S.I. No. 13/1930 -- Standard Terms and Conditions of Carriage.

S.I. No. 13/1930 -- Standard Terms and Conditions of Carriage. 1930 13

No. 13/1930:

STANDARD TERMS AND CONDITIONS OF CARRIAGE.

STANDARD TERMS AND CONDITIONS OF CARRIAGE SETTLED 28th DAY OF JANUARY, 1930, BY THE RAILWAY TRIBUNAL UNDER SECTION 41 of THE RAILWAYS ACT, 1924 .

IN THE COURT OF THE RAILWAY TRIBUNAL.

WHEREAS pursuant to the provisions of Section 40 of the Railways Act, 1924 , the Great Southern Railways Company have submitted to us :

(a) The terms and conditions on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates :

(b) The terms and conditions on and subject to which merchandise other than live stock, and, subject to the provisions of sub-section 4 of Section 44 of the said Acts live stock, will respectively be carried if carried at owner's risk rate ;

(c) The terms and conditions on and subject to which damage able goods not properly protected by packing will be carried.

And whereas we caused notice of the submission of the said Terms and Conditions of Carriage to be duly published and prescribed the time and manner in which any objection thereto might be lodged.

And whereas we have considered the said Terms and Conditions of Carriage and all objections lodged thereto and have in open Court heard all parties entitled to be heard.

Now, WE, the Railway Tribunal, in pursuance of the powers vested in us by the Railways Act, 1924 , DO HEREBY SETTLE the Terms and Conditions of Carriage hereto annexed, which WE consider just and reasonable, and WE HEREBY FIX the first day of July, 1930, as the day upon which the said Terms and Conditions of Carriage are to come into force.

Dated this twenty-eighth day of January, 1930.

JOHN O'BRIEN,

Registrar of the Court.

PART I.

THE TERMS AND CONDITIONS OF CARRIAGE OF MERCHANDISE (other than Dangerous Goods and Merchandise for which Terms and Conditions are specially provided) WHEN CARRIED AT COMPANY'S RISK RATES.

INTERPRETATION—

In the construction of these terms and conditions the words " Passenger train " shall mean passenger train or other similar service.

CONDITION 1.

Every consignment of merchandise shall (except as otherwise agreed in writing) be addressed in accordance with the Regulations settled by the Railway Tribunal, and shall, if required by the Company, be accompanied by a consignment note on which shall be stated—

(a) The full names and addresses of the sender and the consignee;

(b) The station or place of destination;

(c) Such particulars as the Company may reasonably require of the nature, weight (inclusive of packing), and number of the packages, parcels or articles of merchandise handed to the Company for carriage to enable them to calculate the charges therefor;

(d) Whether (when the Company do not require prepayment) the charges are to be paid by the sender or by the consignee; and

(e) Where by arrangement with the Company the merchandise is accepted " To wait order " at any particular station, that the consignment is " To wait order."

The Company shall, if so required, sign a document, prepared by the sender, acknowledging the receipt of the consignment and the number of packages, parcels or articles as set out in the consignment note. Such document shall be prima facie evidence of the number of packages, parcels or articles comprised in such consignment but shall not be evidence of the condition or of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by them.

CONDITION 2.

Every truck loaded in a siding not belonging to the Company shall (except as otherwise agreed in writing generally or in respect of a particular consignment) be labelled by the Trader or other party by whom such truck is transferred to the Company, with two labels, which shall be securely affixed one on each side of the truck, and upon each such label shall be stated—

(a) The name of the sender ;

(b) The name of the consignee (except where the truck is loaded with merchandise for more than one consignee) ;

(c) The station or place of destination and where such station or place is served by more than one company the name of the delivering company ;

(d) The nature of the merchandise ;

(e) The actual weight or, where this is not practicable, the approximate weight of the merchandise inclusive of packing; and

(f) The name of the owner and number of the truck.

CONDITION 3.

The Company shall, subject to these Conditions, be liable for any loss, or misdelivery of or damage to merchandise, occasioned during transit as defined by these Conditions, unless the Company shall prove that such loss, misdelivery or damage has arisen from—

(a) Act of God ;

(b) Act of war or of the King's enemies ;

(d) Orders or restrictions imposed by the Government or any Department thereof ;

(e) Act or omission of the Trader, his servant, or agent ;

(f) Inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the merchandise ; or

(g) Casualty (including fire or explosion).

Provided that—

(i) Where loss, misdelivery or damage arises and the Company have failed to prove that they used all reasonable foresight and care in the carriage of the merchandise, the Company shall not be relieved from liability for such loss, misdelivery or damage.

(ii) The Company shall not incur liability of any kind in respect of merchandise where there has been fraud on the part of the Trader.

CONDITION 4.

The Company shall, subject to these Conditions, be liable for loss proved by the Trader to have been caused by delay to, or detention of, or unreasonable deviation in the carriage of merchandise unless the Company prove that such delay or detention or unreasonable deviation has arisen without negligence on the part of the Company or their servants.

CONDITION 5.

The Company shall not, whether the carriage be by land or water, or partly by land and partly by water, be liable for loss or injury (from whatever cause arising) of or to any articles or property described in the Carriers Act, 1830, as amended by subsequent Acts, contained in any parcel or package when the value of such articles or property exceeds £25, unless the nature and value thereof be declared on delivery to the Company for carriage and an increased charge over and above the charge for carriage at Company's Risk Rates be paid as compensation for the greater risk incurred or an undertaking to pay such increased charge be accepted.

CONDITION 6.

Every consignment of merchandise to be carried by the Company partly by land and partly by water, or wholly by water, shall be accompanied by a consignment note, signed by the sender, containing such terms and conditions applicable to the carriage of such merchandise by water as the Company are entitled to impose.

CONDITION 7.

In the case of merchandise consigned to a destination which entails transfer to an independent carrier (which expression shall not include a contractor employed by the Company to deliver merchandise within the usual delivering area of a terminal station) —

(a) The Company's obligations and liability, notwithstanding that the merchandise may be addressed through to destination, or may be carried at a through rate, shall only relate or extend to those portions of the journey performed on the system of the Company, or by a contractor employed by the Company to deliver merchandise within the usual delivering area of a terminal station. The transit by the Company shall (unless otherwise determined) be deemed to terminate when the merchandise is tendered or transferred to any independent carrier.

(b) The Company and any succeeding carrier are authorised as agents for the sender or owner to contract for the further carriage upon the terms of any Bill of Lading or other conditions usually required by any succeeding carrier.

(c) The Company shall not be liable for loss, damage, deviation, misdelivery, delay or detention, except upon proof that the same arose on their system or whilst the merchandise was being carried by a contractor employed by the Company to deliver merchandise within the usual delivering area of a terminal station, and that the Company are liable therefor under these Conditions.

CONDITION 8.

The Company shall not be liable—

(a) (i) for loss from a package or from an unpacked consignment ;

(ii) for damage, deviation, misdelivery, delay or detention ;

unless they are advised thereof in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station or at the district or head office of the forwarding or delivering Company within six days and the claim be made in writing within ten days after the termination of the transit of the consignment or the part of the consignment in respect of which the claim arises.

(b) for non-delivery of the whole of a consignment, or of any separate package forming part of a consignment, addressed in accordance with Condition 1 hereof, unless they are advised of the non-delivery in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station or at the district or head office of the forwarding or delivering Company within 14 days, and the claim be made in writing within 28 days after receipt of the consignment by the Company to whom the same was handed by the sender.

Provided that if in any particular case a trader before action brought proves to the satisfaction of the Company, or, where the Company are not so satisfied, of the Railway Tribunal, that it was not reasonably possible for him to advise the Company in writing or to make his claim in writing within the aforesaid times, and that such advice or claim was given within a reasonable time, the Tribunal may, if having regard to all the circumstances they consider it equitable, declare that nothing in this Condition shall be a bar to the maintenance of proceedings against the Company.

CONDITION 9.

When the Company perform the cartage, the place of collection or delivery at the Trader's premises shall be the usual place of loading or unloading the merchandise into or from the road vehicles, but the Company shall not be under obligation to provide any power, plant and labour which, in addition to their carmen, may be required for loading or unloading road vehicles at such premises.

CONDITION 10.

(a) The Company shall in every case when merchandise, carried by Merchandise train, is consigned to a station (which in this Condition includes a siding provided by the Company for general public use) and is not to be delivered by the Company's road vehicle, or barge, or by truck alongside ship, give notice in writing (or by telephone, if so agreed in writing) of arrival to the consignee or, where his address is not known or he refuses to take delivery, to the sender where it is reasonable and practicable so to do.

(b) When merchandise, carried by Passenger train, which is not to be carted by the Company has not been removed by the consignee within 12 hours after its arrival at the station to which it is consigned, the Company shall give notice of arrival in writing (or by telephone, if so agreed in writing) to or at the address of the consignee, or where the address of the consignee is not known, to or at the address of the sender if known: provided that the Company shall not in any case be liable for loss or damage arising from failure to give such notice except upon proof by the trader —

(i) that the consignee had no reason to anticipate that the merchandise had been forwarded ; and/or

(ii) that the failure to remove the merchandise was not due to the neglect of the consignee or his servant or agent.

