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TARIFF
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EFFECTIVE
SEPTEMBER 1, 2007 |
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Per
Bale |
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1. RECEIVING COTTON includes
weighing
and issuing electronic warehouse receipts........................... |
$3.00 |
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The
following charges are producer contributions
and are collected by the warehouse for the Plains
Cotton Growers, Inc.:
PLAINS COTTON IMPROVEMENT
PROGRAM, per bale............................................................... |
$
.10 |
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| 2.
STORAGE, including Fire Insurance per bale,
per day, 30 days minimum. (Also see Rule 9.).......................................... |
$
.065 |
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3.
SHIPPING or LOADING, (Includes picking
out by tag numbers, removing from stor-
age, and six-letter mark. (See Rule 3.)................................... |
$5.00 |
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MISCELLANEOUS
SERVICES |
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COMPRESSING:
UNIVERSAL DENSITY, per bale............
An additional handling charge of $2.50 per bale
will be assessed for all bales weighing 550
pounds net or more. |
$9.40 |
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| REWEIGHING,
(Includes 3 copies of weight sheet)............. |
$1.75 |
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| RESAMPLING.......................................................................... |
$4.50 |
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| SAMPLE
CUT from one side of bale..................................... |
$2.50 |
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| RANGING,
for resampling, reweighing, etc., and return
to stock, per bale.......................................................................... |
$3.00 |
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| RECEIVING
COTTON for CONSOLIDATION and RESHIPMENT.......................................................................... |
$3.50 |
This
charge will apply to all cotton received compressed
but does not include weighing or sampling. It
includes
unloading, checking by marks only and reloading. |
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CANCELLATION
OF SHIPPING ORDER after
cotton is in a break |
$3.00 |
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OTHER
SERVICES NOT LISTED, shall be done at
reasonable rates. |
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RULES |
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RULE
1:An individual receipt, insured against
loss by FIRE, will |
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issued for every bale of concentrated cotton
received, and it is understood that the terms
and conditions named therein are accepted by
the holder of each ticket. |
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Fire
insurance is carried by this Company to cover |
the bale of cotton represented by an insured
Receipt issued by this Company. This insurance
is for the higher of the loan value or the market
value of the bale of cotton at the time and
place of loss, as reflected by nearest USDA
Spot Quotation on the date of the loss. The
insurance is carried under the standard form
of Fire Policy in use by Cotton Warehousemen
of this state.
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Growers,
shippers or other persons having cotton stored |
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the Company which is contracted for sale at
prices higher than market value, as determined
by the Company’s policy, have the responsibility
to obtain additional insurance, if it is desired,
to cover the difference between contracted value
and market value. |
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RULE
2: This Company is not responsible
for loss in weight due to |
| natural
shrinkage or fluctuations in weight due to climatic
conditions. Since the weights on all warehouse
receipts issued by this Company are recorded
by certified electronic scales, we will not
be responsible for weight loss claims based
on reweights by other parties after the cotton
has left our possession. This Company is not
responsible for invisible damage, or inherent
defects, or from weight losses other than its
own errors. This Company makes no representations
or warranties as to the quality or grade of
any cotton stored in its warehouse. |
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THIS
COMPANY WILL NOT CONSIDER ANY CLAIM |
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DAMAGED COTTON WHERE SUCH DAMAGE IS NOT DISCOVERED
PRIOR TO OR AT TIME OF SHIPMENT FROM ITS PLANT
UNLESS THE COMPANY IS ADVISED OF THE DAMAGED
CONDITION IN WRITING WITHIN 15 DAYS FROM THE
DATE OF SHIPMENT AND IS GIVEN AN OPPORTUNITY
TO INSPECT THE COTTON BEFORE REPAIRING OR RECONDITIONING
IS DONE. |
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RULE
3: Owner of the goods assumes all risks
of loss, damage or |
| delay
by acts of God, acts of civil or military authority,
invasion, insurrection, riots, strikes, labor
disturbances, acts of enemies of the Government,
sprinkler leakage, loss in weight or concealed
damage. This Company is not responsible for
non-performance of any service due directly
