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Sec. 1 (a) The carrier or pony in possession of any of
<br />the property herein described shall he liable as at common
<br />raw for any toss thereof or damage thereto, except as herein-
<br />• after pro 1ed:: .. , _... -"-
<br />(b) No carrier or party in possession •of all or any of.
<br />-- the pmpeny herein described shall he liable-for-any loss - thereof -or'•
<br />damage Radom or delay caused by the Act of
<br />God, 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 ,hall he -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 />fatly on file (such free time to be computed as therein pro-
<br />vided) after notice of the arrival of the property at destina-
<br />tion or at the port of export (if intended for capon) has been duly sera
<br />or given, and after placement of the oroperly for
<br />tklivery ai destination. or tender of delivery of the property
<br />to the party entitled to receive it. has been made- Except in
<br />.. _,.case of negligence of the carrier or pinny in. yossession (and
<br />the burden to prove freedom from such neghgenco, shall 'be-.
<br />on the Carrier or pang in possession), the carrier or party jn
<br />possession shall not be liable for loss, damage, or delay oc-
<br />curring while the property is stopped and Iw(d no 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 />Meteor No Carrier shalr he liable. except in the case eif
<br />negligence for any mistake or tuaccunicy in any information
<br />furnished by (he carrier, its agents, or officers, as to quar-
<br />anline lows or regulations. The shipper shall hold the
<br />carriers harmless from any expense they may incur or dam-
<br />ages they may be required t0 pay. by reason of the intnduc-
<br />non of the property covered -hy this contract into any place
<br />against the qunrantmc laws or regulations in effect at such
<br />Pint.
<br />(dl Unless caused by the negligence of the carrier 01
<br />its employees, nor carrier shall he Kahle for or on account of
<br />any injury or death sustained by livestock occasioned by any.
<br />01 the following oc
<br />llowing causes: Overloading, crowding one upon
<br />another. escapp�rrig - from_ trucks; pens, r vessels. kicking or
<br />goring or otherwise injuring themse Of each other; suf-
<br />focation, fright Or fire caused by the shipper or the shipper's
<br />agent, heat or' cols!. changes in weather or delay caused by
<br />stress or weather_ or damage to or obstruction of roads or
<br />other causes beyond the carrier s control. --
<br />Sec. 2 (a) No carrier js hound to transport : said
<br />property by any particular schedule, vehicle, or m tune for
<br />any particular marker or 'otherwise than with reasonable firs-
<br />.. pa(ch....Evcry currier shall have duo. right in. case of.physical-
<br />necessity to forward said properly by any carrier or 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 hy the shipper
<br />or has been agreed upon m writing as the released value of
<br />the property as determined by the assjfication or tariffs
<br />upon which the rate js based, -i d
<br />such tower value phis freight
<br />charges if paid sh all be the maximum r um to be rccoyered,
<br />whether or not such loss co damage occurs m negligence-
<br />CONTRACT TERMS AND CONDITIONS
<br />(b) As o condition recedent to recovery, chinos must
<br />be filet) in writing with the receiving or delivering carrier,
<br />00 carrier issuing this bill of lading,_ or - garner on . w r - h0.se.
<br />bins the -loss, damage ; - damage, or - delay- Occuir'ed or• carriels
<br />M possession of the 'drlperty ":when the coos, damage, -injury
<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) or in cast of a (allure to
<br />make delivery, then within nine months 'after a reasonable
<br />time for delivery has elapsed; and ' °s hall 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 career to
<br />the claimant that the carrier has disallowed the claim or any
<br />part or pans thereof-specified in the notice.. Where claims -
<br />are not tied or suite are not nrstituted thereon in accordance
<br />with the foregoing provisions, no carrier hereunder shall be
<br />liable and such claims wilt not be paid.
<br />(c) Any carrier 0r party liable on 00000111' of loss of or
<br />damage to any of said property shall have - the -dull benefit •
<br />of any insurance that, may have been ,effected, upon or on
<br />account of said properly so far 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 (01 Property not removed by the parts entitled
<br />within the free time (if any) allowed . by tariffs,
<br />'file (such free time to he computed as therein
<br />er notice of the arrival of the property at des -
<br />1 the port of export (if intended fore export) has
<br />eat or green and after placement of the property
<br />al destination has been made. or property not
<br />time tender 'of - delivery of the property to the
<br />1 10 receive it has been made may be kept in
<br />'c, car. depot, warehouse or place of business of
<br />subject . m the tariff charge for storage and 10
<br />aonsibility as warehouseman, only or at the _
<br />ciiriee may be kllllved 16 arid ti
<br />; warehouse et _tl),,, point 'of,' dekiy
<br />ela th:.pther:
<br />n or if no such - 'warehouse is availab7e at point
<br />rt al other available point then in other available
<br />it) at the cost of the owner and there held
<br />lire on the pan - of the carrier: and- subject to a -
<br />freight and other lawful charges, including a
<br />large for storage. In the. even) consignee cannot
<br />address given. for delivery. Alen' itt., that event.
<br />s placing of such goods in warehouse shall he
<br />address given for delivery and mailed to Any
<br />given on the bill of fading for notification,
<br />_.e warehouse in. which such' property has been
<br />placed,` subject to the provisions of this paragraph.