CONDITION 11.

The transit shall (unless otherwise previously determined) be deemed to be at an end—

(a) In the case of merchandise to be carted by the Company, when it is tendered at the usual place of delivery, as defined by Condition 9 hereof, within the customary cartage hours of the delivery district or at such other times as may be agreed between the Company and the Trader.

(b) In the case of merchandise, carried by Merchandise train, not to be carted by the Company, or to be retained by the Company awaiting order, at the expiration of one clear day after notice of arrival is given in writing (or by telephone, if so agreed in writing) to or at the address of the consignee or, where the address of the consignee is not known to or at the address of the sender or, where the addresses of both the sender and the consignee are not known, at the expiration of one clear day after the arrival of the merchandise at the place to which it is consigned.

(c) In the case of merchandise, carried by Passenger train, not to be carted by the Company, or to be kept till called for, at the expiration of one clear day after the arrival of the merchandise at the station to which it is consigned.

(d) In the case of merchandise to be carried to a siding not belonging to the Company—

(i) When it is delivered upon the siding or at the place where, by arrangement, the Trader takes delivery; or

(ii) If the consignee is unable through no fault of the Company, or is unwilling to take delivery, at the expiration of —

(a) one clear day in the case of merchandise carried by Merchandise train ;

(b) 12 hours in the case of merchandise carried by Passenger train ;

after the receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver : or

(iii) If the consignee is prevented from taking delivery through the act or omission of the Company when the cause which has prevented him from taking delivery has been removed and the merchandise is delivered in accordance with paragraph (d) (i) or at the expiration of—

(a) one clear day in the case of merchandise carried by Merchandise train ;

(b) 12 hours in the case of merchandise carried by Passenger train ;

after receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver.

CONDITION 12.

After the termination of the transit, as defined by Condition 11 hereof, unless otherwise agreed in writing, the Company will hold the merchandise as warehousemen, subject to the usual charges and to the condition that they will not be liable for any loss, misdelivery or detention of or damage to—

(a) Merchandise not properly protected by packing except upon proof that such loss, misdelivery, detention or damage arose from the negligence of the Company or their servants and would have been suffered if the merchandise had been properly protected by packing; or

(b) (i) Articles or property of the descriptions mentioned in the Carriers Act 1830 as amended by subsequent Acts, or

(ii) Merchandise which has arrived at the destination station and for which the Company give notice that they have not suitable accommodation,

by whomsoever such loss, misdelivery, detention or damage may be caused and whether occasioned by neglect or otherwise.

Provided that this condition shall not relieve the Company from any liability they might otherwise incur under these Conditions in the unloading of the merchandise.

CONDITION 13.

The Company's charges for carriage shall be payable by the sender without prejudice to the Company's rights against the consignee or any other person.

Provided that when the Company do not require prepayment of the carriage charges and the merchandise is consigned carriage forward, or when it is stated on the consignment note that charges are payable by the consignee, the sender shall not be required to pay such charges unless the consignee fails to pay after reasonable demands have been made by the Company for payment thereof.

CONDITION 14.

Merchandise delivered to the Company will be received and held by them subject (a) to a lien for moneys due to them for the carriage of and other proper charges or expenses upon or in connection with such merchandise, and (b) to a general lien for any moneys or charges due to them from the owners of such merchandise for any services rendered or accommodation provided in relation to the carriage or custody of merchandise, and in case any lien is not satisfied within a reasonable time from the date upon which the. Company first gave notice of the exercise of their lien to the owners of the merchandise, the merchandise may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto, and the Company shall account to the owners of the merchandise for any surplus.

The general lien conferred by this Condition shall not prejudice an unpaid vendor's right of stoppage in transitu.

CONDITION 15.

Where perishable merchandise—

(a) is refused by the consignee; or

(b) is not to be carted by the Company and is not taken away from the station of destination within a reasonable time after arrival ; or

(d) is not delivered in consequence of riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(e) is not delivered in consequence of damage or obstruction to the railway caused by flood or landslip where no reasonable alternative route is available ;

the merchandise may be sold by the Company and payment or tender of the proceeds of any such sale after deduction of all proper charges and expenses in relation thereto shall (without prejudice to any claim or right which the sender or consignee may have against the Company otherwise arising under these Conditions) discharge the Company from all liability in respect of such merchandise or the carriage or delivery thereof.

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the merchandise.

(ii) Where the merchandise is not carried through to the destination to which it was consigned by the sender, the charges payable to the Company shall be those in operation for the journey actually completed, but shall not exceed the charges for the full transit.

(iii) Where telegraphic or telephonic communication is reasonable and practicable the power of sale shall not be exercised unless notice has been given to the consignee in cases under (b) and (e), and to the sender in cases under (a) or (c), and the consignee or sender has failed to give immediate instructions for disposal by telegraph, telephone, or by hand to the Company at the station from which the notice was sent.

CONDITION 16.

Where merchandise (other than perishable)—

(a) is held " To wait order " or " To be kept till called for " and such order is not given, or such merchandise is not removed within a reasonable time; or

(b) is of a description for which the Company have not or do not provide accommodation at the place of destination; or

(d) is refused by the consignee, or not delivered because the consignee is not known, and in either case the sender fails to take delivery, or to give instructions for disposal;

the Company may sell the same, either separately or by inclusion in a sale of unclaimed goods, and payment or tender of the proceeds of such sale, after deduction of all proper charges and expenses in relation thereto, shall (without prejudice to any claim or right which the sender or consignee may have against the Company otherwise arising under these Conditions) discharge the Company from all liability in respect of such merchandise or the carriage or delivery thereof.

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the merchandise.

(iii) The power of sale shall not be exercised (a) where the name and address of the sender or the consignee is known unless the Company shall have sent notice in writing by post or otherwise to the sender or consignee that the merchandise will be sold if not taken away within 14 days; or (b) where in the case of merchandise, carried by Merchandise train, the names and addresses of the sender and consignee are not known unless the Company shall have published by advertisement in a newspaper circulating within the district where the merchandise is held, or from which it was sent, if in Saorstát Eireann, notice of their intention to hold such sale unless the merchandise is taken away within 14 days after such publication ; or (c) where in the case of merchandise, carried by Passenger train, the names and addresses of the sender and consignee are not known, unless the Company shall have retained the merchandise in their possession for not less than three months.

CONDITION 17.

The Company shall not in any case be liable for—

(a) loss of a particular market, whether held daily or at intervals ; or

(b) indirect or consequential damages; or

(c) subject to these Conditions, loss damage or delay proved by the Company to have been caused by or to have arisen from—

(i) insufficient or improper packing; or

(ii) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general; or

(iii) consignee not taking or accepting delivery within a reasonable time.

CONDITION 18.

In the event of any loss of or damage or delay to merchandise arising from a defect in a truck or sheet not belonging to or provided by the Company and upon proof by the Company that such loss, damage or delay was not due to any negligence of the Company or their servants, the Company shall not be liable for—

(a) loss of or damage or delay to merchandise contained in such truck or covered by such sheet arising from any such defect ; or

(b) loss of or damage or delay to merchandise which may be suffered by the Trader by whom such defective truck or sheet is provided and results from such defect.

CONDITION 19.

Where loading or covering is performed by the sender, the Company shall not be liable for loss of or damage or delay to merchandise so loaded or covered upon proof by the Company that such loss, damage or delay would not have arisen but for faulty and/or improper loading or covering on the part of the sender. For the purpose of this Condition merchandise shall not be deemed to be loaded or covered in a faulty and or improper manner if loaded or covered in the manner directed by the Company.

CONDITION 20.

In the absence of written notice to the contrary given to the Company at the time of delivery to them, all merchandise is warranted by the sender to be fit to be carried or stored in the condition in which it is handed to the Company, and not to be merchandise included in the Dangerous Goods Classification or unclassified merchandise of a kindred nature.

CONDITION 21.

Any merchandise which, by the Company's Regulations, passengers are permitted to take with them, shall be subject to the limitations of liability contained in these Conditions.

CONDITION 22.

Merchandise will be carried subject to any Conditions of Carriage included in the Conditions and Regulations in the Classification of Merchandise for conveyance by Railway from time to time in force.

CONDITION 23.

The Company shall not be liable for failure to collect " Paid-on " charges in any case where, either before or after delivery, the person from whom such charges are to be collected fails to pay after reason able demands have been made for payment thereof.

CONDITION 24.

The Company shall not in any case be liable for loss or damage directly occasioned by the failure of the Trader to comply with Conditions 1 and/or 2 hereof.

CONDITION 25.

Subject to these Conditions, the rights and liabilities of the Trader and the Company respectively, whether at Common Law or under any Statute, shall remain unaffected.

CONDITION 26.

These Conditions shall apply by whatever route the merchandise is carried.

CONDITION 27.

Merchandise specified in the Schedule hereto shall be carried subject to these Conditions so far as they are applicable to the carriage of such merchandise and to the Conditions set out in the said Schedule, which last-mentioned Conditions shall, in respect of such merchandise, prevail to the extent that such Conditions are in conflict with any of these Conditions.

