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Sec. 1 (a) The carrier or arty in possession of any of
<br />the property h erein described shall be liable as at common
<br />law for any loss thereof or damage )hereto, except, 00 herein-
<br />- .. -._
<br />(n ) No carrier or party in possession all or any of,
<br />— the property herein described-shall' be liable-fur any loss-thereof -or - -
<br />damage ,llieieto or delay caused by the Act of
<br />Cod, the public enemy, the authority of law, or the act or
<br />default of the shipper or owner, or for natural shrinkage..
<br />• The carrier's liability -shall be - that of warehouseman, 'only,'
<br />for loss, damage, or delay caused by fire occurring after the
<br />expiration of the free time (if any allowed by tariffs law-
<br />fully on file (such free time to be computed as therein pro-
<br />vided) •after notice of -the - arrival of the' property at - destmo- -
<br />Lion or at the port of export (if intended for export) Ras been duly sent
<br />or given, and after placement of the property for
<br />delivery at destination, or tender of delivery of the property
<br />to the party entitled to receive it, has been made. Except to
<br />--case .of . negligence _of the. carrier -or .panyAn-possession (and- -
<br />the bgrden.,l0 prove freedom � frorn such negligence,, shalt. be
<br />on the 'Cartier "or party in possession), the earner or party in
<br />possession shall not be liable for loss, damage, or delay o•
<br />curnngwhile the property is stopped and held m transit upon
<br />KANSAS DEPARTMENT OF AGRICULTURE
<br />Plant Protection & Weed Control
<br />(785) 862-2180
<br />NORTH AMERICAN WEED FREE FORAGE
<br />CERTIFICATION PROGRAM
<br />THIS FORAGE/MULCH PRODUCT IS CERTIFIED TO
<br />THE NORTH AMERICAN STANDARDS
<br />No, 082462
<br />'thereof- No carrier shall be liable, except in the case nl'
<br />negligence for any mistake or inaccuracy to any information
<br />furnished by the carrier, its agents,. or officers, as to quar-
<br />antine laws or regulations. The shipper shall hold the
<br />carriers harmless from any expense they may incur or dam-
<br />ages they may be required to pay, by reason of the intruduc-
<br />uoo- of the property- covered •by -this contract into any place
<br />against the quarantine laws or regutuuo its in effect at such
<br />pace.
<br />(d) Unless caused by the negligence ,- of_the carrier or
<br />its employees. nor carrier shall be liable for or on account of
<br />any injury or death sustained by livestock occasioned by any
<br />of the following muses: Overloading, crowding one upon
<br />- 'another, escaping ; froth trucks; - pens, or -- vessels,` kicking' or
<br />goring or oterwise injuring themselves or each other, suf-
<br />tucation, fright or tire caused by the shipper or the shipper's
<br />agent, heat or cold changes in weather or delay caused by
<br />stress -.or. weatherer .. damage to or obstruction - of roads or
<br />other causes beyond the carrier s control + -
<br />Sec. 2 (a). No carrier is bound to transport • said
<br />property . by any particular schedule, - vehicle, or in time for
<br />any particular market or. Than with reasonable: do-
<br />..patch. -Every carrier shall -have •the -right in , case- of-- physical
<br />necessity to forward said property by any carrier. -pr route
<br />between the point of shipment and the point of destination.
<br />In all -cases not prohibited by law. where a lower value than
<br />actual value has been represented in writing by the shipper
<br />or has been Agreed upon in writing s the released value of
<br />the property as determined by three classification or tariffs
<br />upon which the rate is based, such lower value plus freight
<br />charges if paid shall be the maximum amount to be recovered,
<br />whether or 004 such loss or damage occurs from negligence.
<br />CONTRACT TERMS AND CONDITIONS
<br />b) As a condition precedent to recovery. claims must
<br />be filed in writing with the receiving or delivering carrier,
<br />or currier- issuing this _bill of- .ipding, or terrier on whose
<br />- line the loss; damage, injury ^or 'delay-occurred. or
<br />in possess400 of "the properly the loss, damagd,`rtnjuty
<br />or delay occurred -within nine- months after delivery of the
<br />property (or in the case of export traffic. within nine months
<br />after delivery • at port of export)' lote in case of a failure to
<br />make delivery then within nine months 'after a reasonable
<br />time for delivery' has afloat suits `shall be Instituted
<br />against any carrier only within two years and one day from
<br />the day when notice in writing is given by the carrier to
<br />the claimant that the carrier has disallowed the claim or any
<br />part or pans thereof specified - in the notice. Where clainis -
<br />are not tiled or suits are not instituted thereon in accordance
<br />with the foregoing provisions, no carrier hereunder shall be
<br />liable and such claims will not be paid.
