VII. DIE ORGANISATION DES ÜBERSEEGESCHÄFTES 205
be considered as binding upon me|us. Each lot or shipment to be considered
a separate contract it is understood that yow are not responsible for any
consequence arising out of any mistake or omission in transmitting this by
mail or by telegraph. Any unforseen delay arising from fire, cholera, acci-
dents to machinery at the works, strikes, stoppage in the canal, absence of
ships at port, or goods being shut out or carried over. Ilwe hold you free of
every responsibility for any delay caused thereby, and likewise in case of
failure of Manufacturers for non-delivery. Should the goods not be shipped
within contract time, I/we shall be at liberty to cancel the same but on no
account shall Ilwe claim compensation for such late delivery. Loss of the
Vessel shall cancel the portion of this contract shipped in the Vessel lost.
In case of any dispute as to difference in quality, time of delivery, or
otherwise, on inspection, and after payment of the goods you are always to
have the option of either cancelling the order or to refer the matter to the
arbitration of two independent European Merchants resident in Bombay one
to be appointed by each party these to nominate an umpire if they cannot
agree, and their, or in the latter case his decision to be final and binding on
both parties, the party in fault to pay the expenses of survey should any
allowance be awarded, It shall, only be payable after you have referred the
matter to your Home Friends and received their authority to make the pay-
ment, it being distinctly understood that you in Bombay are merely Agents
and not Principal. The goods to be examined within 15 days, from arrival
of the vessel, after which time all responsibilities for damage, inferiority of
quality, deviation from samples, or any other objections whatsoever to be solely
on mylour account and no claim will be made by me/us after the aforesaid
period of 15 days and if I)we make any, it shall not prevail,.
Ilwe agree, under any circumstances, not to arise a dispute for shipment
if same be only 15 days before or after the specified time, and to abide by
the conditions on Bills of Lading, and the date.of Bs/L will be accepted by
me|us as conclusive evidence of the date of shipment.
TERMS OF PAYMENT. You may recover the Total Invoice Amounts
as best swits you, or authorize your Agents to draw on mejus for the to-
tal amount of Invoice together with charges and commissions at .......
per cent at 30 days sight, at current rate of Exchange, and such Bill or
Bills Ilwe hereby bind myself/ouwr selves to accept on presentation, and to pay
at maturity. In the event of the goods arriving before the payment becomes
due, Ilwe agree to effect the same.
Should I/we fail to accept and pay Bill or Bills at maturity and in case
where no Bills are drawn, should I/we fail to pay for the goods when called
upon Ilwe hereby specially agree that yow the Bombay Agents shall be at
liberty to dispose off the goods or documents by public auction or by private
sale on my/our account and risk and should any deficiency or loss arise from
such resale on mylour account, I|we hereby agree to pay the same together
with all expenses and usual Brokerage, &c., interest at the rate of 9 per cent
per annum and all other charges, including @ commission of 2 and a half
per cent for selling the goods, waiving all claims to any advantage there on
to yow and on mylour failure to do so, yow are at liberty to sue me/us and
vecover the same from mel/|us.