CONDITION 28.

Any special Conditions which may from time to time be settled by the Railway Tribunal in relation to the carriage of merchandise of a particular nature or description shall, in respect of such merchandise, prevail to the extent that such Conditions are in conflict with any of these Conditions.

CONDITION 29.

When a notice given in compliance with any of these Conditions is sent by post, service thereof shall be deemed to be made by properly addressing, prepaying and posting such notice, and, unless the contrary is proved, to have been effected at the time at which the notice should be delivered in the ordinary course of post.

CONDITION 30.

In the computation of time, where the period provided by these Conditions is seven days or less, Sunday, Good Friday, Christmas Day or a Bank Holiday shall not be included save in the case of perishable merchandise carried by Passenger train.

SCHEDULE TO PART I.

CONDITIONS OF CARRIAGE OF MILK IN CANS, CHURNS OR BUTTS AND RETURNED EMPTY CANS, CHURNS OR BUTTS WHEN CARRIED AT COMPANY'S RISK RATES.

CONDITION 1.

Every consignment of milk shall be accompanied by a consignment note on which shall be stated—

(a) Except as otherwise agreed in writing, the full names and addresses of the sender and the consignee ;

(b) The station of destination;

(d) The quantity of milk consigned.

The Company shall, if so required, sign a document prepared by the sender, acknowledging the receipt of the consignment and the number of cans, churns or butts. Such document shall be prima facie evidence of the number of cans, churns or butts comprised in such consignment but shall not be evidence of the condition or of the correctness of the declared nature or quantity of the consignment at the time it is received by them.

CONDITION 2.

Every can and churn shall be legibly stamped with the name of the owner and (except as otherwise agreed in writing) the lid shall be legibly stamped or plated with the name of the sender and the station from which it is sent when full.

The lid shall be securely fastened to the can or churn.

Every butt shall be legibly stamped with the name of the sender and the name of the station from which it is sent when full.

Every can, churn or butt shall also have a label consisting (of wood, metal, strong parchment or other material approved by the Company, with the consignee's name and the name of the destination station printed thereon, securely fastened to the lid of the can or churn or to the butt or, where it is not practicable to fasten the label to the lid of the can or churn, it shall be securely fastened to the neck or handle thereof.

CONDITION 3.

Every can or churn shall have the space occupied by eight gallons and by each additional gallon legibly marked upon the inside, and every butt and sealed or locked can or churn shall have the tare conspicuously and legibly stamped on the outside.

CONDITION 4.

No can, churn or butt of a greater capacity than 20 imperial gallons will be accepted for conveyance.

CONDITION 5.

The Company shall be entitled to prepayment of the charges for carriage

CONDITION 6.

The sender and the consignee or their agents shall assist in the loading and unloading of the cans, churns or butts into or from the rail vehicles.

CONDITION 7.

The Company do not undertake the collection or delivery of milk outside their stations.

CONDITION 8.

The Company may open and, if necessary, detain for a reasonable time any can, churn or butt for the purpose of ascertaining the quantity of milk contained therein.

CONDITION 9.

The transit shall (unless otherwise determined) be deemed to be at an end when the milk, can, churn or butt is placed in the usual position for delivery, and the consignee has had a reasonable opportunity to take delivery thereof.

PART II.

THE TERMS AND CONDITIONS OF CARRIAGE OF (a) MERCHANDISE (other than Dangerous Goods and Merchandise for which Terms and Conditions are specially provided) WHEN CARRIED AT OWNER'S RISK RATES and (b) MERCHANDISE ACCEPTED FOR CARRIAGE AT THE OWNER'S RISK ONLY.

INTERPRETATION—

In the construction of these terms and conditions the words " Passenger train " shall mean passenger train or other similar service.

CONDITION 1.

Every consignment of merchandise shall (except as otherwise agreed in writing) be addressed in accordance with the Regulations settled by the Railway Tribunal and shall if required by the Company, be accompanied by a consignment note on which shall be stated—

(a) That the consignment is to be carried at " O.R." or " Owner's Risk " ;

(b) The full names and addresses of the sender and the consignee

(d) Such particulars as the Company may reasonably require of the nature, weight (inclusive of packing), and number of the packages, parcels or articles of merchandise handed to the Company for carriage to enable them to calculate the charges therefor ;

(e) Whether (when the Company do not require prepayment) the charges are to be paid by the sender or by the consignee ; and

(f) Where by arrangement with the Company the merchandise is accepted " To wait order " at any particular station that the consignment is " To wait order."

If the consignment is not required by the Company to be accompanied by a consignment note, the sender shall request the Company in writing to carry it at " O.R." or " Owner's Risk."

CONDITION 2.

Every truck loaded in a siding not belonging to the Company shall (except as otherwise agreed in writing generally or in respect of a particular consignment) be labelled by the Trader or other party by whom such truck is transferred to the Company with two labels, which shall be securely affixed one on each side of the truck, and upon each such label shall be stated—

(a) The name of the sender ;

(b) The name of the consignee (except where the truck is loaded with merchandise for more than one consignee) ;

(c) The station or place of destination and where such station or place is served by more than one company the name of the delivering company ;

(d) The nature of the merchandise ;

(e) The actual weight or, where this is not practicable, the approximate weight of the merchandise inclusive of packing ; and

(f) The name of the owner and number of the truck.

CONDITION 3.

The Company shall not be liable for loss, damage, deviation, misdelivery, delay or detention of or to a consignment or any part thereof, except upon proof that the same arose from the wilful misconduct of the Company or their servants.

Provided that nothing in this condition shall exempt the Company from any liability they might otherwise incur in the following case—

(a) Non-delivery of the whole of a consignment or of any separate package forming part of a consignment, properly packed, and addressed in accordance with Condition 1 hereof, unless such non-delivery is due to accidents to trains or to fire.

(b) Pilferage from packages of merchandise protected otherwise than by paper or other packing readily removable by hand, provided the pilferage is pointed out to a servant of the Company on or before delivery.

(c) Misdelivery where merchandise carried by Merchandise train and addressed in accordance with Condition 1 hereof is not tendered to or placed at the disposal of the consignee within 28 days, or in the case of perishable merchandise within a reasonable time which shall not be less than 72 hours after receipt of the consignment by the Company to whom the same was handed by the sender.

(d) Delay where merchandise, carried by Passenger train and addressed in accordance with Condition 1 hereof is not tendered to or placed at the disposal of the consignee within 28 days after receipt of the consignment by the Company to whom the same was handed by the sender.

(e) Delay in transit exceeding 36 hours of any package or consignment of perishable merchandise, carried by Passenger train and addressed in accordance with Condition 1 hereof, whereby the value of same is deteriorated to the extent of three-fourths, if such deterioration is pointed out to a servant of the Company on or before delivery, but in no case shall the Company's liability exceed one-half the diminution in such value.

Provided however—

(i) That the Company shall be exempted from liability upon proof by them that such non-delivery, pilferage, misdelivery or delay as the case may be, was not caused by the negligence or misconduct of the Company or their servants.

(ii) That in no case shall the Company be liable for more than 75 per cent. of the net invoice value of merchandise (other than perishable merchandise) carried by Passenger train subject to these Conditions.

CONDITION 4.

The Company shall not, whether the carriage be by land or water, or partly by land and partly by water, be liable for loss or injury (from whatever cause arising) of or to any articles or property described in the Carriers Act, 1830, as amended by subsequent Acts, contained in any parcel or package when the value of such articles or property exceeds £25, unless the nature and value thereof be declared on delivery to the Company for carriage and an increased charge over and above the charge for carriage at Owner's Risk Rates be paid as compensation for the greater risk incurred or an undertaking to pay increased charge be accepted. Provided that when such declaration is made and such increased charge is paid or undertaking accepted the liability of the Company under these Conditions shall extend to the full value so declared.

CONDITION 5.

CONDITION 6.

(a) The Company's obligations and liability, notwithstanding that the merchandise may be addressed through to destination, or may be carried at a through rate, shall only relate or extend to those portions of the journey performed on the system of the Company, or by a contractor employed by the Company to deliver merchandise within the usual delivering area of a terminal station The transit by the Company shall (unless otherwise determined) be deemed to terminate when the merchandise is tendered or transferred to any independent carrier.

CONDITION 7.

The Company shall not be liable—

(a) (i) for loss from a package or from an unpacked consignment ;

(ii) for damage, deviation, misdelivery, delay or detention ;

Provided that if in any particular case a trader before action brought proves to the satisfaction of the Company or, where the Company are not so satisfied, of the Railway Tribunal, that it was not reasonably possible for him to advise the Company in writing or to make his claim in writing within the aforesaid times, and that such advice or claim was given within a reasonable time, the Tribunal may, if having regard to all the circumstances they consider it equitable, declare that nothing in this Condition shall be a bar to the maintenance of proceedings against the Company.

CONDITION 8.

When the Company perform the cartage the place of collection or delivery at the Trader's premises shall be the usual place of loading or unloading the merchandise into or from the road vehicles, but the Company shall not be under obligation to provide any power, plant and labour which, in addition to their carmen, may be required for loading or unloading road vehicles at such premises.

