a reasonable charge fo r storage. ; . ( b ) , Inhere nonperishable property which has been transported toXdestin^tion hereunder is refused b y consignee or th e party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days a fter N o tice o f arrival shall have been duly sent or given,1 the carrier m ay sell the same a t public auction to. th e highest bidder, at>such place as m ay b e designated b y the carrier:- Provided, T h a t the carrier shall n a ve first mailed, senti pr-given to the consignOT n otice that-the property has been refosed.orrkm ains unclaimed,.as the;case m ay be, and that it w ill b e subject to sale, under the terms o f th e b ill o f lading i f disposition b e n ot arranged for, and shall have' published notice containing a description o f th e property, , the name o f the party to whom consigned,, or, i f shipped* order n otify, the name of: the party t o b e notified, and the tim e and place o f sale; once a w eek fo r tw o successive Weeks, in a newspaper o f general circulation a t the place o f sale o r nearest place where such1 newspaper is published: Provided, T h a t 30 days_ shall have elapsed b e fo re publication o f notice o f sale after said notice that the property was refused or remains unclaimed was mailed, Bent, or given. (c ) W h ere perishable property which has beeiTtransported hereunder to destination is refused b y consignee or party entitled to receive It, b r said consignee or party entitled to receive it shall fa il to/ receive, it prom ptly, , the carrier m ay, in its discretion, to. prevent deterioration o r further deterioration, sell the same to the best advantage a t private or public saler Provided, T h a t i f tim e serves for notiC ScatTon to the c o n s ig n o ro r owner' o f th e refusal o f th e property or the failure to receive it and request. f o r disposition o f the property, such notification shall b e given, in such-manner as the exercise, o f due diligence requires, before the p roperty is sold. (d ) 'inhere th e procedure provided for in the tw o paragraphs last precedingls n ot possible, It Is agreed that nothing contained in said paragraphs shall be construed to abridge the rig h t o f the carrier a t its -bption to s e ll' the property under such,, circumstances and in such manner as m ay be authorized b y law. (e ) T h e proceeds o f an y sale made ufidfer th is section shall be applied b y the carrier to the paym ent o f freight, demurrage, storage, and a n y, other lawful charges and th e expense o f notice7_adver-tisenient,' sale, and Other necessary expense and o f caring fo r and-maintaining the property; i f proper care o f the smne requires special expense, and should there he a balance it shall b e paid to the owner o f the property Sold h^eurider. , - -r ( - ( 0 P roperty destined to or djaken from a station, wharf, or landing a t which there is n o regularly appointed freight agent shall -be entirely a t risk o f owner after unloaded fro m cars or vessels o f ' until loaded in to cars or vessels, and, except in case o f carrier’ s negligence, when received from or delivered to such stations, wharves, or landings shall be a t owner’s risk until the cars are attached to and after, they are detached from locom otive or train or until loaded into and a fter unloaded from vessels. Sec. 5. N o carrier hereunder w ill carry or b e liable ip an y w a y 'fo r an y documents, specie, or fo r any articles o f extraordinary value n ot specifically rated to the published classifications or tariffs unless a special agreement t o d o so and a stipulated value o f th'e articles arc-indorsed hereon; • , ... | 1 / . ••• • . ?< . - . . —. Sec. 6. E v e ry party* whether- principal or ageqfc, Shipping exjaosiv.es o r dangerous goods, without previous full, w ritten disclosure to the parrier o/ their nature, shall be, liable fo r and indemnify the carrier against all loss, or damage caused b y such goods, -and •such’ gcrodsmay b e warehoused a t owner’s risk and expenie^ or destroyed irftnduk compensation. Sec. 7. T h e owner or consignee shall pay th e freight and average, i f any* and all other lawful charges accru bg on said property* but;, except in:'those/instances where fr m a y law fully be authorized* to d o Bo, no carrier b y railroad shall deliver orjeltoqu ish possession at; destination o f the property covered b y this b ill o f lading until a ll tariff rates and charges thereon h ave been paid. T h e consignor shall be liable fo r the freigh t and all other la w fu l charges, except that i f the consignor stipulates, b y signature, in' the space provided fo r that purpose 9n the face o f this bill o f lading that th e carrier shall 'n ot m ake delivery w ithout requiring paym ent o f such charges and the carrier, contrary t o such stipulation, shall make d elivery without requiring such payment, th e consignor (except as hereinafter pro­v id