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Download PDF for FS-FSA_A.01_06.5.2.1910.08.04.14 (project ID 52090)
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CONDITIONS. With respect to the service it is stipulated and agreed that: If there is reason to believe that there may be unusual delay to any fr overland, by storms, snow or other causes, then the carriers, under this Bill of Lading, shall have the option to transport such freight to its Ancon or Panama, on Steamer or Steamers of the Pacific Mail Steamship Company, with the privileges and under the conditions and exceptions The several Freight and Primages to be considered as earned, Steamer or goods lost or not lost, at any stage of the entire transit. The Pac hip Company and/or Toyo Kisen Kaisha, on the happening of any of the above excepted contingencies, is to have the right forward the a ckages to the Port of SAN FRANCISCO, (or to the port of destination in the event of being forwarded via Panama) by other conveyances, eit those of strangers, at the option of the Pacific Mail Steamship Company and/or Toyo Kisen Kaisha, and shall receive extra compensation for s ther performed by their own vessels or those of strangers; and in case of salvage services rendered to the aforesaid Goods or Merchandise during the voy ; essel or vessels of the Pacific Mail Steamship Company and/or Toyo Kisen Kaisha, such salvage services shall be paid for as fully as if such salving vessel sels belonged to strangers. GENERAL AVERAGE, if any, when happening to a steamer of the Pacific Mail Steamship Company to be adjusted according to the of the United States; when happening to a steamer of the Toyo Kisen Kaisha according to York-Antwerp rules. hould the Southern Pacific Company deem it expedient to forward goods shipped under this Bill of Lading and destined for cities east of Chicago by the et Route," via New Orleans, they shall have the privilege of so doing, the Southern Pacific Company assuming the marine risks between New Orleans ew York. he above merchandise shall be received by the consignee and removed from the Station, during business hours, on the day of its arrival at the place of ation herein named, or the same will be stored at the expense and risk of the owner, shippers or consignee; and in the event of its destruction or ge from any cause while in the depot, it is agreed that neither of said Companies shall be liable to pay any damage therefor. n no event shall said Companies be liable for damages to any article unless the claim therefor shall be presented at their respective offices, either in the of San Francisco, or in the City of New York, within ten days after the delivery of such articles to the consignee, nor shall said Companies be made for the loss of any article, package, or goods, unless claim therefor shall be presented in writing, at either one of their said offices, within ninety days the issuance of this Bill of Lading; and if such claim, whatever the same may be, shall not be presented as aforesaid, at the place and within the above stated, the said claim shall be deemed to be waived, and no action shall be thereafter maintained thereon; and in all cases of loss of or damage e whole or any portion of the said goods, the amount of the claim shall be restricted to the cash value of the goods at the original point of shipment e time of shipment. In case of loss of or damage to any of the goods named in this Bill of Lading for which said Companies respectively may and shall able, it is expressly hereby understood and agreed that the Companies may and shall have the benefit of any insurance effected by or upon account of hipper, consignor, consignee, or owner of said goods, anything in the policies of insurance to the contrary notwithstanding. Should it be found, on the cargo being discharged, that goods have been landed without marks or with marks differing from those on the Bill of Lading, th marks and numbers not distinguishable, the same shall be apportioned to the different lots, and consignees shall conform to allotment. And it is further stipulated and agreed, that vessels are warranted seaworthy only so far as due care in the appointment or selection of Agents, Super snts , Pilots, Masters, Officers, Engineers and Crew can secure it; and the Companies mentioned in this Bill of Lading will not be liable for loss, detention amage arising directly or indirectly from latent defects in boilers, machinery, or any part of the vessel, provided all reasonable measures have been taken cure efficiency. The said Pacific Mail Steamship Company and/or Toyo Kisen Kaisha, are hereby expressly granted the right and option of delivering the merchandise esented by this Bill of Lading to consignee from alongside or of landing and storing said merchandise, either in lighters, hulks, on wharf, or in warehouse ediately upon the arrival of said Steamer at the port of discharge of said merchandise, without notice to and at the expense of consignee; and in the event landing and storing said merchandise, said Companies are thereupon hereby released from all further liability, for loss or damage thereafter, whether a[[?]]ing fire or from any other cause. ALL LIGHTERAGE, from steamer to steamer and/or between steamer and shore, of goods named in this Bill of Lading, will be at risk of owner, shipper consignee. In case of quarantine the goods may be discharged into the quarantine depot, hulk or other vessel, as required for the ship's dispatch. Quarantine enses upon the goods, of whatever nature or kind, shall be borne by the owners or consignees of the goods. It is expressly understood that neither the Pacific Mail Steamship Company and/or Toyo Kisen Kaisha, nor either or any of the said Railroad Companies, will be accountable for weight, leakage, breakage, insecure packages, chafings to goods in bales, nor for loss or damage from effect of climate or decay or caused by other cargo in contact, or otherwise, when properly stowed; nor for explosions of articles on freight or otherwise; nor from unavoidable accidents, detentions lay . Any of the above-mentioned Merchandise taken on deck to be at the risk of the shipper, owner or consignee. It is expressly stipulated and agreed that the Pacific Mail Steamship Company and/or Toyo Kisen Kaisha shall not be liable for destruction of or damage goods by fire while upon their vessel, or before loading thereon or after unloading the same therefrom, unless such fire is caused by the design or [[?]] of d Companies respectively. It is expressly agreed that goods named in this Bill of Lading are hereby valued