CONDITION 9.

(b) When merchandise, carried by Passenger train, which is not to be carted by the Company has not been removed by the consignee within twelve hours after its arrival at the station to which it is consigned, the Company shall give notice of arrival in writing (or by telephone, if so agreed in writing) to or at the address of the consignee, or where the address of the consignee is not known, to or at the address of the sender if known; provided that the Company shall not in any case be liable for loss or damage arising from failure to give such notice except upon proof by the trader—

(i) that the consignee had no reason to anticipate that the merchandise had been forwarded; and/or

(ii) that the failure to remove the merchandise was not due to the neglect of the consignee or his servant or agent.

CONDITION 10.

The transit shall (unless otherwise previously determined) be deemed to be at an end—

(a) In the case of merchandise to be carted by the Company, when it is tendered at the usual place of delivery as defined by Condition 8 hereof, within the customary cartage hours of the delivery district or at such other times as may be agreed between the Company and the Trader.

(b) In the case of merchandise, carried by Merchandise train, not to be carted by the Company, or to be retained by the Company awaiting order, at the expiration of one clear day after notice of arrival is given in writing (or by telephone, if so agreed in writing) to or at the address of the consignee or, where the address of the consignee is not known, to or at the address of the sender or, where the addresses of both the sender and the consignee are not known, at the expiration of one clear day after the arrival of the merchandise at the place to which it is consigned.

(d) In the case of merchandise to be carried to a siding not belonging to the Company—

(i) When it is delivered upon the siding or at the place where, by arrangement, the Trader takes delivery; or

(ii) If the consignee is unable through no fault of the Company, or is unwilling to take delivery, at the expiration of—

(a) one clear day in the case of merchandise carried by Merchandise train ;

(b) 12 hours in the case of merchandise carried by Passenger train ;

after the receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver or

(a) one clear day in the case of merchandise carried by Merchandise train :

(b) 12 hours in the case of merchandise carried by Passenger train ;

after receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver.

CONDITION 11.

After the termination of the transit, as defined by Condition 10 hereof, unless otherwise agreed in writing, the Company will hold the merchandise as warehousemen, subject to the usual charges and to the condition that they will not be liable for any loss, misdelivery or detention of or damage to—

(b) (i) Articles or property of the descriptions mentioned in the Carriers Act, 1830, as amended by subsequent Acts, or

(ii) Merchandise which has arrived at the destination station and for which the Company give notice that they have not suitable accommodation ;

by whomsoever such loss, misdelivery, detention or damage may be caused and whether occasioned by neglect or otherwise.

Provided that this Condition shall not relieve the Company from any liability they might otherwise incur under these Conditions in the unloading of the merchandise.

CONDITION 12.

The Company's charges for carriage shall be payable by the sender without prejudice to the Company's rights against the consignee or any other person.

CONDITION 13.

Merchandise delivered to the Company will be received and held by them subject (a) to a lien for moneys due to them for the carriage of and other proper charges or expenses upon or in connection with such merchandise, and (b) to a general lien for any moneys or charges due to them from the owners of such merchandise for any services rendered or accommodation provided in relation to the carriage or custody of merchandise, and in case any lien is not satisfied within a reasonable time from the date upon which the Company first gave notice of the exercise of their lien to the owners of the merchandise, the merchandise may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto, and the Company shall account to the owners of the merchandise for any surplus.

The general lien conferred by this condition shall not prejudice an unpaid Vendor's right of stoppage in transitu.

CONDITION 14.

Where perishable merchandise—

(a) is refused by the consignee ; or

(b) is not to be carted by the Company and is not taken away from the station of destination within a reasonable time after arrival ; or

(d) is not delivered in consequence of riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(e) is not delivered in consequence of damage or obstruction to the railway caused by flood or landslip where no reasonable alternative route is available ;

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the merchandise.

CONDITION 15.

Where merchandise (other than perishable)—

(a) is held " To wait order " or " To be kept till called for " and such order is not given, or such merchandise is not removed within a reasonable time ; or

(b) is of a description for which the Company have not or do not provide accommodation at the place of destination; or

(d) is refused by the consignee, or not delivered because the consignee is not known, and in either case the sender fails to take delivery, or to give instructions for disposal ;

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the merchandise.

(iii) The power of sale shall not be exercised (a) where the name and address of the sender or the consignee is known unless the Company shall have sent notice in writing by post or otherwise to the sender or consignee that the merchandise will be sold if not taken away within 14 days ; or (b) in the case of merchandise, carried by Merchandise train, where the names and addresses of the sender and consignee are not known unless the Company shall have published by advertisement in a newspaper circulating within the district where the merchandise is held, or from which it was sent, if in Saorstát Eireann, notice of their intention to hold such sale unless the merchandise is taken away within 14 days after such publication; or (c) where in the case of merchandise, carried by Passenger train, the names and addresses of the sender and consignee are not known, unless the Company shall have retained the merchandise in their possession for not less than three months.

CONDITION 16.

The Company shall not in any case be liable for—

(a) loss of a particular market, whether held daily or at intervals; or

(b) indirect or consequential damages ; or

(i) insufficient or improper packing ; or

(ii) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(iii) consignee not taking or accepting delivery within a reasonable time.

CONDITION 17.

The Company shall not be liable for loss, damage or delay of or to merchandise due to faulty or improper loading or covering where the loading or covering is performed by the sender.

CONDITION 18.

CONDITION 19.

Any merchandise which, by the Company's Regulations, passengers are permitted to take with them, shall be subject to the limitations of liability contained in these Conditions.

CONDITION 20.

Merchandise will be carried subject to any Conditions of Carriage included in the Conditions and Regulations in the Classification of Merchandise for Conveyance by Railway from time to time in force.

CONDITION 21.

CONDITION 22.

The Company shall not in any case be liable for loss or damage directly occasioned by the failure of the Trader to comply with Conditions 1 and/or 2 hereof.

CONDITION 23.

Subject to these Conditions, the rights and liabilities of the Trader and the Company respectively, whether at Common Law or under any Statute, shall remain unaffected.

CONDITION 24.

These Conditions shall apply by whatever route the merchandise is carried.

CONDITION 25.

CONDITION 26.

CONDITION 27.

CONDITION 28.

In the computation of time, where the period provided by these Conditions is seven days or less, Sunday, Good Friday, Christmas Day or a Bank Holiday, shall not be included save in the case of perishable merchandise carried by Passenger train.

SCHEDULE TO PART II.

CONDITIONS OF CARRIAGE OF MILK IN CANS, CHURNS OR BUTTS, AND RETURNED EMPTY CANS, CHURNS OR BUTTS WHEN CARRIED AT OWNER'S RISK RATES.

CONDITION 1.

Every consignment of milk to be carried at " Owner's Risk Rates " shall be accompanied by a consignment note on which shall be stated—

(a) That the milk is to be carried at " O.R." or " Owner's Risk " ;

(b) Except as otherwise agreed in writing, the full names and addresses of the sender and the consignee ;

(d) The number of cans, churns or butts ; and

(e) The quantity of milk consigned.

The Company shall, if so required, sign a document, prepared by the sender, acknowledging the receipt of the consignment and the number of cans, churns or butts. Such document shall be prima facie evidence of the number of cans, churns or butts comprised in such consignment but shall not be evidence of the condition or of the correctness of the declared nature or quantity of the consignment at the time it is received by them.

CONDITION 2.

The lid shall be securely fastened to the can or churn.

Every butt shall be legibly stamped with the name of the sender and the name of the station from which it is sent when full.

Every can, churn or butt shall also have a label consisting of wood, metal, strong parchment or other material approved by the Company, with the consignee's name and the name of the destination station printed thereon, securely fastened to the lid of the can or churn or to the butt or, where it is not practicable to fasten the label to the lid of the can or churn, it shall be securely fastened to the neck or handle thereof.

CONDITION 3.

CONDITION 4.

No can, churn or butt of a greater capacity than 20 imperial gallons will be accepted for conveyance.

CONDITION 5.

The Company shall be entitled to prepayment of the charges for carriage.

CONDITION 6.

The sender and the consignee or their agents shall assist in the loading and unloading of the cans, churns or butts into or from the rail vehicles.

CONDITION 7.

The Company do not undertake the collection or delivery of milk outside their stations.

CONDITION 8.

The Company may open and, if necessary, detain for a reasonable time any can, churn or butt for the purpose of ascertaining the quantity of milk therein.

CONDITION 9.

The Company shall not be liable for loss, damage, deviation, misdelivery, delay or detention of or to milk or any can, churn or butt, whether full or empty, except upon proof that the same arose during transit from the wilful misconduct of the Company or their servants. Provided that where the can, churn or butt is fully and properly labelled and addressed in the manner prescribed in Condition 2 in this Schedule, nothing in this Condition shall exempt the Company from any liability they might otherwise incur for—

(a) loss of milk through non-arrival of any can, churn or butt at the station to which it was consigned unless such non arrival is due to accidents to trains or to fire;

(b) delay exceeding 24 hours in transit to the station to which it was consigned of milk in a can, churn or butt, when, as the result of such delay, the value of the milk is deteriorated to the extent of three-fourths, if such deterioration is pointed out to a servant of the Company on or before delivery, but in no case shall the Company's liability exceed one-half of the diminution in such value.

