Page:United States Statutes at Large Volume 60 Part 2.djvu/527

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1616 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. together with certificate of weight, duly in order. Certificate of origin to be furnished by sellers where required. 5. Sellers to deliver the rice overside and buyers to take the rice, including loose rice and allotted sweepings in accordance with con- ditions of Charter Party (or bills of lading if no Charter Party) from ship's side, paying all expenses therefrom, including the filling and repairing of bags, new bags and lighterage, port dues and import dues, if incurred. 6. The rice is not to be rejected on account of inferior quality but the buyers are to be entitled to an allowance, to be ascertained, if necessary, by arbitration as provided for in Clause No. 8 should the sound average of any shipment turn out inferior to about as per the quality contracted for as described above. The samples are to be drawn when landing not sea or ship damaged and their correctness certified and forwarded to the London Rice Brokers' Association. Sampling to be carried out in accordance with the prevailing custom of the port. 7. All goods included in this contract are guaranteed to contain not more than one-half per cent, added mineral matter and to be of the nature, substance and quality stated or described and to conform with the requirements of the Sale of Food and Drugs Act and of all regula- tions affecting such goods including the regulations relative to pre- servatives and coloring matter. Broken rice not of British origin is guaranteed to contain less than two per cent of whole rice. 8. Any dispute arising on this contract shall be referred for settle- ment to the arbitration of two members of this Association or their umpire, being also a member of this Association. Each party to appoint one arbitrator and having the right of rejecting one nominee (the term member to include associate member). In the event of any party omitting to nominate an arbitrator within ten days of receipt of notice of appointment of an arbitrator by the other party, or of the arbitrators failing to agree on the appointment of an umpire, the Committee of the London Rice Brokers' Association, in either case, shall have power to appoint one forthwith, who shall act on behalf of and as if nominated by the party or parties in default. Arbi- tration on quality shall be claimed and the Claimant's arbitrator shall be nominated within 14 days of receipt in London of the arbitration sample or samples by the buyer or broker which sample shall be for- warded to London with due despatch or within 14 days of vessel breaking bulk whichever be the later and the arbitration held without delay. Claims for arbitration other than arbitration on quality shall be made and the claimant's arbitrator shall be nominated without undue delay. No claims can be entertained unless made and arbitrator nominated within six months after the arrival of the vessel or within six months of the date of any breach or default complained of which- ever be the later date. The parties to the arbitration shall have the right of appealing against any award except on questions of law, within five clear working days to the London Rice Brokers' Asso- ciation, whose decision except on questions of law shall be final. Any