<br />)h( Where nonperishable property which has been trans-
<br />ported to destination hereunder is refused by, consignee or
<br />the party entitled to receive 11 upon tender of delivery, or said
<br />consignee. or party entitled to receive it fails to receive or
<br />claim it within I5 days after notice of arrival shall have been
<br />duly sent or given the carrier -may sell - the same- at public
<br />aucijon 10 the Itighcst bidder, at such place as may be desig-
<br />noted by the carrier:
<br />PROVIDED.-_ That- the carrier shall hare. first- mailed,
<br />sent, or given to the consignor notice thin the property has
<br />been refused or remains unclaimed, as the case may he and
<br />that it will be subject to sale under the terns of the bill of
<br />tadiog if °dispooltiox` be not arranged "for: "'and"3h'al)` have
<br />published notice containing a description of the; property,
<br />the name of the pans' to whom consigned, or , if shipped order
<br />notify the name of the party to he notified, and the time
<br />and place of sale once a week for two successive weeks, in a
<br />newspaper of genera) Circulation at the place- - -of -- -sale- or
<br />nearest place where such newspaper is published. PRO-
<br />VIDED, That 30 days shall have elapsed before publication of
<br />notice of sale after said notice that the property was refused
<br />or remains unclaimed was mailed, sent or given. • - ' ' -
<br />(c) Where perishable property which has been 'trans-
<br />ported hereunder to deshnauon is refused by consignee or
<br />party entitled to receive it, or said consignee or party en-
<br />mkt to receive it shall fail to receive it promptly, the
<br />carrier may in its discretion to prevent delerioratlon, -or
<br />further deteriorations, sell . the saute to the best advantage
<br />a or public saki' 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 11 and request for
<br />disposition of the properly, such notification shall be given,
<br />•
<br />in such manner as the exercise of due diligence requires
<br />'
<br />before the property is sold. - i
<br />(d) Where the procedure . provided for in the two satire, - ' gra hs last not . possible;' it 'is agreed Char'
<br />nothing contained • in • said paragraphs _shall 'be. consleed to
<br />abridge the' - of' the ^option_ to sell the
<br />pmpeny under suih circumstances, pod in such manner .,as
<br />may be authorized by law. - - - - t ,
<br />(e)1 The proceeds of any proceeds - finder this seelian
<br />shall be applied' by the - Carrier " td - the'pfly'ment of freight'
<br />demurrage, storage, and any other lawful charges and the
<br />expense of nonce, advenrsement, sale and other nece)1ffry"
<br />expense and of caring for and maintaining the property, if
<br />proper care of same requires special expense, and should
<br />there be a balance it shall he paid to the owner of the prop-
<br />ene sold hereunder,
<br />(f) 'Property destined to or taken from a station, wharf,
<br />landing ter other place at which there is no regtdarty ap weed
<br />agent.- shall he entirely at risk of owner; after unloar from ---
<br />vehicles or until loaded into vehicle-snood, except in case of
<br />carrier's negligence. when received' Trot , or delivered to such
<br />stations, wharfs, landings, ea other places, shall be at owner's '
<br />TO: omit such trailers or semi - traders are attached to and
<br />after they are detached from power units. Where a carrier
<br />is directed to unload _or deliver property traaspnned 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 />deliver/. shall 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 disclosure - to the carrier of their nature, shall be li-
<br />able for and indemnify Ue carrier a''ainot all loss or damage
<br />caused by such goods, and such gmrds- may be warehoused at
<br />owner's risk and expense or destroyed without comfeensation.
<br />Sec. 5 The owner or consignee shall pay' the . freight and
<br />average, if any, 'anti all - ollier lawful 'acCromg on said
<br />ap
<br />1011) be authorized do 00. use (earner s �}'t hall: deliver o relin-
<br />quis 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 'he liable for - the freight ' and
<br />all other lawful charges, except that if the consignor stipulates,
<br />by signature, in the space provpled for that purpose on the
<br />face of this bill_.of lading that the- carrier shalt ant make de-
<br />livery without squiring payment of such charges and the
<br />carrier, contrary to such stipulation shall make delivery wilh-
<br />out requiring payment. the consignor (except as herein-
<br />after provided) shall - not - he liable for such 'charges. PRO-
<br />VIDED, That. where the carrier has been instructed by the
<br />shipper or consignor to deliver said property to a consignee
<br />other Than _the. shipper or consignor, such consignee shall not
<br />be legally liable for transportation charges in respect of the
<br />transportation of said property (beyond those billed against
<br />him at the time of delivery for which he is otherwise liable)
<br />which may be found to be due after the property has been
<br />delivered to him, if the consignee (a) is an agent only and
<br />has no beneficial title in said property. and (h) prior to de-
<br />livery of said properly has notified the delivering carrier in
<br />writing of the fact of such agency and absence of beneficial
<br />tide, and, in the case Of a shipment reconsigned or diverted
<br />to a point other than that specified, in the original . bill of
<br />lading, also' notified "the; delivertng' ct(rrier m writing - bf
<br />the name rind 'address of. the beneficial owner of said prop-
<br />erty; and, in such cases the shipper or consignor, or, jn the
<br />cast of a shipment so consigned or diverted, the beneficial
<br />owner shall he liable for such additional charges. If the con-
<br />signee hay-given to the carrier erroneous information as to -who
<br />the (enencrar owner is, such consignee shall himself be liable
<br />for such 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
<br />10 ascertain that the articles - shipped are hot those de-
<br />scribed in this bill of lading, the freight charges must be
<br />paid upon the articles actually damped. ,
<br />Sec. 6 If this bill of lading is issued on the order of
<br />the shipper or his agent in exchange. ,or io substitution for
<br />another ill of Indingg,� llle shippers signature to the prior
<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 pan of this bit of lading as fully as ff the sonic were wlit-
<br />ten or made to or is connection with dos bill of lading.; - - .
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