<br />(c) Any carrier or party liable on account of loss of or
<br />- damage to any -of • said pro ceny -shall have- the - full benefit
<br />of any insurance- than _nay haye been effected, upon or opt
<br />account of said property, so tar as this shall not avoid the
<br />policies or contracts of insurance: PROVIDED, That the
<br />carrier reimburse the claimant for the premium paid thereon.
<br />3 (a Property not removed by the party entitled
<br />within the free time (if. an allowed by tariffs,
<br />T ile - (such free lime o be computed as therein
<br />br notice of the arrival of the property at des -
<br />1 the pun of expon (if intended for export) has
<br />a nt or given and after placement of the property
<br />at destination has been made, or property not
<br />lime tender of delivery of - the property to the
<br />I to receive it has been made may be kept in
<br />e, car, depot, warehouse or place of business of
<br />subject to the tarot charge for 'atone and to
<br />pons.biluy as warehouseman, only or at the
<br />e c?lrnc'l," "may be "rcitloved to aiid 'Tpre'd.
<br />nosed warehouse; titi-itie, pojet oP, _del�y#rY., r'othyr
<br />if, o if no such warehouse i5 :Ivan abllc at point
<br />s at other available point then in other available
<br />ity at the cost of the owner and there held
<br />ety on the pan of the carrier, and subject to a -
<br />Ireight and other lawful charges, including a
<br />large for storage. In the event consignee cannot
<br />, address given for delivery. ..then in that event,
<br />placing of such goods m warehouse shall be
<br />address given for delivery, and mailed o any
<br />s given on the bill of lading for notification,
<br />..,e warehouse in which suclr eproperty has been
<br />placed. subject to the provisions of this paragraph.
<br />(b) Where nonperishable property which has been trams-
<br />- forted to - destination hereunder, _its _refused by consignee or
<br />the party entnted to receive it upon tender of delivery, or said
<br />consignee or, party entitled to receive it fails to receive or
<br />claim a widen I5' days after notice of arrival shall have been
<br />-duly sent or given the carrier -may sell- the same at public
<br />auction m the highest bidder, an such place as nay be desig-
<br />nated by the carrier:
<br />PROVIDED: That the carrier shall have first,. nailed,
<br />sent, or given to the consignor notice that the properly has
<br />been refused or remains unclaimed as the case may be and
<br />that it will be subject to sale under the terms of the bill of
<br />lading - if -- disposition' be not arranged - for, 'and' - shall have
<br />published notice containing a description of the property,
<br />the mane of the pan to whom consigned, or , if shipped order
<br />notify the name of y the party to be notified, and the time
<br />and place of sale once a week for two successive weeks, in a
<br />newspaper -of general circulation at the- place; of sale or
<br />nearest place where such newspaper is published. PRO-
<br />VIDED, Tien 30 days shall have elapsed before publication of
<br />notice of sale after said notice that the propene was refused
<br />or remains unclaimed was mailed, sent or given. -
<br />(c) Where perishable property which has been trans-
<br />ported hereunder to destination hs refused by consignee or
<br />party entitled to receive it, or said consignee or party en-
<br />titled to receive it shall fail to receive it promptly, the
<br />carrier may in its discretion. prevent _deterioration sir
<br />further deteriorations, sell ihe.-.samc to the best advantage
<br />at private or public sale: ' PROVIDED. That if time serves
<br />for notification to the consignor or owner of the refusal
<br />of the property or the failure to receive it and request for
<br />disposition of the property, such notification shall be given.
<br />M such manner as the exercise of due diligence requires,
<br />before the property is sold.