Provided, however, that the Company shall not be liable in the said cases of loss or delay upon proof by them that the same has not been caused by the negligence or misconduct of the Company or their servants.

CONDITION 10.

PART III.

THE TERMS AND CONDITIONS OF CARRIAGE OF LIVE STOCK (other than Wild Animals) WHEN CARRIED

(a) at Company's Risk Rates ;

(b) at Owner's Risk Rates.

INTERPRETATION—

In the construction of these terms and conditions the words " Passenger train " shall mean passenger train or other similar service.

CONDITION 1.

All live stock (accompanied where necessary by any certificate, licence or other document required by the orders or regulations of any Government Department or other Authority) shall be consigned upon the Company's form of consignment note on which shall be stated—

(a) The full names and addresses of the sender and the consignee ;

(b) The station or place of destination ;

(c) When not charged by weight the number and description of the live stock, and in the case of Overseas traffic their brands or marks ;

(d) When charged by weight, the description and weight of the live stock (including crates, boxes, or other packing);

(e) The truck accommodation required when the live stock is to be charged at truck rates, distinguishing between full truck loads and part truck loads ;

(f) Whether (when the Company do not require prepayment) the charges are to be paid by the sender or by the consignee ;

(g) The value of each head of live stock when declared to be of higher value than is mentioned in Condition 5 hereof ; and

(h) Whether in case of live stock which may be carried at Owner's Risk Rates, it is to be so carried.

The expression " O.R." or " Owner's Risk " on a consignment note, shall be deemed to be a request to carry at Owner's Risk.

All live stock to be carried by Passenger train shall be addressed in accordance with the Regulations settled by the Railway Tribunal.

CONDITION 2.

When a person in charge of a consignment of live stock, carried by Merchandise train, is permitted by the Company to travel by the train carrying the live stock, or when a person in charge of a consignment of live stock, carried by Passenger train, is permitted by the Company to travel without payment of fare by the train carrying the live stock, the sender or his representative and the person in charge shall respectively sign a declaration and agreement identifying the person in charge and relieving the Company from all liability to the person in charge or to his representatives for loss of life, personal injury or delay, and for loss of or damage or delay to his apparel or personal effects however caused.

CONDITION 3.

The Company shall not be liable—

(a) Where live stock is carried at Company's Risk Rates—

(i) for injury to a consignment or any part thereof except upon proof by the Trader that the same was occasioned in transit by the neglect or default of the Company or their servants;

(ii) for loss of or from a consignment proved by the Trader to have been occasioned in transit, or for deviation, misdelivery, delay or detention upon proof by the Company that such loss, deviation, misdelivery, delay or detention was not occasioned by the neglect or default of the Company or their servants.

(b) Where live stock is carried at Owner's Risk Rates—for loss of or from a consignment or for injury, deviation, misdelivery, delay or detention of or to a consignment or any part thereof, except upon proof by the trader that the same was occasioned in transit by the wilful misconduct of the Company or their servants.

CONDITION 4.

The Company shall be under no obligation to carry live stock at Owner's Risk Rates in cases in which live stock was not at the 23rd July, 1924 (the date of the passing of the Railways Act, 1924 ), carried at reduced rates under Owner's Risk Conditions.

CONDITION 5.

The Company shall not in any case be liable beyond the following sums : for any horse, £100 ; for any neat cattle per head, £50 ; for any sheep, ass, mule or pig, £5 ; for any dog, deer or goat, £2 ; for any rabbit or other small quadruped, 7s. 6d. ; or for any head of poultry or other bird, 7s. 6d. ; unless a higher value be declared in writing at the time of delivery to the Company to whom the same was handed by the sender, and an increased charge over and above the charge for carriage at the Company's Risk Rates, or at Owner's Risk Rates, as the case may be, be paid as compensation for the greater risk incurred, in which case the Company will, subject to these Conditions, accept liability for the loss actually sustained, not exceeding the amount so declared.

CONDITION 6.

Every consignment of live stock to be carried by the Company partly by land and partly by water, or wholly by water, shall be accompanied by a consignment note, signed by the sender, containing such terms and conditions applicable to the carriage of such live stock by water as the Company are entitled to impose.

CONDITION 7.

In the case of live stock consigned to a destination which entails transfer to an independent carrier—

(a) The Company's obligations and liability, notwithstanding that the live stock may be addressed through to destination, or may be carried at a through rate, shall only relate or extend to those portions of the journey performed on the system of the Company. The transit by the Company shall (unless otherwise determined) be deemed to terminate when the live stock is tendered or transferred to any independent carrier.

(b) The Company and any succeeding carrier are authorised as agents for the sender or owner to contract for the further carriage upon the terms of any Bill of Lading or other Conditions usually required by any succeeding carrier.

(c) The Company shall not be liable for loss, injury, deviation, misdelivery, delay or detention, except upon proof that the same arose on their system, and that the Company are liable therefor under these Conditions.

CONDITION 8.

The Company shall not be liable—

(a) for loss from, or injury, deviation, misdelivery, delay or detention of or to a consignment, unless they are advised thereof in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station or at the district or head office of the forwarding or delivering Company within 3 days and the claim be made in writing within 10 days after the termination of the transit of the consignment or the part of the consignment in respect of which the claim arises.

(b) for non-delivery of the whole of a consignment, unless they are advised thereof in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station or at the district or head office of the forwarding or delivering Company within 14 days, and the claim be made in writing within 28 days after receipt of the consignment by the Company to whom the same was handed by the sender.

Provided that if in any particular case a trader before action brought proves to the satisfaction of the Company, or, where the Company are not so satisfied, of the Railway Tribunal, that it was not reasonably possible for him to advise the Company in writing or to make his claim in writing within the aforesaid times, and that such advice or claim was given within a reasonable time, the Tribunal may, if having regard to all the circumstances they consider it equitable, declare that the time limits specified in this Condition shall not be a bar to the maintenance of proceedings against the Company. In the computation of time, where the period provided by this Condition is 10 days or less, Sunday, Good Friday, Christmas Day or a Bank Holiday shall not be included.

CONDITION 9.

When the Company perform the cartage, the place of collection or delivery at the Trader's premises shall be the usual place of loading or unloading the live stock into or from the road vehicles, but the Company shall not be under obligation to provide any power, plant, and labour which, in addition to their carmen, may be required for loading or unloading road vehicles at such premises.

CONDITION 10.

The transit shall (unless otherwise previously determined) be deemed to be at an end as soon as a reasonable opportunity has been given by the Company to the consignee to take delivery at the place to which the live stock is consigned, but shall in no case extend beyond 24 hours after the arrival of the live stock at such place.

Provided that where telegraphic or telephonic communication is reasonable and practicable and either the sender or consignee has requested the Company in writing at his expense to advise the consignee of the arrival of the live stock, the Company shall give such telegraphic or telephonic advice to the consignee at the expense of the party making the request.

CONDITION 11.

After the termination of the transit, as defined by Condition 10 hereof, unless otherwise agreed in writing, the Company will hold the live stock at the sole risk of the owner and subject (in addition to the charges for carriage) to reasonable charges for lairage or other accommodation or services.

CONDITION 12.

The Company's charges for carriage and also any charges and expenses for the custody, care or maintenance of the live stock, or for any other service performed, accommodation provided or expenses incurred while the live stock remains in the possession of the Company or their agents, shall be payable by the sender without prejudice to the Company's rights against the consignee or any other person.

Provided that when it is stated on the consignment note that charges are payable by the consignee the sender shall not be required to pay such charges unless the consignee fails to pay after reasonable demands have been made by the Company for payment thereof.

CONDITION 13.

Live stock delivered to the Company will be received and held by them subject (a) to a lien for moneys due to them for the carriage of and other proper charges or expenses upon or in connection with such live stock, and (b) to a general lien for any moneys or charges due to them from the owners of such live stock for any services rendered or accommodation provided in relation to the carriage or custody of merchandise, and in case any lien is not satisfied within a reasonable time from the date upon which the Company first gave notice of the exercise of their lien to the owners of the live stock, the live stock may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto, and the Company shall account to the owners of the live stock for any surplus.

The general lien conferred by this Condition shall not prejudice an unpaid Vendor's right of stoppage in transitu.

CONDITION 14.

If any live stock—

(a) is refused by the consignee ; or

(b) is not taken away from the station or place of destination within a reasonable time after arrival ; or

(c) is not delivered in consequence of incorrect or insufficient address being shewn on the consignment note or in consequence of incorrect or imperfect branding or marking and the sender is not known or declines to take delivery or to give instructions for disposal ; or

(d) is not delivered in consequence of riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(e) is so injured in transit that having regard to all the circumstances it is reasonable to slaughter ; or

(f) dies in transit from any cause whatever ; or

(g) is not delivered in consequence of damage or obstruction to the railway caused by flood or landslip where no reasonable alternative route is available ;

the live stock or the carcases of such live stock may be sold by the Company and payment or tender of the proceeds of any such sale after deduction of all proper charges and expenses in relation thereto shall (without prejudice to any claim or right which the sender or consignee may have against the Company otherwise arising under these Conditions) discharge the Company from all liability in respect of such live stock or the carriage or delivery thereof.

