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Terms and Conditions This shipment will be accepted by W. R. Keating & Company, Inc., (hereinafter called "The Company") from the owner, consignee or shipper hereinafter called "The Sender"), subject to the following terms and conditions. 1. The Company assume no liability as a carrier, and is not to be held responsible for any loss or damage to the goods to be forwarded, but undertakes only to use reasonable care in the selection of carriers, truckmen, lightermen, forwarders, agents, warehousemen and others to whom it may entrust the goods for transportation, handling and/or delivery and/or storage or otherwise. 2. The Company is authorized to select and engage carriers, truckmen, lightermen, forwarders, agents, warehousemen and others, as required to transport, store, deal with and deliver the goods, all of whom shall be considered the agents of the Sender, and the good may be entrusted to such agencies subject to all conditions as to limitation of liability for loss or damage, and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, agents, warehousemen and others. 3. The Company shall under no circumstances be liable for any loss, damage or delay to said goods, or any part thereof, occasioned by act of God, or perils or accidents of the sea or other waters, or of navigation or transportation, or by fire or explosion from any cause, or by theft or pilferage by any person whatsoever or by restraint of governors, princes, rulers or peoples, or by legal process or stoppage in transit, or by fumigation or other acts or requirements of quarantine or sanitary authorities or by epidemics, pestilence, riots or rebellions, or by war, or by any of the damages incident to a state of war, or by acts of any person or groups of persons purporting to wage war, or acting as belligerents, or by strikes or stoppage of labor, or negligence of others, by unseaworthiness of any vessel, lighter or other craft whatsoever, or resulting from the navigation thereof, whether existing at the time that the goods are placed on board, or at the beginning of the voyage; or by water, heating or effects of climate, frost, decay, smell, taint, rust, sweat, dampness, mildew, spotting, rain or spray; inherent vice, drainage, leakage, breakage, vermin, improper or insufficient packing, inaccuracies, or obliterations, errors, insufficiency or absence of marks, numbers, address or description of goods, or for breakage of any fragile articles or damage of any materials consisting of or contained in glass or other fragile substances, or for any damage to or resulting from dangerous corrosive, explosive or inflammable goods, even though the true nature thereof has been declared to the Company or for any cause whatsoever. 4. Inasmuch as carriers limit their liability for loss or damage, unless a freight rate based on valuation is made with said carriers, the Company must receive special written instructions from the Sender to pay such higher freight rate based on valuation; otherwise the valuation placed by the Sender on the goods shall be considered as solely for customs purposes, and the goods will be delivered to the carriers, subject to all limitations of liability. Such special written instructions indicating value—do not— in any manner relate to insurance, which is provided for in paragraphs No. 5 and No. 6. 5. Marine, fire, theft and other insurance will be effected upon the goods only after special written instructions have been received by the Company, in sufficient time before forwarding the goods, and the Sender at the same time states specifically the amount of insurance to be placed upon the goods, and the kind of insurance desired, insurance premium and charge of the company for arranging the same to be at the Sender's expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered by any insurance unless the Company receives written instructions from the Sender, in which event the Company will use reasonable efforts to effect the insurance desired, at the Sender's expense. Insurance when ordered by the Sender as referred to herein, is to be effected with one or more insurance companies or other underwriters to be selected by the Company, and such insurance to be governed by the certificate or policy issued and will only be effected when accepted by such insurance companies or other underwriters. 6. Instructions "to insure against all risks" will be construed to mean to insure against ordinary marine risks only, subject to the conditions of the insurance policy under which such insurance is effected. If insurance against any other risks, such as theft, pilferage, leakage, breakage, fresh water damages, ship's sweat, rust, non-delivery, contact with other cargo, or against any other risk or loss is desired by the Sender, then special written instructions must be received by the Company in sufficient time prior to forwarding to effect the same. 7. The Sender represents to and agrees with the Company that the value of the goods does not exceed the sum of $50.00 per shipment, (or the invoice value thereof, if less), and that the compensation of the Company for its services is based upon such valuation. In consideration of such compensation of the Company, the Sender agrees that the Company shall in no event be liable for any loss or damage to the goods, or for any other cause whatsoever, for any amount in excess of $50.00 per shipment (or the invoice value, if less), and any partial loss or damage for which the Company may be liable shall be adjusted pro rata on the basis of such valuation. The Sender has the option of paying a special compensation to the Company based upon a value in excess of $50.00 per shipment, in case of any loss or damage from causes which would make the Company liable, but such option can be exercised only by special written agreement made with the Company, prior to shipment, which agreement shall indicate the limit of the Company's liability and the special compensation for the particular risks by it to be assumed. 8. In no event shall the company be liable for any act, omission or default in connection with the within shipment, unless a claim therefor shall be presented to it at its office in New York within six (6) months from the date of shipment of the goods to the Company, in a statement to which sworn proof of claim shall be attached. No suit to recover for any claim or demand hereunder shall in any event be maintained against the Company unless instituted within three (3) months after the presentation of the said claim as above provided. No agent or employee of the Company shall have authority to alter or waive any of the requirements of this clause. 