at not exceeding $100 per case or package, and unless a different other value is expressly written and declared herein, the liability of the Companies therefor, in case of the total loss of all or any of the said goods, from y [[any]] cause, shall not exceed $100 per case or package, and in case of the partial loss of or damage to any of said goods, the liability of the carriers shall t [[not]] exceed such proportion thereof per case or package, as the loss or damage on each case or package shall bear to the sum of $100. It is further agreed that neither the Southern Pacific or either of said connecting Railroad Companies, will be responsible for damages arising from the ects of heat or cold, nor for loss or damage to said goods occasioned by providential causes, or by fire from any cause whatever, while in transit or at ation, or for loss of any property caused by bad or insufficient cooperage. And it is further stipulated and agreed that a delivery at the Port of San Francisco, or at Oakland Wharf, Harbor of San Francisco, of the Goods and erchandise mentioned in this Bill of Lading according to the terms thereof to the Southern Pacific Company, shall absolve the Pacific Mail Steamship Company d/or Toyo Kisen Kaisha from all claim or liability of every description, and in like manner that a delivery of the said Goods or Merchandise by either of the ailroads embraced in the route to the next connecting road, shall absolve said delivering Railway Company from all claim or liability of every description. And it is further stipulated and agreed, that each of the parties hereinbefore named shall be liable only for loss or damage occurring upon its own route; at said parties shall not be jointly liable for any loss or damage to such Goods or Merchandise, and that neither of said parties shall be liable, in any ent, for any loss or damage occurring upon the route of the other. Glass, crockery, or articles contained in glass or crockery, or castings, or any article whatever of a fragile nature taken only at risk of shipper, owner or onsignee. The said Goods or Merchandise are shipped and received subject to the conditions, stipulations and provisions hereinbefore expressed, the said companies undertaking for themselves and on behalf of the several parties hereto, to hold themselves liable to the extent only of the liabilities herein stated to be assumed by each of them respectively. That merchandise on wharf or in warehouse awaiting shipment, transshipment, or delivery be at owner's risk of loss or damage by fire, flood, and /or the giving away or falling or destruction in whole or part of the warehouse or the wharf on any structure thereon, not happening through the fault or negligence of carrier or representative. Also that if the ship is prevented by Quarantine from reaching her destination, or making due delivery of the goods, or is detained at quarantine, the goods may be forthwith, without previous notice to shipper, owner or consignee, discharged into depots, lazarettes, hulks, crafts or lighters, at the risk and expense of shipper, owner and consignee, all and any of them, and such discharge shall be deemed a full and final delivery of the goods, all risk, responsibility and expenses of the carrier therefor, as carrier, bailee or otherwise, ending as soon as the goods are delivered from the ship's tackle, and all expenses thereby or thereafter incurred, and all increased cost of such delivery shall be paid by shipper, owner and consignee, all and any of them, the carrier retaining a lien on the goods therefor; but should the vessel or goods not be admitted, or such discharge be impracticable, or so in the master's opinion, the carrier may forthwith without previous notice proceed to the nearest safe port, or at ship's option to the nearest safe port to which the ship is bound, at the risk and expense of shipper, owner and consignee, all and any of them, and there land the goods as if at the original port of discharge, at the risk and expense of shipper, owner and consignee, all and any of them, he and they paying the freight from the original port of discharge, and the carrier retaining a lien on the goods therefor and for all costs, charges and expenses incurred, and for all increased cost of delivery. If the owner shall have exercised due diligence to make the steamer in all respects seaworthy, and to have her properly manned, equipped and supplied, it is hereby agreed that, in case of danger, damage or disaster resulting from faults or errors in navigation, or in the management of the steamer, or from any latent defect in the steamer, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent defect or the unseaworthiness was not discovered by the exercise of due diligence), the consignees or owners of the cargo shall, nevertheless pay salvage, and any special charges incurred in respect to the cargo, and shall contribute with the shipowner in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred for the common benefit, or to relieve the adventure from any common peril, all with the same force and effect, and to the same extent, as if such danger, damage or disaster had not resulted from or been occasioned by faults or errors in navigation or in the management of the vessel, or any latent defect or unseaworthiness. The foregoing Bill of Lading is issued subject to the terms and conditions of the Act of Congress of the United States of America, approved February 13th, 1893, entitled: "An Act Relating to Navigation of Vessels, Bills of Lading, and to Certain Obligations, Duties and Rights in Connection with the Carriage of Property" (Acts of 52d Congress, 2d Session, page 445, Chap. 105), the provisions of which are hereby made a part hereof and are deemed to control and express the contract of the parties hereto in all cases where there may be (if there be any such cases) a difference between the expressed provisions of the Bill of Lading and the terms of said Act of Congress. And, finally, in accepting this Bill of Lading, the shipper, owner and consignee of the goods lder of the Bill of Lading, agree to be bound by all its stipulations, exceptions and conditions, whether or printed, as f if th ed by such shipper, owner, consignee or holder.
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words were cut off on the left side and there was a tear in a word or two making it hard to read ---------- Reopened for Editing 2023-05-31 10:22:31 ---------- Reopened for Editing 2023-05-31 12:12:54 ---------- Reopened for Editing 2023-06-01 07:41:08
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