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CHAPTER XIII. FEED GRADE COTTONSEED
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Article 1. Definitions of
Words and Terms
RULE
F- 1: Applicability.
Feed grade cottonseed is that intended for feeding to livestock. Unless
otherwise specified, all rules in Chapter XIII shall apply to feed grade
cottonseed, either before or after mechanical removal of linters.
RULE
F-2: A Contract.
Unless otherwise specified, contracts shall be expressed as a specific
number of tons as defined in Rule 25. Contracts covering more than one
carload or truckload shall be construed as divisible and not entire, so
that default, in quantity or quality, on one or more cars or trucks shall
be treated as a separate contract for purposes of quality
determination.
Nothing in the Rule shall prevent buyer and seller from agreeing to
average out weights on contracts involving shipments over more than one
month or to more than one consignee.
RULE
F-3: A Conveyance.
Except in cases where the railroad tariff specifies a higher minimum
weight, a car of Feed Grade Cottonseed shall be 60 tons. If gondola cars
are used, a gondola of Feed Grade Cottonseed shall be 85 tons unless
otherwise stated.
Barges: A standard barge shall be 1,100 tons unless otherwise
stated.
Trucks: A truck shall be 23 tons unless otherwise stated.
Settlements for overweights and underweights shall be made in accordance
to Rule F-7.
Article 2. Grade and
Quality
RULE
F-4: Prime Feed Grade Cottonseed.
Prime Feed Grade Cottonseed shall meet the following criteria:
Foreign substances shall not exceed 2 percent.
Moisture shall not exceed 13 percent.
Free fatty acids in the oil shall not exceed 3 percent.
Crude protein and crude fat (dry matter basis) will be at least 34 percent
when the separate totals for each are combined.
Cottonseed of the Pima variety or other varieties of long staple cotton
containing 3 percent or less residual lint on seed after ginning, or
admixtures containing such seed must be identified as such at the time of
sale.
RULE
F-5: Delinted Prime Feed Grade Cottonseed.
Delinted prime feed grade cottonseed shall be mechanically delinted. Lint
on seed shall not exceed 5 percent. Foreign substances shall not exceed 1
percent. Moisture shall not exceed 13 percent. Free fatty acids in oil
shall not exceed 3 percent. Crude protein and crude fat (dry matter basis)
will be at least 37-1/2 percent when the separate totals for each are
combined.
RULE
F-6: Feed Grade Cottonseed, Off Quality.
Feed Grade Cottonseed, off quality, are those that do not meet the
specifications of Rule F-4.
Article 3. Adjustments
and Variations
RULE
F-7: Quantity Variations.
If a contract for feed grade cottonseed is for one carload or less, a
variation of 10 percent above or below contract quantity shall constitute
a good delivery as to weight. If the contract is for a quantity in excess
of one carload, a variation of 5 percent above or below contract quantity
shall constitute a good delivery, provided 5 percent does not exceed 5
tons. Settlement for overweights or underweights shall be made in
accordance with Rule 41.
RULE
F-8: Settlements.
Sec. 1. No claims for deficiency in combined protein and fat shall be made
by the buyer unless such deficiency shall exceed 1/2 unit of combined
protein and fat.
Sec. 2. A good delivery is, if within l - 1/2 units of guaranteed combined
protein and fat and within 2 units of guaranteed moisture.
Sec. 3. Settlement prices shall be reduced in such proportion as the
deficiency bears to the guarantee, with the exception of free fatty acids
in the oil. Reductions for excess free fatty acids in the oil shall be
computed as follows:
1. Above 3 percent, but below 6 percent, the factor shall be 1/4 of 1
percent for each 1 percent in excess of 3 percent, fractions in
proportion.
2. 6 percent and above; the factor shall be 1/2 of 1 percent for each 1
percent in excess of 3 percent, fractions in proportion.
Sec. 4. Reductions in price made according to Sections 1, 2 and 3 of this
Rule shall be based on the contract price minus cheapest published tariff
freight in cases of c.a.f. or delivered contracts, and on the contract
price in cases of f.o.b. or basis f.o.b. contracts.
Sec. 5. If a product is sold on sample, the permissible variations in
analysis and in other quality factors shall be in accordance with this
Rule and Rule F-9, unless otherwise specified in the contract.
RULE
F-9: Variation in Value.
Where all or any portion of a shipment of a product equals 90 percent or
more of contract value, on the basis of quality, buyer shall accept
delivery at an allowance to be agreed upon or fixed by arbitration. If the
value of a product does not equal 90 percent or more of contract value,
the buyer may reject. Value under this Rule shall be determined as the
basis of contract price. The variation permitted in this Rule is exclusive
of that permitted under Rule F-8 and a product may be rejected under that
Rule even though it equals 90 percent or more of contract value.
Article 4. Performance of
Contract
RULE
F-10: Default in Acceptance or Delivery.
If seller delivers feed grade cottonseed in the quantity and of the
quality contracted for, within the shipping period (s) specified in the
contract, and buyer fails or refuses to accept any portion of such
cottonseed, the seller may treat such portion as breached by buyer and, if
he elects to do so, he shall proceed in accordance with Rules 50, 51, 52
and 53. Such action by the seller shall not affect the balance of a
contract which shall remain in full force and effect.
If seller fails to deliver cottonseed in the manner specified in the
contract, the buyer may treat the contract as breached by the seller and,
if he elects to do so, he shall proceed in accordance with Rules 50, 51,
52 and 53.
RULE
F- 11: Shipping Instructions.
Sec. 1. Specified or Scattered Shipments. In the case of contracts for
delivery on a basis other than quick, immediate or prompt, either buyer or
seller may, at the time the contract is made or at least five (5) days
prior to the beginning of the contract delivery period, furnish the other
contracting party with a shipping schedule. Unless such a schedule is
rejected in writing by either contracting party at least two (2) days
prior to first shipping date, it shall be considered part of the contract.