ed ) shall not be liable fo r such charges. Provided, that, where the carrier has jbeeh instructed b y thfe shipper Or consignor to; deliver said propertyj to .a consignee! other than theshipper or consignor, such consignee shall n ot be legally liable for transportation charges t o respect o f the transportation o f said property (beyond th osebilled figainst him a t 'th e tim e o f,d el| v^ y Ifca- which he is otherwise liabi^i-which m ay b e found t o be due after the property has bemi delivered to him, I f the consignee (a ) is a n agent 'only and has no beneficial title in said property,, and (b ) prior t o delivery o f said property has; notified thed e liverin g carrier to w riting o f the fa ct o f such agency and absence o f beneficial title, and, in th e c a s e 'b f a shipment reconsigned or diverted to a point other than that specified to the origi­n a l bill o f lading, has also notified the delivering carrier in w riting o f th e name and a d d r^ s o f the beneficial owner o f said property; and, to such cases th e shipper.*orconsignor, or, to the case o f a shipment so reconsighed or diverted, th e beneficial owner, shall b e liable for such additional charges. I f the consigneeb a s g iven to the carrier erroneous information as to who; the beneficial owner is, such consignee' shall himself be liable fo r sUch additional charges. On shipments reconrigned or diverted b y an agent who has furnishedrthe carrier to th e reconsignment or diversion order -srith a notice o f agency and the proper nam ejl and address o f the beneficial owner, and Where such shipmeiils are refused or abandoned a t ultimate destination, the said beneficial owner shall be liable fo r all legally applicable chaTges iii connection therewith. I f thu | recohsignor or diverter has given to the carrier erroneous information as to'who the beneficial owner is, such reconsighor or diverter shall himself be liable f o r a ll such charges. I f a shipper or consigner o f a shipment o f prop ertyloth er than a, prepaid shipment) is also' the consignee named in the bill o f lading and, prior to the tim e o f delivery, notifies, in writifig, a delivering carrier b y railr.oad (a) to deliver such property a| destination to another party, (b): that such p arty is th§ beneficial owner o f such property, and (c ) that delivery is to he made to such p arty only upon payment o f ml transpor­tation charges in respect o f the transportation o f such property, and delivery is made^by the carrier to such party without such payment, such shipper o r consignor shall n o t be liable (as shipper, consignor, consignee,v or otherwise) f o r suck transportation charges b u tth e p a r ty to whom delivery is so made shal|in any event be liable for transportation charges billed against the; property at the time o f such delivery, and also fo r any/, additional charges which may be found to be due after delivery o f the property, except that i f such p arty prior to such d d iven r has notified in writing th e delivering carrier that he is n ot the beneficial owner o f the pro-^’ perty, and has given in writing to such delivering carrier the name and address.of such benefiraal owner, such party shalf hqt be liable for aiiy additional chatfges which m ay be found to be due after delivery o f the pro- -' perty; but if the party to whoin delivery is made has given to the carrier erroneous irffon n ation asto the beneficial owner, such party shall nevertheless be liable for such additional charges. I f the shipper or consignor haa given to the delivering carrier erfoneous.informafioh as to who the beneficial owner is, such shipper or consignokShau Himself be liable fo r such transportation charges, notwithstanding the foregoing provisions of this paragraph and irrespective o f an y provisions to the contrary in the bill o f lading or in the contract^ o f transportation under which^ the shipment was made. T h e term "delivering carrier” means the fine-haul car-4: rie'r malring ultimate delivety.' . ... : ^ { Nothing herein shall lim it the right o f the carrier to require a t tim e o f shipment the prepayment or guarantee o f the efiarges. I f upon^nspectioh it is ascertained that the articles shipped-are n o t those described in this bill o f lading, the freight charges must be paid upon the articles actually shipped. • ^ ,|Itoere delivery is made p y a common carrier b y w ater thefforegoing provisions o f this section shall apply, except ,as m ay be inconastent with P a rt l l l o f th e Interstate Commerce A ct. Sec. 8. I f this bill o f lading is issued on the order o f the. smpper, or his agent, in exchange or in tobstitution/feir:another bill o f lading, the shtojper’eagfiatu re to the prior bill o f lading as to the statement of-value o r otherwise, or election o f common law. or bill o f lading liability, in or in connection with such prior bill o f lading, shell