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ent001330-070

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ent001330-070
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    University of Nevada, Las Vegas. Libraries

    EXR R i Railway Express Agency, Inc* menrs orner rnan jewelry, painnngs^pasT|is^picrures, sculpture, statuary and wax figures, or a value of ove JHIS^CONTRACT, made at...........................................................................this...<^.,Z.. of...^?ki?╜<fe^?·..........yy..., Jj?^??^hetween Railway Express Agency, (hereinafter called the "Express Company") party of tl anC...........................J8............................................(hereinafter called the "Shipper"), party of the Special contract for the transportation of carvings, ceramics, pottery and porcelain of all kinds (except Scientific Chemi- cal and Industrial porcelain), Chinaware, cloisonne, champleve, glass half-tone screens, glass panels, carved or etched, glass photographic color plates, glass photographic negatives, glass photographic positives, glassware, N.O.S., jade orna- ments other than jewelry, paintings^astek^pictures, sculpture, statadry and wax figures, of a value of over $550.00. day the first part, ..................................(hereinafter called the "Shipper"), party of the second part, WITNESSETH: L; The Express Company agrees, subject to the conditions hereinafter set forth and subject to the Classification and Tariffs in effect on the date hereof to forward to the point reached by the Express Company which is nearest or most convenient to destination, and there deliver to consignee or to other parties to complete the trap?Θ╝portatio??, the following property, of which the Shipper declares himself to be the owner or duly authorized agent thyowner^me 1 .......................................................................... consigned t [*..??.iT.....................................1....mp.........................dollars cents, which charge is dependent upon the value of said property, as at...... for the sum of.M{........ and.............:..... hereinafter stated. 2. (a) When the declared or released value of any article covered by Rule 13 (c) of the Official Express Classification, Supplements thereto or reissues thereof, weighing 1,100 pounds or less exceeds $550, the charges for the portion of such value up to $550 are 23 cents except in Eastern Territory where charge will be 25 cents greater for each $100 or fraction thereof in excess of $50 on shipments weighing 100 pounds or less, or 50 cents per pound on shipments weighing more than 100 pounds. The charges for the portion of such value in excess of $550 will be greater for each $100 or fraction thereof as shown in paragraphs (c) and (d). (b) When the declared or released value of any article covered by Rule 13 (c) of the Official Express Classification, Supplements thereto or reissues thereof, weighing more than 1,100 pounds exceeds $550, the charges will be greater for each $100 or fraction thereof of such value in excess of 50 cents per pound actual weight as shown in paragraphs (c) and (d). (c) Between points except within Eastern Charge in cents Territory where the first-class rate per for each $100 or 100 pounds fraction thereof Does not exceed $4.85.....................................1..54 Exceeds $4.85 but not $9.00..................................62 Exceeds $9.00 but not $12.35.............I...................76 Exceeds $12.35 but not $16.95....................1............?╟?.85 Exceeds $ 16.95........................................... 107 (d) Between Eastern Territory points Charge in cents where the first-class rate per 100 for each $100 or pounds fraction thereof Does not exceed $5.25.........................................60 Exceeds $5.25 but not $9.85...................................69 Exceeds $9.85 but not $13.60..................................83 Exceeds $13,60 but not $18.70.................................94 Exceeds $18.70......................................................117 3. The Shipper hereby declares the value thereof to be..................................................w.../...,..,.................................dollars. 4. The Express Company shall not be required to make free delivery at points where it maintains no free delivery service nor at any point beyond its established and published delivery limits. 5. The Express Company shall not be liable for loss or damage arising from the condition of the property, or from any defect or fault in packing, crating or boxing, which risks are assumed by the Shipper. The Shipper of said property hereby releases and discharges the said Express Company from all liability for the delay or loss of, or damage or injury to, said property from any cause whatever, unless any such delay, loss, damage or injury shall be proved to have been caused by the Express Company or by the negligence of its agents or employes, and in such event the Express Company shall be liable only to the extent of actual damage sustained, but in no event to an amount in excess of the value declared above. 6. All the stipulations and conditions in this contract contained shall inure to the benefit of, and extend to, each and every connecting carrier, railroad company, express company, forwarder, or person to whom the Express Company may entrust or deliver said property for trans- portation, and shall define the responsibility and liability therefor of any such company or person for the acts or negligence of their several agents or employes. 7. Upon the arrival of said property at destination, the Shipper, owner or consignee shall forthwith receive said property and pay any charges due thereon, and any sums besides charges to be collected from consignee, according to terms of shipment; and if he or they shall fail or refuse to duly receive the same, and pay any such charges and other sums, or after 48 hours (exclusive of Saturdays, Sundays and legal holidays) from mailing of notice to consignee of arrival of shipment, the Company's liability shall be that of warehouseman only and said Express Company, or other carrier, as the agent of such Shipper, owner or consignee, may thereupon have said property put in some suitable place at the cost and risk of such Shipper, owner or consignee, and at any time or times thereafter may sell the same, or any portion thereof, at public or private sale, with or without notice, as said agent may deem necessary or expedient, and apply the proceeds arising therefrom, or so much thereof as may be needed, for the payment of any freight and charges that may be due, and other necessary and proper costs and expenses; or said Express Company or other carrier may, at its option, return said property to Shipper, the Shipper to pay charges for transportation both ways, and all other expenses. 8. As conditions precedent to recovery claims must be made in writing to the originating or delivering carrier within nine months after delivery of the property or, in case of failure to make delivery, then within nine months and fifteen days after date of shipment; and suits shall be instituted only within two years and one day after the date when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof. 9. All the conditions of this contract shall apply to any reforwarding or return of said property. Signed in triplicate FOR RAILWAY EXPRESS :y, inc. Agent