<br />(d) Where the procedure .provided for in the two planc
<br />graphs last 'preceding is not possible, it is agreed - that -
<br />nothing contained • in said paragraphs shall 'be: construed to
<br />abridge the - right of the carrier at its - option io sell the -
<br />property under such circumstances. and in such manner as
<br />may be authorized bylaw. le) t -
<br />(e The proceeds of any sale -made under this' section
<br />shall be applied' by the "carrier to the payment' of freight: --
<br />demurrage, storage, and any other lawful charges and the
<br />expense of notice, advertisement. sale and other necessary
<br />expense and of caring for and maintaining the property, of
<br />proper care of same requires special expense, and should
<br />there be a balance it shall be paid to the owner of the prop-
<br />erty sold hereunder.
<br />(f) Property destined to or taken from a station, wharf,
<br />landing or otter place at which there is no regularly appointed
<br />• agent shall be entirely at risk of owner, after unloaded from --
<br />vehicles or until loaded into vehicles .and, except on case of
<br />- carrier's negligence, when received from or delivered to such
<br />stations, what's, landings. or otter places, shall b: at owner's
<br />rusk until such trailers or semi Traders are alluched to and
<br />after they arc detached from power units. Where a carrier
<br />is directed to unload or deliver property transported by motor -
<br />vehicle at a particular location where consignee or consignee's
<br />agent is not regularly located the risk after unloading, of
<br />delivery, shalt be that of the owner.
<br />Sec, 4 Every party, whether principal or agent, ship -
<br />ing explosives or dangerous goods, without previous., full
<br />written disctusure to the carrier of their nature, 'shell be li-
<br />able for and indemnify the carrier aggainst all loss or damage
<br />caused by such goods,. and such goals. may be warehoused at
<br />owner's nsk and expense or destroyed without compensation,
<br />Sec. S The owner or consignee sliall . pay• the freight and "
<br />average, if any, and all other lawful c harges accruing on said
<br />- .property: but. except in .those assunces. wycre it may maws.
<br />fully ee authorized ro do so, no carrier shalt, deliver or rchn-
<br />qutsh possession at destination of the property covered by this
<br />bill of lading until all tariff rates and charges thereon have
<br />been paid. The consignor shall be liable fur the freight and
<br />all other lawful charges, except that if the consignor stipulates,
<br />by signature, in the space provided for that. purpose on the
<br />face of des bill .of lading Ih01 the carrier shall not make
<br />livery without requiring payment of such charges and the
<br />carrier, contrary to such stipulation shall make delivery with-
<br />. out requiring payment, the consignor (except as herein-
<br />- after provided) shat) not be liable for such charges. PRO-
<br />VIDEO, Thal, where the carrier has been instructed by the
<br />shipper or consignor to deliver said property to a consignee
<br />..other that _the _shipper or consignor, such consignee. stall not
<br />be legally liable for transportation hares in respect of the
<br />transportation of said properly (beyond those billed against
<br />him at the time of delivery for which he is .otherwise liable)
<br />- which may be found to be clue after property has been
<br />delivered to hen, if the consignee (a) et all agent only and
<br />has no beneficial title in said properly, and (b) prior to de-
<br />Retry of said - property has notified the delivering carrier in
<br />writing of the fact of such agency and absence of beneficial
<br />title, and, in the case of a shipment reconsigned or diverted
<br />to a point other than that specified _ in the original bill of
<br />'tading,"has also notified 'the delivering earner in writing - of
<br />the' name and address of the beneficial owner of suid prop-
<br />erty: and, in such cases the shipper or consignor, or, in the
<br />case of a shipment so consigned or diverted, the beneficial
<br />owner shall be liable for such additional charges. If the con-
<br />signee has given to the carrier erroneous information as to. who
<br />the beacnciui owner is, such consignee shall himself be liable
<br />for sash additional charges Nothing herein shall limit the
<br />right of the carrier to require at lime of shipment the pre-
<br />payment or guarantee of 'the charges. If upon - inspection it
<br />s ascer(ained that the articles. -slipped are not those • de -
<br />scribed in this bill of lading, the freight charges must' be
<br />paid upon the articles actually shipped.
<br />Sec. 6 If this bill of lading is issued on the order of
<br />Ilse shipper, or his agent. -in exchange or in substitution „for
<br />another bilk of lading, ' the shipper's signature to the prier
<br />bill of lading as to the statement of value or otherwise, or
<br />election of common law or bill of lading liability, in or in
<br />connection with such prior bill of lading, shall be considered
<br />a part of this bill of lading as fully as T the sane were writ-
<br />tenor made In or in connection *jilt this bill of lading. •
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