Order Prescribing Terms and Conditions for the Transmission of Telegraph and Cable Messages
1. This Order may be cited as the Telegraph and Cable Messages Terms and Conditions Order.
2. The terms and conditions set out in the schedule are prescribed as the terms and conditions upon which telegraph and cable messages shall be transmitted and dealt with by telegraph and cable companies subject to the jurisdiction of the Commission.
TERMS AND CONDITIONS
1. It is agreed between the sender of the message on the face of this form and this Company that said Company shall not be liable for damages arising from failure to transmit or deliver, or for any error in the transmission or delivery of any unrepeated telegram, whether happening from negligence of its servants or otherwise, or for delays from interruptions in the working of its lines, for errors in cypher or obscure messages, or for errors from illegible writing, beyond the amount received for sending the same.
2. To guard against errors, the Company will repeat back any telegram for an extra payment of one-half the regular rate; and, in that case, the Company shall be liable for damages suffered by the sender to an extent not exceeding $200, due to the negligence of the Company in the transmission or delivery of the telegram.
3. Correctness in the transmission and delivery of messages can be insured by contract in writing, stating agreed amount of risk, and payment of premium thereon at the following rates, in addition to the usual charge for repeated messages, viz.: one per cent for any distance not exceeding 1,000 miles, and two per cent for any greater distance.
4. This Company shall not be liable for the act or omission of any other company, but will endeavor to forward the telegram by any other telegraph company necessary to reaching its destination, but only as the agent of the sender and without liability therefor. The Company shall not be responsible for messages until the same are presented and accepted at one of its transmitting offices; if a message is sent to such office by one of the Company’s messengers, he acts for that purpose as the sender’s agent; if by telephone, the person receiving the message acts therein as agent of the sender, being authorized to assent to these conditions for the sender. This Company shall not be liable in any case for damages, unless the same be claimed, in writing, within 60 days after receipt of the telegram for transmission.
5. No employee of the Company shall vary the foregoing.
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