Conditions: This contract of sale is subject to all the terms and conditions mentioned on the reverse side of this sheet, which are made a part hereof. Seller: Buyer: By. [Back] TERMS AND CONDITIONS REFERRED TO ON REVERSE SIDE OF THIS SHEET Seller agrees to (1) Under terms of sale, as per details on other side, make freight contract and pay or allow freight charges to agreed destination. (2) Take out and pay for marine insurance in companies of good repute. The term "marine insurance" as used herein shall be construed and interpreted as meaning that the insurance furnished covers total loss and general average due to marine perils and particular average due to marine perils if the damage amounts to 3 per cent on each separate package; it does not cover losses due to leakage or pilferage. (3) Deliver to buyer or his agent through or ocean “received for shipment" bills of lading in the regular form in use by the inland or ocean carriers to the agreed destination, and marine insurance policy and/or negotiable marine insurance certificate. (4) Provide war risk insurance on request of buyer or whenever deemed necessary or advisable in the judgment of seller, but in any case at the buyer's expense. (5) Be responsible for loss and/or damage until goods have been delivered to the carrier, and "received for shipment" bill of lading obtained and goods covered by marine insurance policy and/or negotiable marine insurance certificate (seller is not responsible for the delivery of goods at destination nor for payment by the underwriters of insurance claims). Buyer agrees to (1) Be responsible for loss and/or damage and/or deterioration after delivery to carrier and must make all claims to which he may be entitled under the "received for shipment" bill of lading or insurance document directly on the carriers or underwriters. (2) Pay costs of discharge, lighterage, and landing at foreign port of destination in accordance with "received for shipment" bill of lading clauses. (3) Pay all taxes, customs, duties, and wharfage charges, also stamps and consular fees for legalizing invoices "received for shipment" bills of lading or other documents, required by the laws of the country of destination. General conditions: (a) In case of force majeure, or any cause or causes beyond the reasonable control of the seller, the time for shipment shall be extended for a period not exceeding 30 days beyond contract time. If shipment, for any aforesaid reason, is not made within such 30 days extension then contract shall thereupon be canceled without liability or penalty of either buyer or seller. (Further extension may be arranged by mutual agreement). (b) The seller, at his option, may ship the aforesaid quantity or any delivery hereunder in one or several shipments and at different times. Each shipment shall be considered as a separate contract. (c) "Time of shipment' means shipment from seller's plant and/or warehouse. Prompt shipment means within fourteen (14) days, and "immediate" shipment five (5) days after day of sale, from packing house or warehouse. (d) The seller agrees to ship products properly packed in containers of the capacity usual to the brand and in accordance with the standard of the brand in respect to quality and trim. Condition of the product at the time of shipment shall be evidenced by the certificate issued by the Bureau of Animal Industry, U. S. Department of Agriculture, Washington, D. C., which shall be conclusive and exclusive proof of the condition of the said product shipped hereunder. A clean "received for shipment" bill of lading shall be conclusive evidence of the sufficiency of the container, condition of the packages at the time and place of shipment, and of the date of shipments. (e) The seller agrees to reimburse the buyer for all shrinkage in excess of the percentages hereinafter named, viz: Dry salt-cured meats packed in salt or borax.. Per cent 2 3 4 The aforesaid warranty against shrinkage shall apply on all shipments ex cept shipments from May, to September of any year, both inclusive, in which case the percentages above named shall be increased in each case by 1 per cent. The foregoing warranty, however, is subject to weighing at port of destination within forty (40) days from date of shipment if shipped from interior packing points, or thirty (30) days from date of shipment if shipped from seaboard and is also subject to the weights in any case being taken within seventy-two (72) hours from the time of discharge of 10 per cent or more of the particular shipment; 10 per cent sound packages of each lot to be weighed; such weighing to be witnessed by the seller's representative, or by a public weighmaster, who shall furnish an official certificate showing the result of such weighing. Claims when submitted to show: (1) The date of discharge of the goods from steamer. (2) Date on which goods were weighed. (3) Itemized statement of each package weighed, number of same and net outturn. The salt, which is to be considered as tare, wlil be