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the live stock, or the carcases of such live stock.

(ii) Where the live stock is not carried through to the destination to which it was consigned by the sender the charges payable to the Company shall be those in operation for the journey actually completed, but shall not exceed the charges for the full transit.

(iii) Where telegraphic or telephonic communication is reasonable and practicable the power of sale shall not be exercised unless notice has been given to the consignee in cases under (b), (e), (f) or (g), and to the sender in cases under (a) or (c), and the consignee or sender has failed to give immediate instructions for disposal by telegraph, telephone, or by hand to the Company at the station from which the notice was sent.

CONDITION 15.

The Company shall not in any case be liable for—

(a) failure to convey or to deliver live stock within any certain or definite time, or in time for any particular market (whether held daily or at intervals), show or exhibition; or

(b) indirect or consequential damages ; or

(c) loss, injury or delay of or to live stock whether carried at Company's Risk Rates or at Owner's Risk Rates which is proved by the Company to have been caused by or to have arisen from—

(i) Incorrect or imperfect branding or marking ; or

(ii) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(d) loss, injury or delay of or to live stock which is proved by the Company to have been caused by or to have arisen from—

(i) Consignee not taking or accepting delivery within a reasonable time ; or

(ii) failure of the sender to protect or secure any live stock ; or

(iii) insufficiency or unsuitability of any article supplied by the sender for securing, protecting or conveying any live stock ; or

(iv) incorrect selection or misdelivery of live stock occasioned by loading or unloading performed by the owner or his agent at any point of the transit.

Unless in the case of live stock carried at Company's Risk Rates the trader proves that loss, injury or delay under (d) hereof would not have arisen but for negligence or default on the part of the Company or their servants.

CONDITION 16.

The Company shall not in any case be liable—

(a) for the overloading of a truck or for one animal injuring another in cases where the charge for carriage is per truck or according to space occupied in the truck and the owner or his agent loads as many animals in such truck as he considers may be conveyed with safety;

(b) for loss, injury or delay caused by or arising from penning, stabling or loading animals together of different classes or sex, except—

(i) when such animals are carried at Company's Risk Rates and such loss, injury or delay is caused by the neglect or default of the Company or their servants ;

(ii) when such animals are carried at Owner's Risk Rates and such loss, injury or delay is caused by the wilful misconduct of the Company or their servants ;

CONDITION 17.

Save and except as is provided by Statute, Statutory Order or Regulation, the Company shall be under no obligation to feed or water live stock whilst in their possession or custody unless by special request and agreement ; but the Company may, in the absence of such request and agreement, feed or water live stock at the expense of the owner if in the opinion of the Company it is reasonable so to do, without incurring (in the absence of wilful misconduct) liability for any consequences thereof.

CONDITION 18.

Nothing in these Conditions shall deprive the Company of any warranty implied in law as to the fitness of live stock for carriage in the ordinary way.

CONDITION 19.

Any live stock which, by the Company's Regulations, passengers are permitted to take with them, shall be subject to the limitations of liability contained in these Conditions.

CONDITION 20.

Live stock will be carried subject to any Conditions of Carriage included in the Conditions and Regulations in the Classification of Merchandise for Conveyance by Railway from time to time in force.

CONDITION 21.

CONDITION 22.

The Company shall not in any case be liable for loss or damage directly occasioned by the failure of the. Trader to comply with Conditions 1 and/or 2 (b) hereof.

CONDITION 23.

Subject to these Conditions, the rights and liabilities of the Trader and the Company respectively, whether at Common Law or under any Statute, shall remain unaffected.

CONDITION 24.

These Conditions shall apply by whatever route the live stock is carried.

CONDITION 25.

CONDITION 26.

In these Conditions the word "injury" includes fatal injury.

PART IV.

THE TERMS AND CONDITIONS OF CARRIAGE OF DAMAGEABLE GOODS NOT PROPERLY PROTECTED BY PACKING (IN THESE CONDITIONS CALLED "GOODS") WHEN CARRIED AT COMPANY'S RISK RATES.

INTERPRETATION—

In the construction of these Terms and Conditions, the words " Passenger train " shall mean passenger train or other similar service.

CONDITION 1.

Every consignment of goods and any package or article forming part thereof shall (except as otherwise agreed in writing) be addressed in accordance with the Regulations settled by the Railway Tribunal, and shall be accompanied by a consignment note on which shall be stated—

(a) That the consignment consists of such goods ;

(b) The full names and addresses of the sender and the consignee ;

(d) Such particulars as the Company may reasonably require of the nature, weight (inclusive of packing) and number of the packages, parcels or articles of goods handed to the Company for carriage to enable them to calculate the charges therefor ;

(e) Whether (when the Company do not require prepayment) the charges are to be paid by the sender or by the consignee; and

(f) Where by arrangement with the Company the goods are accepted "To wait order" at any particular station, that the consignment is " To wait order."

CONDITION 2.

Every truck loaded in a siding not belonging to the Company shall (except as otherwise agreed in writing generally or in respect of a particular consignment) be labelled by the Trader or other party by whom such truck is transferred to the Company with two labels, which shall be securely affixed one on each side of the truck, and upon each such label shall be stated—

(a) The name of the sender ;

(b) The name of the consignee (except where the truck is loaded with goods for more than one consignee) ;

(c) The station or place of destination and where such station or place is served by more than one company the name of the delivering company ;

(d) The nature of the goods ;

(e) The actual weight or, where this is not practicable, the approximate weight of the goods inclusive of packing ; and

(f) The name of the owner and number of the truck.

CONDITION 3.

The Company shall not be liable for loss or damage except upon proof that the same (a) arose from the wilful misconduct of the Company or their servants, or (b) would have been suffered if the goods had been properly protected by packing and the Company would have been liable if the goods had been carried subject to the Conditions applicable to the carriage of merchandise at Company's Risk Rates.

CONDITION 4.

The Company shall, subject to these Conditions, be liable for loss proved by the Trader to have been caused by delay to, or misdelivery or detention of, or unreasonable deviation in the carriage of goods unless the Company prove that such delay, misdelivery or detention, or unreasonable deviation has arisen without negligence on the part of the Company or their servants.

CONDITION 5.

CONDITION 6.

Every consignment of goods to be carried by the Company, partly by land and partly by water, or wholly by water, shall be accompanied by a consignment note, signed by the sender, containing such terms and conditions applicable to the carriage of such goods by water as the Company are entitled to impose.

CONDITION 7.

In the case of goods consigned to a destination which entails transfer to an independent carrier (which expression shall not include a contractor employed by the Company to deliver goods within the usual delivering area of a terminal Station)—

(a) The Company's obligations and liability, notwithstanding that the goods may be addressed through to destination, or may be carried at a through rate, shall only relate or extend to those portions of the journey performed on the system of the Company, or by a contractor employed by the Company to deliver goods within the usual delivering area of a terminal Station. The transit by the Company shall (unless otherwise determined) be deemed to terminate when the goods are tendered or transferred to any independent carrier.

(c) The Company shall not be liable for loss, damage, deviation, misdelivery, delay or detention, except upon proof that the same arose on their system or whilst the goods were being carried by a contractor employed by the Company to deliver goods within the usual delivering area of a terminal station, and that the Company are liable therefor under these Conditions.

CONDITION 8.

The Company shall not be liable—

(a) (i) for loss from a package or from an unpacked consignment ;

(ii) for damage, deviation, misdelivery, delay or detention ;

unless they are advised thereof in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station, or at the district or head office of the forwarding or delivering Company within six days, and the claim be made in writing within ten days after the termination of the transit of the consignment or the part of the consignment in respect of which the claim arises.

(b) for non-delivery of the whole of a consignment or of any separate package forming part of a consignment addressed in accordance with Condition 1 hereof, unless they are advised of the non-delivery in writing (otherwise than upon any of the Company's documents) at the forwarding or delivering station or at the district or head office of the forwarding or delivering Company within 14 days, and the claim be made in writing within 28 days after receipt of the consignment by the Company to whom the same was handed by the sender.

Provided that if in any particular case a Trader before action brought proves to the satisfaction of the Company, or, where the Company are not so satisfied, of the Railway Tribunal, that it was not reasonably possible for him to advise the Company in writing or to make his claim in writing within the aforesaid times, and that such advice or claim was given within a reasonable time, the Tribunal may, if having regard to all the circumstances they consider it equitable, declare that nothing in this Condition shall be a bar to the maintenance of proceedings against the Company.

CONDITION 9.

When the Company perform the cartage the place of collection or delivery at the Trader's premises shall be the usual place of loading or unloading the goods into or from the road vehicles, but the Company shall not be under obligation to provide any power, plant and labour which, in addition to their carmen, may be required for loading or unloading road vehicles at such premises.

CONDITION 10.

