QUALITY
64
7. The buyers to take the Cargo, in accordance with conditions of Charter
Party, from ship’s side, and to pay all expenses therefrom, including weighing,
and the filling and repairing of bags, and lighterage, if any.
8. Bags required for any loose Rice on board to be paid for by the sellers,
if not recoverable from the Captain.
9. If delivered on the Continent, the weight to be reduced at the rate of
1,016 Kilos to the ton of 20 cwt. English. The turn of the scale is to be ascer-
tained by the half Kilogramme.
10. Any Commission or Discount on Freight as per Charter-party, or return
Premium on Policies of Insurance, to be for the benefit of sellers.
11. If ordered to London buyers to have the Option (to be declared with in
twenty-four hours’ notice of ship’s report in Customs Bill of Entry), of taking the
Cargo at per cwt., on the usual London ex ship terms, or at
per cwt. on the usual London ex quay terms. If ordered to Liverpool
the price to be per cwt. on the usual Liverpool quay contract terms
but London arbitration.
12. The Cargo is not to be rejected on account of inferior quality, but the
Q buyers are to have a claim on sellers for any damaged or loose Rice or sweepings
y as stated in clause 2, and are to be entitled to an allowance on the Contract price
., should Cargo turn out inferior to the fair average of the season’s
T) cargoes imported by via into the United
Kingdom and those discharged at Continental Ports and sold under the conditions
2 of this Contract. The Samples are to be drawn from every bag of Rice when
landing, not sea or ship damaged, and their correctness certified by parties appoin-
-j ted by the orginal sellers and receivers respectively. Should vessel discharge at a
Continental Port, the samples to be forwarded to London within 14 days of final
*5 landing. Arbitration on quality to be claimed within 7 days of final landing, and
£3 to be held without delay in accordance with the rules of the London Rice Brokers’
^ Association. The arbitrators are to be two London Brokers (or their umpire), one
nominated by the sellers, and the other by the buyers, each party having the
right to reject one nominee. In the event of either buyers or sellers omitting to
nominate an arbitrator within 10 days, the Committee of the Rice Brokers’ Associ
ation to have power to appoint. one, who shall act on behalf of, and as if nominated
by the party in default. The buyers and sellers to have the right of appealing
from such award within 5 days to the'Committee of the London Rice Brokers’
Association, whose decision is to be final. Any payments arising out of the award
are to be made within one week of the date thereof. The losing side to pay all
arbitration fees.
13. Should this Cargo have been previously sold on similar conditions to
the above, the parties to this Contract to be bound by any award as to quality
made under the first Contract. The original sellers to have a lien on any outstanding
balance of Invoice.
14. Contract to be void should vessel fail to arrive at the Port of discharge.
15 Contract also to be void for any portion of the Cargo transhipped by
another vessel.
16. Any dispute arising on this Contract (except on quality as already
provided for in clause 12), to be referred foi Settlement to the arbitration of two
London Brokers or their umpire, one nominated by the sellers and the other by
the buyers, each party having the right of rejecting one nominee.
17. The Submission to arbitration contained in Clause 16 of this Contract
may be made a rule of the High Court of Justice, or any division thereof, on
the application of either Party.
Brokerage per Cent.
BROKERS
2 %
Steamers
4 % ■
Sailing
Vessels.