removed by tossing or, at buyer's option, by brushing with a soft brush. (f) In case the goods are sold on average weight, same will be fixed by dividing the total number of pieces in each package on the original net shipping weight of the package, but the weight of each separate piece shall not vary more than 10 per cent from the extremes of the average weights mentioned in the contract. (g) The above warranties shall not apply when contract specifies that seller shall furnish Chicago Board of Trade or other official weights and/or inspec tion certificates. It is understood that all expense for such certificates shall be borne by the buyer and added to the invoice. (h) When a seller fails to ship goods within the time specified in the contract he shall pay the buyer the advance (if any) between the contract price and the market price of the same or similar goods, on the day of default (as in rule defined) to be fixed in case of dispute by arbitration as hereafter provided, plus such penalty (not exceeding 50 cents per 100 kilos, as assessed damages, as may be determined by arbitration as hereafter provided. For the purpose only of ascertaining the amount to be paid on such default as mentioned in this rule, the day of default in the country of destination shall be deemed to be the twenty-first day if from inland points in the United States or Canada, or the twelfth day if from seaboard points in the United States or Canada after the last day for shipment provided for in the contract. (i) Arbitration: In cases of dispute between buyer and seller arising on the grounds that goods do not conform to the warranty, such difference shall be submitted to arbitration, within three business days after the goods have been landed, each party to the contract choosing an arbitrator, and these two arbitrators, if necessary, to choose an umpire. All decisions by the arbitrators shall be final. If the arbitrators decide there are good grounds for claim, they shall determine and shall certify the market price or the value of the goods equal to the warranty, also the difference in value between such goods and the goods actually tendered; and the seller shall pay or allow the buyer the certified difference in value and the buyer shall accept the goods with such allowance. This contract shall be construed and interpreted in all respects in accordance with the laws of the State of New York. CONTRACT (SPECIMEN B) CONFIRMATION No... BLANK PACKING CO. CHICAGO, ILL., Contract covering sale by Blank Packing Co., of Chicago, Ill., U. S. A. 19- Conditions of sale: This contract is subject to all the terms and conditions printed on back hereof. Accepted. [Back] BLANK PACKING CO., Per Quality. The seller warrants that the goods specified in this contract shall be seller's usual cut and cure and equal to the standard of the brand, that they shall be sound and sweet at time of shipment, properly packed in containers of the size and kind usual to the brand. A clean bill of lading shall be final evidence of the sufficiency of the container and condition of the packages at time and place of shipment. Brand.-Unless otherwise specifically stated, all packages to be branded Blank Packing Co. Conversion of weights.-When converting American pounds to kilos, 100 pounds shall be equal to 45% kilos. Lard.-(a) Cooperage: Tierces always understood to be hardwood and iron bound. (b) Tare: No specific tare guaranteed by seller unless named (and agreed to by seller) at time of purchase. (c) Weights and inspection: Official certificates of the Board of Trade of Chicago to be final as to quality and quantity. When such certificates accompany seller's draft on buyer, the seller not to responsible for outturn at destination. (d) Stripping certificates: Weight certificates to show stripping test on one or more tierces out of each lot of 50 tierces. Documents.-Copy of invoice. itemized weight sheet, U. S. A. Bureau of Animal Industry inspection certificate, insurance certificate, bill of lading; and on shipments which have been so inspected or weighed, board of trade certificates of inspection or weights to accompany each draft. Insurance. All shipments to be insured against marine risks by seller and at seller's expense in companies of good repute, and in the usual form, for an amount equal to the invoice price plus 10 per cent prospective profit. Warrisk insurance, if necessary, to be covered by seller at buyer's expense. Buyer to accept insurance in lieu of the goods, in all cases of loss or damage, after loaded by shippers. Fees and taxes.