(a) The Company shall in every case when goods, carried by Merchandise train, are consigned to a station (which in this Condition includes a siding provided by the Company for general public use) and are not to be delivered by the Company's road which or barge, or by truck alongside ship, give notice in writing (or by telephone if so agreed in writing) of arrival to the consignee or, where his address is not known or he refuses to take delivery, to the sender where it is reasonable and practicable so to do.

(b) When goods, carried by Passenger train which are not to be carted by the Company have not been removed by the consignee within 12 hours after their arrival at the station to which they are consigned, the Company shall give notice of arrival in writing for by telephone, if so agreed in writing) to or at the address of the consignee, or where the address of the consignee is not known to or at the address of the sender if known; provided that the Company shall not in any case be liable for loss or damage arising from failure to give such notice except upon proof by the trader—

(i) that the consignee had no reason to anticipate that the goods had been forwarded ; and/or

(ii) that the failure to remove the goods was not due to the neglect of the consignee or his servant or agent.

CONDITION 11.

The transit shall (unless otherwise previously determined) be deemed to be at an end—

(a) In the case of goods to be carted by the Company, when they are tendered at the usual place of delivery, as defined by Condition 9 hereof, within the customary cartage hours of the delivery district or at such other times as may be agreed between the Company and the Trader.

(b) In the case of goods, carried by Merchandise train, not to be carted by the Company, or to be retained by the Company awaiting order, at the expiration of one clear day after notice of arrival is given in writing for by telephone, if so agreed in writing) to or at the address of the consignee or, where the address of the consignee is not known, to or at the address of the sender or, where the addresses of both the sender and the consignee are not known, at the expiration of one clear day after the arrival of the goods at the place to which they are consigned.

(c) In the case of goods, carried by Passenger train, not to be carted by the Company, or to be kept till called for, at the expiration of one clear day after the arrival of the goods at the station to which they are consigned.

(d) In the case of goods to be carried to a siding not belonging to the Company—

(i) When they are delivered upon the siding, or at the place where, by arrangement, the Trader takes delivery ; or

(ii) If the consignee is unable through no fault of the Company, or is unwilling to take delivery, at the expiration of—

(a) one clear day in the case of goods carried by Merchandise train ;

(b) 12 hours in the case of goods carried by Passenger train;

after the receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver; or

(iii) If the consignee is prevented from taking delivery through the act or omission of the Company when the cause which has prevented him from taking delivery has been removed and the goods are delivered in accordance with paragraph (d) (i) or at the expiration of—

(a) one clear day in the case of goods carried by Merchandise train ;

(b) 12 hours in the case of goods carried by Passenger train ;

after receipt by the consignee of notice in writing (or by telephone, if so agreed in writing) that the Company are ready and willing to deliver.

CONDITION 12.

After the termination of the transit, as defined by Condition 11 hereof, unless otherwise agreed in writing, the Company will hold the goods as warehousemen, subject to the usual charges and to the condition that they will not be liable for any loss, misdelivery or detention thereof, or damage thereto, except upon proof that such loss, misdelivery, detention or damage, arose from the negligence of the Company or their servants and would have been suffered if the goods had been properly protected by packing, nor will the Company be liable for loss, misdelivery, or detention of or damage to—

(a) Articles or property of the descriptions mentioned in the Carriers Act, 1830, as amended by subsequent Acts, or

(b) Goods which have arrived at the destination station and for which the Company give notice that they have not suitable accommodation,

by whomsoever such loss, misdelivery, detention or damage may be caused and whether occasioned by neglect on otherwise. Provided that this Condition shall not relieve the Company from any liability they might otherwise incur under these Conditions in the unloading of the goods.

CONDITION 13.

The Company's charges for carriage shall be payable by the sender without prejudice to the Company's rights against the consignee or any other person.

Provided that when the Company do not require prepayment of the carriage charges and the goods are consigned carriage forward, or when it is stated on the consignment note that charges are payable by the consignee, the sender shall not be required to pay such charges unless the consignee fails to pay after reasonable demands have been made by the Company for payment thereof.

CONDITION 14.

Goods delivered to the Company will be received and held by them subject (a) to a lien for moneys due to them for the carriage of and other proper charges or expenses upon or in connection with such goods, and (b) to a general lien for any moneys or charges due to them from the owners of such goods for any services rendered or accommodation provided in relation to the carriage or custody of merchandise, and in case any lien is not satisfied within a reasonable time from the date upon which the Company first gave notice of the exercise of their lien to the owners of the goods, the goods may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto, and the Company shall account to the owners of the goods for any surplus.

The general lien conferred by this Condition shall not prejudice an unpaid Vendor's right of stoppage in transitu.

CONDITION 15.

Where perishable goods—

(a) are refused by consignee ; or

(b) are not to be carted by the Company and are not taken away from the station of destination within a reasonable time after arrival ; or

(d) are not delivered in consequence of riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(e) are not delivered in consequence of damage or obstruction to the railway caused by flood or landslip where no reasonable alternative route is available ;

the goods may be sold by the Company and payment or tender of the proceeds of any such sale after deduction of all proper charges and expenses in relation thereto shall (without prejudice to any claim or right which the sender or consignee may have against the Company otherwise arising under these Conditions) discharge the Company from all liability in respect of such goods or the carriage or delivery thereof.

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the goods.

(ii) Where the goods are not carried through to the destination to which they were consigned by the sender, the charges payable to the Company shall be those in operation for the journey actually completed, but shall not exceed the charges for the full transit.

CONDITION 16.

Where goods (other than perishable)—

(a) are held " To wait order " or " To be kept till called for " and such order is not given, or such goods are not removed within a reasonable time ; or

(b) are of a description for which the Company have not or do not provide accommodation at the place of destination ; or

(d) are refused by the consignee, or not delivered because the consignee is not known, and in either case the sender fails to take delivery, or to give the instructions for disposal ;

Provided that—

(i) The Company shall do what is reasonable to obtain the value of the goods.

(iii) The power of sale shall not be exercised (a) where the name and address of the sender or the consignee is known unless the Company shall have sent notice in writing by post or otherwise to the sender or consignee that the goods will be sold if not taken away within 14 days ; or (b) where in the case of goods carried by Merchandise train the names and addresses of the sender and consignee are not known unless the Company shall have published by advertisement in a newspaper circulating within the district where the goods are held, or from which they were sent, if in Saorstat Eireann, notice of their intention to hold such sale unless the goods are taken away within 14 days after such publication; or (c) where, in the case of goods, carried by Passenger train, the names and addresses of the sender and consignee are not known, unless the Company shall have retained the goods in their possession for not less than three months.

CONDITION 17.

The Company shall not in any case be liable for—

(a) loss of a particular market, whether held daily or at intervals; or

(b) indirect or consequential damages ; or

(c) subject to these Conditions; loss, damage or delay to the extent to which the same is proved by the Company to have been caused by or to have arisen from—

(i) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause, whether partial or general ; or

(ii) consignee not taking or accepting delivery within a reasonable time.

CONDITION 18.

In the event of any loss of or damage or delay to goods arising from a defect in a truck or sheet not belonging to or provided by the Company, and upon proof by the Company that such loss, damage or delay was not due to any negligence of the Company or their servants, the Company shall not be liable for—

(a) loss of or damage or delay to goods contained in such truck or covered by such sheet arising from any such defect ; or

(b) loss of or damage or delay to merchandise which may be suffered by the Trader by whom such defective truck or sheet is provided and results from such defect.

CONDITION 19.

Where loading or covering is performed by the sender, the Company shall not be liable for loss of or damage or delay to goods so loaded or covered upon proof by the Company that such loss, damage or delay would not have arisen but for faulty and or improper loading or covering on the part of the sender. For the purpose of this Condition goods shall not be deemed to be loaded or covered in a faulty and/or improper manner if loaded or covered in the manner directed by the Company.

CONDITION 20.

In the absence of written notice to the contrary given to the Company at the time of delivery to them, all goods (apart from the want of proper protection by packing) are warranted by the sender to be fit to be carried or stored in the condition in which they are handed to the Company, and not to be merchandise included in the Dangerous Goods Classification or unclassified merchandise of a kindred nature.

CONDITION 21.

Any goods which, by the Company's Regulations, passengers are permitted to take with them, shall be subject to the limitations of liability contained in these Conditions.

CONDITION 22.

Goods will be carried subject to any Conditions of Carriage included in the Conditions and Regulations in the Classification of Merchandise for Conveyance by Railway from time to time in force.

CONDITION 23.

CONDITION 24.

The Company shall not in any case be liable for loss or damage directly occasioned by the failure of the Trader to comply with Conditions 1 and/or 2 hereof.

CONDITION 25.

Subject to these Conditions, the rights and liabilities of the Trader and the Company respectively, whether at Common Law or under any Statute, shall remain unaffected.

CONDITION 26.

These Conditions shall apply by whatever route the goods are carried.

CONDITION 27.

Any special Conditions which may from time to time be settled by the Railway Tribunal in relation to the carriage of goods of a particular nature or description shall, in respect of such goods, prevail to the extent that such Conditions are in conflict with any of these Conditions.

