Note: In order for shippers to avail themselves of privileges, cotton must be received in complete shipping lots, either by truck or rail, but in no case will truck and rail combinations be considered transit, and full and complete instructions must be had prior to arrival of cotton. Extra services in connection with this movement such as sampling, weighing and reconditioning will be charged at rates designated for such services as specified in Company's Handling Tariff in effect at the time such services are rendered.
Note: Extra or Special Services -- All labor furnished for services not otherwise provided for herein -- Rates to be quoted by warehouseman. Upon the sale, transfer or release of government loan or Commodity Credit Corporation cotton to any other person, firm or agency, such cotton will immediately take the rates, terms and provisions of this tariff.
Rules and Regulations
1. Tender for storage -- (a) All cotton shall be properly marked and packed for handling at time offered for delivery to warehouseman. Warehouseman reserves the right to refuse to accept cotton unless it is so marked and packed or if not in good condtion. The storer shall furnish at or prior to such delivery at the warehouse a manifest showing quality, marks, and complete instructions as to the service to be performed and storage facilities desired. (b) Warehouseman reserves the right to store without notice any and all cotton in either warehouse or open storage, when the storage facilities ordered are not available or conditions warrant. (c) This company reserves the right to compress to universal density on arrival or subsequent thereto, all flat or uncompressed cotton received for storage, and to collect charges for compression from parties surrendering warehouse receipts.
2. Storage period -- All goods are stored on a day to day basis. Storage charges shall be assessed from the receipt date to and including the actual date of delivery.
3. Hours of service -- (a) Warehouseman will not receive nor deliver goods on Saturdays, Sundays or legal holidays, nor on any other day before 8 o'clock a.m. nor after 4:40 p.m. except by special arrangements which will include reimbursement to warehouseman for any extra payroll or other costs incurred thereby. (b) Delivery orders for the delivery goods should be presented sufficiently in advance of closing hours to permit complete delivery during said regular business hours. (c) When cotton in storage is ordered out for final delivery, a reasonable time must be given to warehouseman to execute the order. Inability of warehouseman to effect delivery on shipper's scheduled delivery date shall not prevent warehouseman from assessment of storages up to and including the actual cost of delivery.
4. Charges -- Charges for services rendered under this tariff shall be payable on receipt of delivery order and surrender of warehouse receipt unless otherwise stated. Accrued charges of every kind on all merchandise on hand August 31 of each year shall become due and payable on that date. Expenditures made by this company for the benefit of its clients, although not especially mentioned or enumerated herein, shall be charged to and collected from them and/or held as a charge against the merchandise.
5. Access to Goods -- Owners, their agents or any other person not an employee of the warehouseman, will not be allowed access to cotton for which warehouseman, and in no event unless accompanied by an employee of the warehouse whose time is chargeable to the storer at the tariff charge for special labor service. Such warehouse employees will perform any reasonable service upon request acting under the supervision of the party requesting such service.
6. Delivery of Goods -- Written delivery orders in duplicate, stating tag numbers in consecutive order and signed in full, will be required by warehouse for the delivery of all goods. (See Note). This delivery order requirement shall be in addition to the endorsement on and surrender of negotiable warehouse receipts covering such goods and the payment of all accrued charges due warehouseman.
NOTE: An additional charge under item 9 will be made when delivery orders are not prepared in accordance with the above.
7. Responsibility -- (a) The responsibility of warehousemen for storage and handling is limited to the ordinary care and diligence required of warehouseman by law. Warehouseman's liability for cotton entrusted to his care does not commence until the cotton has been received and checked into the warehouse; and it ceases upon loading into rail cars or on delivery to trucks or other vehicles. Loose cotton falling or picked from the bales will be disposed of by warehouseman.
b) All goods are stored at owner's risk of loss or damage caused by riots, strikes, insurrection, enemies of the Government, civil or military authorities, earthquakes, fallen aircraft, frost or change of weather temperature, water, flood, wind, storm, concealed damage, waterpacks, inherent nature of the merchandise, or other caused beyond the control of warehousemen. Warehouseman is not responsible for loss or damage caused by leakage, pilferage, theft, sprinkler leakage, corruption, depredation by moths, rats, mice, insects or vermin, unless such loss or damage be caused by the failure of warehouseman to exercise the ordinary care and diligences required of him by law. As a condition of storage, the failure of warehouseman to deliver goods to any person entitled thereto shall not constitute a conversion of goods nor subject warehouseman to any liability whatsoever when such non-delivery results from causes arising from strikes, lockouts, work stoppages, or restraints of labor, from whatever cause.
c) Warehouseman will not be responsible for loss or damage occasioned by any misunderstanding of orders or instructions received orally or taken by telephone.
d) As a condition precedent to recovery, claims for loss or damage must be presented in writing within thirty days after the merchandise is delivered from warehouse: or, in case of failure to make delivery, then within thirty days after delivery of the last package of the lot in warehouseman's apparent possession.
e) Nothing herein contained shall be deemed a waiver or modification of the rights of warehouseman under the laws of this state. Warehouseman is not liable for reimbursement to insurer, or the other, against whom depositor or storer of the goods may have recourse for damage to stored property.
8. Demurrage -- Warehouseman will not be responsible for demurrage or other time penalty, nor for delays on unloading inbound vehicles, nor for delays in obtaining cars for outbound shipments. But due care and diligence will be used to receive and deliver goods promptly.
9. Special Services, Resampling, Reweighing, etc. -- Written orders in duplicate, stating tag numbers in consecutive order, and signed in full, will be required for all extra or special serviced requested, including resampling, reweighing, inspection, reconditioning, etc. (See Note). The charges therefore are payable by the parties ordering them and if unpaid such charges will be held against the cotton.
Orders given for such services shall only be issued by those having the proper authority and warehouseman, in reserving the right to satisfy itself as to the authenticity of such orders before proceeding to execute them, assumes no responsibility as to their accuracy when acting in good faith.
10. Rejected or Refused Cotton -- Cotton ordered out of storage, which is refused or rejected, or for any reason is not accepted, will be returned to storage and shall be subject to all tariff charges as a new account.
11. Transfer of Ownership -- When cotton in storage is transferred on the books of warehouseman from one party to another, all accrued charges or advances shall be paid as of the date of transfer and the cotton will be subject to tariff charges as a new account.