9. It is agreed that any claim or demand for loss, damage or delay, or any other cause, shall be only against the carrier, truckmen, lightermen, forwarders, agents, warehousemen or others in whose actual custody the goods may be at the time of such loss, damage or delay, and that the Company shall not be liable or responsible for any claim or demand from any cause whatsoever, unless in each case the damages alleged to have been suffered be proven to be caused by the negligence of the Company, its officers or employees, in which event the limitation of liability set forth in paragraph number 7 hereof shall apply. 10. The Company is authorized, at its option, to receive bills of lading or receipts, or arrange for the transportation of the goods, either in the name of the Sender, or in the name of the Company. If the Sender requires delivery to it of a bill of lading issued by a steamship company or other common carrier covering the within shipment, it must notify the Company to that effect prior to the arrival of the goods at the port from which they are to be shipped. Unless such instructions are so received by the Company, it is agreed by the Company may at its option, (but without any obligation so to do) consign the goods in the care of an agent or other forwarder, or other person, company or corporation selected by the Company at the port of arrival or other place, and issue to the Sender of the Company's freight receipt, and the Sender hereby accepts and agrees to all of the clauses, terms and conditions appearing in said freight receipt, a specimen copy whereof will be furnished to the Sender upon request. 11. The Sender agrees to furnish to the Company, prior to the shipment of the goods, proper consular declaration, weights, measures and values, and other information, in the language of and as required by the laws and customs regulations of the country of designation of the goods, failing which the Company will use its best judgement in the compilation of consular invoices and other documents, but it is agreed that the Company shall not be responsible for any loss, fines, confiscation or damages resulting from any errors, misdescription of the goods, improper weights, or values, or from any other cause. 12. The Company, in fixing charges for freight and other services, shall have the right to charge rates in excess of those charged by any and all Carriers and other agencies selected by the Company to transport and deal with the goods, and the difference between the rates and charges made by such Carriers and Agencies and those made by the Company shall be considered as part of the Company's profit or compensation for its services. The Company's compensation shall also include all brokerages, commissions, profits and sums received by the Company from Carriers, Insurers and others in connection with the shipment. The Company shall have the option, in assessing or fixing charges for freight, insurance and other items in which it may include its profits, or basing such charges on the weights, measurements, values and other information furnished by the Sender. 13. The Company shall not be obliged to incur any expense or advance any money in connection with the forwarding of the goods, unless the same is previously advanced to the Company by the Sender on demand. 14. It is agreed that the shipper of the goods is, and shall remain, primarily responsible to the Company for all charges and expenses incurred by the Company in connection with the forwarding of the goods. In the event the goods are refused at destination or acceptance thereof is delayed or they remain unclaimed at destination or any transshipping point in the course of transit or are returned for any reason or under any circumstances, the said shipper shall nevertheless pay the Company for all charges and expenses in connection therewith, including those incurred in storing or rerouting the goods or in arranging transportation back to the original shipping point, if the Company so undertakes on behalf of the shipper. Nothing herein contained, however, shall obligate the Company to arrange for the return or storage of the goods. Nor shall anything herein contained affect any rights which the Company may also have against the consignee or the owner of the goods. 15. Goods forwarded with Sender's instructions to "Collect on Delivery" (C. O. D.) by drafts or otherwise, or to collect any specified terms by time drafts or otherwise, are only accepted by the Company upon the express understanding that it will exercise reasonable care in the selection of a bank or correspondent to whom it will send such item for collection and the Company will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, or agent nor for any delay in remittance, loss in exchange, or loss during transmission, or while in the course of collection. 16. The Company shall have a general lien on any property of the Sender in its possession, for all claims for charges and expenses incurred in connection with any shipments of the Sender, and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Company is given the right to sell at public auction or private sale, without notice to the Sender the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of its charges. The confiscation of the goods by any Government shall not affect the liability of the Sender to the Company in respect to the payment of all charges. 17. The retention by the Sender of this "Acknowledgement of Shipping Instructions" shall be considered as an agreement by the Sender to all of its terms and conditions, unless modified in writing by agreement between the Sender and the Company within a reasonable time under all the circumstances surrounding the shipment and shall be considered as applying to all subsequent shipments made by the Company for the Sender. 18. It is agreed that if the property covered by this bill is entrusted or delivered to any truckman, trucking company, express company, steamship, railroad or other carrier whether named in this bill or not (which W. R. Keating & Company, Inc. are hereby authorized to do; subject to all the usual conditions of transportations of such carrier), such person or company so selected shall be regarded exclusively as the agent of the shipper or owner of said property, and as such alone liable and W. R. Keating Company, Inc. shall not be, in any event responsible for the negligence or non-performance of such company or person, nor for any error of judgment or misinterpretation of instructions and in no event shall the owner of said property demand or recover beyond the sum of $50, or the invoice value thereof, if less at which each package is hereby valued. It is further agreed that W. R. Keating & Company, Inc. shall have a general lien on the goods mentioned herein and on any goods belonging to the owner in their possession, for any duties or charges incurred on this or any other shipment of the owner of goods mentioned herein.