CONDITION 28.

CONDITION 29.

PART V.

REGULATIONS FOR THE ADDRESSING OF MERCHANDISE WHEN CARRIED BY MERCHANDISE TRAIN.

1. Each article or package shall (except as hereinafter provided) bear—

(a) The Consignee's full name and address in legible and durable characters ; or

(b) A legible and durable distinguishing mark with a label (on the letter-card principle) stating on the outside the name of the station or place of destination, and on the inside the name and address of the Consignee.

(c) In the case of Wait Order traffic, a legible and durable distinguishing mark, together with the name of the station or place of destination, and the full name and address of the person to whose order the article or package is sent.

2. Where a consignment consisting of more than ten articles or packages of the same or of a similar description of merchandise is forwarded to the same Consignee the following provisions may be adopted :

Number of articles or packages

11 to 100

Not less than one article or package in every five shall be (a) addressed in accordance with Regulation

	1 hereof, and (b) marked to show the total number of articles or packages forming the consignment provided that a minimum number of ten articles or packages shall be addressed and marked as aforesaid in each consignment
Over 100.	Not less than one article or package in every ten shall be (a) addressed in accordance with Regulation I hereof, and (b) marked to show the total number of articles or packages forming the consignment provided that a minimum number of twenty articles or packages shall be addressed and marked as aforesaid in each consignment.

Provided that where it is not possible for the Trader to indicate the total number of packages forming a consignment to be despatched by him; each part of the consignment when delivered to the Company must be labelled in accordance with this Regulation as if the same were a separate consignment.

3. Subject to Regulation 2 hereof, metal bars, rods, tubes, plates, sheets, forgings, castings, chains and any other similar merchandise shall have the addressing particulars as provided in Regulation 1 hereof conspicuously shewn in legible and durable characters—

(a) On wooden, metal or other durable tallies fastened to the merchandise by wire ; or

(b) Painted, stencilled or otherwise legibly and durably specified on the merchandise.

Provided that bars, rods, tubes and other articles which do not afford a suitable surface for painting or stencilling shall be securely bound into bundles convenient for handling, by wire, rope or other material to which the Company has given its approval in writing, and that such bundles shall have attached thereto tallies as provided by this Regulation.

4. (a) Hides, skins, pelts or other merchandise carried loose shall have labels, or wooden, metal or other suitable tallies affixed, and addressed in accordance with Regulation 1 or 2 hereof ;

(b) Shell fish in bags shall have labels of parchment, linen or strong manilla paper affixed, and addressed in accordance with Regulation 1 or 2 hereof.

5. Every label, tally, address or mark shall be securely fastened or affixed to the article or package.

6. All old or conflicting labels or addresses shall be removed or entirely obliterated before the article is tendered for carriage.

7. These Regulations shall not apply to—

(a) Returned empties, when legibly branded with the owner's name and address ;

(b) Merchandise for which the exclusive use of a wagon is provided by the Company ;

(c) Articles identical in all respects, or packages of uniform description and siz containing merchandise identical in all respects when such articles or packages are forwarded in consignments of two tons and upwards from one sender to one station or place of destination ;

(d) Flour, bran, meal, pollard and cattle feeding stuffs forwarded in consignments of one ton and upwards from one sender to one station or place of destination.

REGULATIONS FOR THE ADDRESSING OF MERCHANDISE (OTHER THAN MILK IN CANS, CHURNS OR BUTTS) WHEN CARRIED BY PASSENGER TRAIN OR OTHER SIMILAR SERVICE.

1. Except as hereinafter provided—

(A) Each article or package shall bear the full name and full address of the Consignee and also, when so required by the Company, the name of the station or place of destination; provided that this Regulation shall not apply to merchandise carried in truck loads and forwarded from one Sender to one Consignee.

(B) Each animal, or package containing Live Stock, shall bear a label, securely attached thereto, on which shall be shewn in legible and durable writing—

(i) The full name and full address of the Consignee, and

(ii) The name of the station or place of destination.

Exceptions—

(a) Cattle, lambs, sheep, pigs, turkeys or geese carried in truck loads, and forwarded by one Sender to one Consignee.

(b) Poultry, pigeons, rabbits, cavies and dogs consigned to a Show and intended to be returned unsold to the original forwarding station after the Show, in which case each package, also each dog (unpacked), shall have securely attached thereto a label, in the form approved by the Company, on which shall be shewn in legible and durable writing—

(i) The full name and full address of the Consignee.

(ii) The name of the station or place of destination.

(iii) The full name and full address of the Sender.

(iv) The name of the station to which the Live Stock is to be returned after the Show.

2. Where a consignment of dry fish consists of more than ten packages, not less than one package in every five shall be addressed in accordance with Regulation 1 hereof, and the total number of packages forming the consignment shall be stated on each such label; provided that a minimum number of ten packages shall be addressed and marked as aforesaid in each consignment.

3. In the case of a consignment of wet fish, one of the following methods of addressing shall be adopted—

(a) Where the merchandise is regularly forwarded by the Sender, two labels shall be affixed to each package bearing the full name and full address of the Consignee and the name of the destination station printed in conspicuous type, with the full name and full address of the Sender and the name of the forwarding station printed in smaller type at the foot of the label. Where the merchandise is not regularly forwarded by the Sender, the full name and full address of the Consignee and the name of the destination station may be conspicuously written in ink on labels which are otherwise addressed as aforesaid ; or

(b) Where the merchandise is regularly forwarded by the Sender, a label shall be affixed to each package bearing the full name and full address of the Consignee and the name of the destination station printed in conspicuous type, with the full name and full address of the Sender and the name of the forwarding station printed or impressed by a rubber stamp in smaller type at the foot of the label. Where the merchandise is not regularly forwarded by the Sender, the full name and full address of the Consignee and the name of the destination station may be conspicuously written in ink on a label which is otherwise addressed as aforesaid ; or

(c) Where the merchandise is regularly forwarded by the Sender, two labels shall be affixed to each package. One label shall bear the full name and full address of the Consignee printed in conspicuous type with the full name and full address of the Sender, and the name of the forwarding station printed or impressed by a rubber stamp in smaller type at the foot of the label. The other label shall bear the name of the destination station only, printed in conspicuous type, and shall be placed on the top of the first mentioned label and affixed so as to permit of access to such label. Where the merchandise is not regularly forwarded by the Sender, the full name and full address of the Consignee may be conspicuously written on one of two such labels which are otherwise addressed as aforesaid ; or

(d) Where the merchandise is regularly forwarded by the Sender, two labels shall be affixed to each package bearing the name of the destination station printed in conspicuous type with the full name and full address of the Sender and the name of the forwarding station printed in smaller type at the foot thereof and the full name and full address of the Consignee printed on the reverse side thereof. Where the merchandise is not regularly forwarded by the Sender, the name of the destination station may be conspicuously written in ink on the front and the full name and full address of the Consignee on the reverse side of such labels which are otherwise addressed as aforesaid.

(e) Where the Company accept the merchandise consigned " to order " at any British port, the merchandise shall be labelled in accordance with the preceding provisions (a to d) except as to the insertion of the full name and full address of the Consignee, and the name of the destination station, and such omitted particulars shall be telegraphed by the Consignor to the Agent of the British Railway Company at the port concerned and reach him before the arrival of the consignment at such port.

4. Metal bars, rods, tubes, plates, sheets, forgings, castings, chains and any other similar merchandise shall have the addressing particulars as provided in Regulation 1 (A) hereof conspicuously shewn in legible and durable character—

(a) On wooden, metal or other durable tallies fastened to the merchandise by wire ; or

(b) Painted, stencilled or otherwise legibly and durably specified on the merchandise.

5. (a) Any article or package accepted for carriage " to be kept till called for " shall bear the full name of the Consignee, the name of the destination station and the full name and full address of the Sender ;

(b) Except as provided by Regulation 3 (e) hereof packages addressed to the order of particular firms will not be accepted for conveyance unless such firms or their agents are prepared to take delivery at the address shewn on the package or at the station to which the packages are consigned.

6. (a) Tag or tie-on labels shall consist of wood, metal, parchment, linen or strong manilla paper ;

(b) The label, whether adhesive or otherwise, shall be securely fastened or affixed to the article or package, and the name and address shown in conspicuous, legible and durable characters ;

(c) In the case of wet fish the labels, which must consist of wood, metal, parchment, linen or strong manilla paper, shall be affixed face upwards and be secured (where circumstances permit) by not less than two nails, one at each end thereof ;

(d) In the case of fish all labels and addresses shall, when practicable be placed at the end or ends of the package ;

(e) When wickerwork or chip receptacles are used, the labels shall not be affixed by inserting them in such materials nor in any case under the string by which the package or article may be fastened, nor under the cross bar securing the cover of the package.

7. All old or conflicting, labels or addresses shall be removed or entirely obliterated before the article is tendered for carriage.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Standard Terms and Conditions of Carriage. S.I. No. 13/1930 URL: http://www.bailii.org/ie/legis/num_reg/1930/0013.html

Irish Statutory Instruments

S.I. No. 13/1930 -- Standard Terms and Conditions of Carriage.