-All consular fees for legalizing invoices; stamps on bills of lading, insurance certificates, drafts, or other documents; income or other taxes, required by laws of country of destination, to be paid by the buyer. Shipment. Shipment named always understood to be from seller's warehouse, date of bill of lading being conclusive as to the time of shipment. In booking freight for the goods sold hereunder, seller is to be understood as acting for the buyer as agent, and is not to be held responsible for delay in shipment caused by nonarrival of the vessel or shutting out of goods or of any other circumstances arising out of the transport of the goods. Part lots. The sellers, or their agents, shall have the right to ship the goods in one or several lots, and to ship on one or several ships. Each shipment to be considered as a separate contract. The sellers shall not be held responsible if the carriers load the goods on several boats. Strikes. In case of force majeure, strikes, import or export prohibition, fire, flood, blockade, embargo, war, revolution, epidemic, wreck of the intended steamer, cancellation or delay of steamer, inability to secure railroad cars or shipping permit, or other causes, whether of the same kind or not, beyond the control of the seller, the time of shipment shall be extended for a period not exceeding 30 days. If shipment is not made within such 30-day extension, then the contract is canceled, without penalty to either buyer or seller. Definitions of abbreviations.-Definitions of abbreviations, such as f. o. b., c. a. f., c. i. f., etc., shall be those recognized by the Institute of American Meat Packers, and the respective duties and liabilities of buyer and seller shall be as prescribed thereunder by said Institute of American Meat Packers. Guaranty of weight.-Outturn weight at port named in contract to be guaranteed by seller under the following conditions: Seller guarantees to reimburse buyer for shrinkage in weight in excess of 3 per cent on goods shipped during the months of May, June, July, August, September, and October, and in excess of 2 per cent on goods shipped during the months of November, December, January, February, March, and April; the date of the bill of lading to in all cases determine the time of shipment. Such outturn weight, however, is to be ascertained at port of discharge within 48 hours after discharge of goods from the steamer; 10 per cent of each lot to be weighed; such weighing to be witnessed by the seller's representative, or by a public weighmaster who shall furnish an official certificate showing the result of such weighing. Claims when submitted to show: 1. The date of discharge of the goods from the steamer. 2. Date on which goods were weighed. 3. Itemized statement of each package weighed, number of same and net outturn. 4. A certificate (to be substantiated by oath if requested) as to the correctness of the claim. In the case of any goods weighed and inspected by Chicago Board of Trade officials at point of shipment, then the certificate of such weight and inspection shall be final, seller not being liable for outturn. UNITED STATES INSPECTION CERTIFICATE Description and marks: 19__ THIS CERTIFIES that the meat or meat food product specified in the margin hereof exported by and consigned to-- is from animals that received both antemortem and postmortem inspection and were found sound and healthy and that it has been inspected and passed as provided by law and the regulations of the Department and is sound and wholesome. HENRY C. WALLACE, Secretary. No. Triplicate UNITED STATES DEPARTMENT OF AGRICULTURE Inspector. Not valid unless countersigned by an inspector of the Bureau of Animal Industry. indorsed on loss, if any, payable to the order of.. this certificate, which, upon said payment, is to be surrendered and assigned without recourse. It is understood and agreed that this certificate represents and takes the place of the policy, and conveys all the rights of the original policyholder (for collecting any loss or claim) as fully as if the property were covered by a special policy, of the form in use by the undersigned, direct to the holder of this certificate, and free from any liability for unpaid premiums. This certificate is not valid unless countersigned. Countersigned by Marks and Numbers--- To cover while at the risk of the assured and in due course of shipment from the moment the goods leave the store or warehouse at place of shipment and until delivered at store or warehouse at place of destination, including risk in appraisers' stores, but this policy does not cover in any storage store or warehouse wherever situated. Warranted by the assured that the place of shipment and place of destination named when making reports hereunder shall be deemed the initial place of shipment and final place of destination, so far as concerns this policy. Covering while on railroads or other land conveyances only against the risks of fire, collision, and derailment and flood (meaning rising of navigable waters), and when elsewhere on land only against the risks of fire and flood (meaning rising of navigable waters). Machinery clause.-In case of loss or injury to any part of a machine consisting, when complete for sale or use, of several parts, the insurers shall only be liable for the insured value of the part lost or damaged. Including risk of lighterage to and from the vessel, each craft or lighter to be considered as if separately insured. |