If the contracting parties cannot agree on such a schedule or if no
schedule is furnished by either party, it shall be understood that
shipments will be made on a scattered basis as defined in Rule 28.
Sec. 2. Equipment Requirements and Complete Instructions. Where shipments
are to be made on a scattered or specified basis, the buyer shall furnish
the seller with equipment requirements at least seven (7) days prior to
scheduled shipments. If, at the time of loading, shipping instructions
have not been furnished in accordance with the terms of the contract, the
shipper may load a box car (or a hopper car in the case of delinted
cottonseed). At least one day prior to scheduled shipment, buyer must
furnish complete shipping instructions which shall permit seller to ship
in an orderly manner and to complete shipment according to schedule and
within the contract period.
If buyer requires seller to provide railroad owned equipment, so long as
proof is available that the seller ordered the railroad owned equipment in
a timely manner, the seller shall not be responsible if equipment fails to
arrive as ordered by schedule, thus the seller shall not be held
responsible for failure of providing loaded cars to the buyer.
Sec. 3. Other Shipments. When contracts call for quick or immediate
shipment, buyer shall furnish shipping instructions within 24 hours of
date of contract. When sold for prompt shipment, buyer shall furnish such
instructions within 5 days of date of contract.
Sec. 4. Failure or Refusal to Furnish Instructions. Failure or refusal by
the buyer to furnish shipping instructions, as required by this Rule,
shall give the seller the options, during the contract period or within
five (5) days after expiration thereof, (1) to load car or cars on
schedule and to place same on track, notifying buyer and railroad that all
charges are for buyer's account; or (2) to treat as breached by the buyer
all or any part of the contract for which such instructions have not been
furnished. If seller elects the latter option, he must proceed as provided
in Rules 50, 51, 52 and 53.
Sec. 5. Extension of Contract. Nothing in this Rule shall prevent buyer
and seller from agreeing to extend a contract beyond its expiration date.
The terms of such an extension shall be exchanged in writing within five
(5) days after the contract's expiration date; and the five (5) day
period, referred to in Sec. 4, shall apply at the end of the extension
period.
RULE
F-12: Shipment.
Sec. 1. One or More Months. When a shipping schedule has been established
under Rule F-11, seller must begin shipment in accordance with such
schedule and must complete shipments within the contract period(s), unless
(1) seller has ordered and received railroad assurance of available car or
cars; (2) railroad fails to furnish such cars on schedule; and (3) seller
has notified buyer of the delay.
Sec. 2. Failure or Refusal to Ship. If seller fails or refuses to ship in
accordance with Sec. 1 of this Rule or within such period or periods as
may be specified in the contract, buyer shall have the option to treat as
breached any part of the contract not shipped on schedule. If buyer elects
to do so, he must, within five (5) days after failure of seller to ship on
schedule, proceed as provided in Rules 50, 51, 52 and 53.
Sec. 3. Extension of Contract. Nothing in this Rule shall prevent buyer
and seller from agreeing to extend a contract beyond its expiration date.
The terms of such an extension shall be exchanged in writing within five
(5) days after the original expiration date; and a five (5) day period as
described in Sec. 2, shall apply at the end of the extension period.
RULE
F-13: Notice of Shortage in Weight.
In the case of rail shipment, if the gross weight, taken in accordance
with these Rules, indicates a shortage exceeding 1,000 pounds, buyer must
immediately so notify seller by telegram, stating seal numbers and whether
or not seals are intact. Seller shall have 48 hours in which to examine
the case and the cars shall be held without breaking seals or unloading
during such period. To secure the benefit of this Rule, seller must,
within 5 business hours after receipt of notice of discrepancy, notify
buyer by telegram of his intention.
RULE
F-14: Shipper's Official Weights.
If the shipper, with his invoice, furnishes an official weight certificate
signed by one of the parties described in Rule 66, the weight shown on
that certificate shall govern settlement.
RULE
F-15: Rejection.
Sec. 1. If all or any portion of a shipment is not equal to contract
quality, within the tolerances permitted in Rules F-8 and F-9, the buyer
may reject, and Rule 69 shall apply. If he does so, he must so advise the
seller by telegram within 48 hours after arrival of shipment at
destination.
Sec. 2. If seller is notified of rejection, he shall have the privilege of
replacement with a product of contract quality provided, within 48 hours
of receipt of rejection notice, he informs buyer of his intention to do
so. All replacements shall be for immediate shipment as defined in Rule
28. Each replacement shall be made from the original point of shipment or
from any point if shipper equalizes freight and transit privileges. Only
one replacement is permitted.
Sec. 3. Whether or not seller exercises his privilege of replacement, he
must, within 48 hours after receipt of rejection notice, repay to buyer
all amounts paid out by the buyer on account of the rejected product. If
seller declines to replace or make the refund herein required, buyer must,
to preserve a claim, proceed as provided in Rules 50, 51, 52 and 53.
Sec. 4. If buyer unloads a shipment of a product which he claims to be of
rejectable quality, thereby making it impossible for seller to obtain an
official sample, settlement shall be made on the basis of shipper's
analysis at point of origin.
Article 5. Claims
RULE
F-16: Period for Filing Claims.
All claims shall be made by the buyer within 30 days after the arrival at
first destination.
RULE
F-17: Basis for Claims.
All weight claims shall be supported by a weight certificate, as provided
in Rule 70, showing weight of each car or truck and date of arrival at
destination. Claims for quality shall be based upon each carload or
truckload. All quality claims shall be supported by an official analysis.
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