be considered a part o f this bill, o f lading as fully as i f the same were w ritten or made in or to ’ connection w ith this bill o f lading. Sec.' 9.; (a ) ' I f all or any p art o f said property is carried b y w ater over an y part o f said route, and loss, damage or injury to said property occurs while the same is in the custody o f a carrier by-water the lia b ility - o f suchpariier shall be deternfined b y tlie bill o f lading o f the carrier b y w;ator (this bill o f lading being such bill o f lading if the property is transported by. such water carrier thereunder) and b y and under the laws and 0* regulations applicable to tra n ^ o rta tio n b y water. Such water carriage shall be performed subject to all the terms and provisions of, and all .the exemptions from liability contained in the A c t o f the Congress o f the' United States, approved on February. 13, 1893,. and entitled “ A n act relating to the navigation o f vessels, etc.,” and o f other , statutes of. the United States according carriers b y . water the protection o f limited liability, as well as the following subdivisions o f this section; and to the. cbnditibns contained to this b ill o f lading not inconsistent with this section* when this bill o f lading becomes the bill o f lading o ft h e carrier by-water. - . (b ) N o such carrier b y w ater shall be liable fo r any loss pr damage resulting from any fire happening to or on board the vessel, or from explosion, bursting o f boilers or breakage o f shafts, unless caused by the design or neglect o f such^ carrier, S } (c ) I f th e owner shall h ave exercised due dihgehee t o m aktog tlmjgessel to all respects seaworthy and properly manned, equipped, and supplied, no such carrier shall b e liable for any loss or damage resulting from the perils o f the lakes, seas, or other waters, or from-iatont defects to hull, machinery, or appurtenances whether existing prior to, a t the tim e of, or a fter sailing, or-from coUision, stranding, or other aceidents o f navigation, or from prolongation o f the v o ya ge.* And, Wjien for atiy,vreaspn it is necessary, an y vessel carrying any or all o f thd property herein described shall be a t lib erty to call at any port or ports, to or out o f the customary route, to to w and be towed,’ to transfer, traps-ship, or lighter, t o load and discharge goods a t any time, t o assist vessels to distress, to d eviate for the pur­pose of,sa vin g life or property, and fo r docking and repairs. .E xcep t to case o f negligence such carrier s h a ll not be responsible for any loss or damage to property i f It b e necessary, or is usual to carry the same' upon deck. (d ) General A verage shall b e payable according to the York-Antw erp Rules o f 1924, Sections I t o 15, inclusive, and Sections 17 to 22, inclusive, and as to matters, not covered thereby according to the laws and usagesj>f the F o rt o f N ew Y ork . I f th e owners shall h ave exercised due diligence to make th e vessel to all respects seaworthy and properly manned, equipped and supplied,, it is hereby, agreed that in Case o f danger, damage or disaster resulting from faults or- ^errors to navigation, or to the management o f the vessel, or from any latent or other defecte to the, vessel, her machinery or appurte­nances, or from unseaworthiness, whether^ existing a t the tim e o f Shipment or a t the beginning o f the voyage (provided the latent or other defects or the unseaworthiness 'w as not discoverable b y the ex­ercise o f due diligence), the shippers, consignees and/or owners o f the cargo shall nevertheless p a y salvage and any special charges incurred to respect o f the cargo, and shah contribute w ith the shipowner in general average to the paym ent o f any sacrifices, losses o r expenses o f a general average nature that m ay b e m ade or incurred fo r the common benefit or to relieve th e adventure from any common peril. ( e ) I f the property is bemg carried under a tariff which provides th at any carrier or carriers p a rty thereto shall b e liable fo r loss from perils o f the sea, then hs to such carrier or carriers the; provisions o f this i section shall b e m odified in accordance w ith the tariff provisions, which shall.be regarded as incorporated into the conditions o f this b ill o f lading. ( f ) T h e term "w a ter carnage” in this section shall n ot be construed as including lighterage to o r across< rivers, harbors, or lakes, when performed b y or; on behalf o f rail carriers; Sec. 11. A n y alteration, addition, or erasure t o ih is bill o f lading which shall be made without the special notation hereon o f the agent o f the carrier issuing this bill o f lading, shall b e w ithout effect, and this bill o f lading shall' be enforceable according to its original tenor. C O N T R A C T T E R M S A N D C O N D IT IO N S / ' j B p f ig (R evised J u n e 1 5 ,19A1) * * . *