or indirectly to war, national emergencies or
priorities or to its inability to obtain products,
materials, supplies, machinery, labor, fuels,
transportation facilities, or anything necessary
to the performance of service requested, or
to the action of any Governmental body or agency
of the United States or any State or Sub-Division
thereof. This Company is not responsible for
any damages of whatever nature, either direct
or consequential, owners of the cotton might
suffer because of a delay in performance of
services even if said delays or damages are
caused by the negligence of the Company. |
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DURING
AND FOLLOWING THE PEAK OF THE |
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SEASON, SHIPPING DELAYS MAY BE EXPERIENCED BY
SOME PLANTS, PARTICULARLY IN HIGH PRODUCTION
YEARS SUCH AS 2004-05 AND 2005-06. MERCHANTS’
SHIPPING PLANS MUST TAKE INTO ACCOUNT THE POSSIBILITY
OF SUCH DELAYS. SHIPPERS MAY CONTACT THE PLANT
OFFICE OF THE COMPANY TO DETERMINE SHIPPING
STATUS OF ANY PLANT. |
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RULE
4: All orders regarding the transferring
or shipping of cotton |
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be in writing or in electronic form with bale
numbers in numerical order and accompanied by
the original Compress receipt or recognized
electronic receipt. Compress tag numbers only
are recognized by this Compress. |
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RULE
5: All charges follow the cotton. Adjustment
of accrued |
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must be made between the buyer and seller; this
Company holds the party surrendering the warehouse
receipts responsible for all accrued charges. |
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The
Company reserves the right to require payment
of all |
charges
July 31 of each year on cotton in storage on
that date.
In case of fire, the owner will be billed with
all accrued charges. We reserve the right to
put shipper on cash before delivery basis if
our charges are not paid by due date. |
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RULE
6: This Company does not assume responsibility
for the |
| density
of any cotton not compressed at its facility.
If it is necessary to turn over any charges
to an attorney for collection, or if suit is
brought for collection, or if it is collected
through probate, bankruptcy, or other judicial
proceedings, the warehouse shall be entitled
to reasonable attorney’s fees in addition to
other amounts due. |
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RULE
7: Cotton received only for consolidation
under railroad |
| minimum
carload tariff requirements, will be held for
the period permitted by such railroad tariffs.
Thereafter storage charges, in addition to the
other charges herein provided will be assessed. |
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RULE
8: A warehouseman’s lien is claimed
by the warehouse on all |
cotton for all warehouse service fees applicable
under this tariff and pursuant to the warehouse
receipt. The fees are payable to the warehouse
at its office in Lubbock County, Texas, when
delivery and related services are ordered. Shippers
will be invoiced for fees as services are rendered.
Payment must be received at the warehouse office
within seven days from the date of such invoice.
When payments for invoices are not received
within seven days, subsequent orders will not
be delivered until warehouse fees are paid.
The party ordering cotton shipped is responsible
for all fees for services. In the event an account
is referred for collection to an attorney, the
party ordering shipment will pay reasonable
attorney’s fees and court costs.
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RULE
9: Storage will stop on the date that
complete shipping |
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and warehouse receipts are received at the warehouse
where the cotton is stored or two (2) days prior
to the agreed upon load date, whichever is later.
If the load is not picked up within two (2)
days of the agreed upon load date, then additional
storage of $.25 per bale per day will be assessed
starting on the day after the agreed upon load
date and continue through date loaded. The Company
is not liable when we are prevented from shipping
the cotton for causes not controlled by the
Company, including but not limited to, bunching
of orders, strikes, shortage of labor, labor
disturbances, shortage of transportation equipment
and/or unavoidable casualty. A surcharge of
$4.75 will be made for each tag list covering
10 bales or less. |
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RULE
10: Any person, natural or corporate,
who, directly or indirectly, |
| tenders
cotton to this Company for any service warrants
that such cotton is free and clear of all liens
except those listed on a written instrument
delivered to the Company at the time of such
tender. |
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RULE
11: The tariff and warehouse receipt
of the Company |
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the entire contract between the Company and
the holder of the warehouse receipt. Said agreement
cannot be amended, changed or modified except
by publication of a new tariff or by written
instrument signed by the President of the Company. |
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