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HARDWOOD RECORD 



April 10, 1921 



Proposed Hardwood Sales Code 



The Lumbermen's Club of Memphis, at its regular semi-monthly 

 meeting at the Hotel Gayoso, Saturday afternoon, April 2, by unani- 

 mous vote, authorized the Sales Code committee of this organization 

 to launch a vigorous publicity campaign designed to bring about 

 adoption by the National Hardwood Lumber Association of the Sales 

 Code which was, by a similar vote, approved by the club at its meet- 

 ing March 19. 



This action followed a report by John W. McClure, chairman of 

 the inspection rules committee of the association, that the board of 

 managers and the inspection rules committee of the latter, to which 

 the Sales Code was submitted during the week, had declined formal 

 action thereon on the ground that it represented a departure from 

 the regular activities of this organization and that, for this reason, 

 it must be submited to the entire membership for a vote at the forth- 

 coming annual of this body. The Sales Code was laid before the two 

 committees of the association at Chicago by Mr. McClure and by 

 Earl Palmer, a former president of the organization and one of its 

 prominent members. Mr. Palmer had not returned to Memphis at 

 the time of the meeting and no report had been received from him 

 up to this writing. Mr. McClure indicated, however, that, although 

 the inspection rules committee did not take formal action, the senti- 

 ment of every member of the committee present was strongly in 

 favor of the code as presented. 



The report made by Mr. McClure April 2 paved the way for formal 

 announcement of the adoption of the Sales Code and of the campaign 

 to be launched in favor of its adoption by the association. 



The Sales Code committee is composed of J. H. Maassen, Chicago 

 Lumber & Coal Company, chairman; T. E. Sledge, May Brothers, and 

 H. W. Baker, Baker-Matthews Lumber Company, all of Memphis. 

 Mr. Sledge stated at the meeting Saturday afternoon that the com- 

 mittee proposed to have the code printed in pamphlet form for dis- 

 tribution to each member of the National Hardwood Lumber Associ- 

 ation in the immediate future and that a letter was in preparation 

 which would accompany the code, urging each member to vote in 

 favor of its adoption at the forthcoming annual at Philadelphia in 

 June and inviting each to submit an_y criticisms or suggestions that 

 might occur to him. The committee believes it can answer any 

 reasonable criticisms or objections that may be made and that, by 

 answering these and by conducting a vigorous campaign in behalf of 

 tne code, secure its adoption on the floor of the convention. In any 

 event, this is the plan the committee will pursue and it is quite clear 

 that the club, through this committee, will make an energetic 

 effort to eliminate what trade abuses may yet remain in the hard- 

 wood lumber industry. The need for such a code has been emphasized 

 by the flagrant cancellations and other practices which have charac- 

 terized the present period of depression. 



The committee feels strongly that the Sales Code is both necessary 

 and desirable and is emphasizing, in its letter to members of the 

 association, that it is fair alike to "consumers, yards, retailers, 

 wholesalers and producers." In this connection, it may be stated 

 on the authority of the chairman of the Sales Code committee that 

 no effort will be spared that promises to contribute in any degree to 

 the success of the movement wliich is now fairly launched and 



Editor's Note : In cwplanation of the fact that this story did not 

 appear in the MarcJi. 25 issue of Hardwood Record, wc will state that the 

 code was adopted at the March 19 meeting of the Lumbermen's Club of 

 Memphis and has been in the hands of Hardwood Record's correspondent 

 sifice then, but that the mcjnbers of the sales code committee and officials 

 of the club specifieally requested that press representatives withhold all 

 pubUeity relative to the code itself or the contemplated activity of the 

 organisation in its behalf until the instrument had been submitted, as u 

 matter of courtesy, to the inspection rules committee of the board of 

 managers of the National Hardwood Lumber Association. Hardwood 

 Record has curefully observed this request. 



which is certain to grow in strength and intensity as the annual of 

 the association approaches. 



The full text of the Sales Code follows: 



All quotations, orders, acceptances and contracts covering the sale of 

 forest products containing the clause "SUBJECT TO THE INSPECTION 

 EDLES, REGULATIONS AND SALES CODE OP THE NATIONAL 

 HARDWOOD LUMBER ASSOCIATION" shall be governed and con- 

 trolled (with such exceptions as are specifically made in writing) by the 

 following : 



SALES CODE 



CONTINGENCY CLAUSE: 



All contracts are made under a "contingency clause," which exempts 

 delays in fufillment of contracts that are caused directly by fires, floods, 

 strikes, inability to secure cars, delays of carriers, disasters of Nature or 

 acts of God. Either party claiming privileges under this clause. If called 

 upon to do so, must fully substantiate the validity and correctness of his 

 claim. 

 QUOTATIONS : 



(1) Quotations made ("subject to the Inspection rules, regulations and 

 sales code of the National Hardwood Association") and accepted by the 

 buyer without reservation will be binding on each, buyer and seller. 



(2) When, In telegrams, the words ("National Code") are used, it shall 

 be construed to mean ("subjei^t to the inspection rules, regulations and 

 sales code of the National Hardwood Lumber Association"). 



(3) All quotations are made subject to prior sale, immediate accept- 

 ance, change without notice and credit approval by the seller. 

 PRICES QUOTED DELIVERED : 



The term ("F. 0. B. DESTINATION") or ("FREIGHT ALLOWED 

 DESTINATION") Includes only the lawful line haul puliiishcd freight 

 rate in effect on date of quotation. All switching charges, demurrage and 

 other terminal charges at point of destination, and all tax and duty 

 assessed by municipality, state or government on freight or goods to be 

 paid by the buyer. Any increase in rate of freight made effective between 

 date of quotation and shipment shall be borne by the buyer ; likewise, 

 any decrease shall be credited to the buyer. 

 ORDERS AND ACKNOWLEDGMENTS: 



(1) An order from a buyer is to be recognized only as a part of the 

 contract and should show in writing the terms of payment and conditions 

 governing the order. Where the buyer fails in this, if the seller's home 

 olBce accepts the order, such order is binding only as to quantity, kind, 

 grades and prices. If seller's written quotation specifies terras of pay- 

 ment and other conditions, then such quotation is to be binding as to 

 terms and conditions governing the order. In the event such quotation 

 does not specify terms of payment and conditions, then the seller's acknowl- 

 edgment, stating such terms of payment and conditions, is to be recog- 

 nized as the other part of the contract. 



(2) A MINIMUM CARLOAD of lumber shall be construed to mean a 

 car loaded to not exceeding 10 per cent above the minimum weight as 

 required by the initial transportation line, figured at weights published by 

 the National Hardwood Lumber Association. 



(3) A CARLOAD of lumber shall be construed to mean a car loaded to 

 not less than minimum weight, and it may contain up to the capacity of 

 the car it is loaded In. 



(4) Where a specified number of feet is ordered to go Into one car, 

 the seller is obligated to load the amount specified, with variation allowed 

 of not over 10 per cent. 



(5) Where an order calls for a specified number of feet to be loaded 

 in more than one car, the seller is privileged to load more or less of the 

 required amount in the last car to complete the order in carload lots. 

 Either buyer or seller is privileged to call the order complete when less 

 than a carload remains unshippnd. If the last car to complete the contract 

 causes the total amount shipped to exceed the amount specified in the 

 order, then said last car must not be over a minimum carload except by 

 mutual agreement. 



(6) Prompt shipment shall mean within thirty days from date of 

 seller's acknowledgment. 



DELIVERY AND DELAY : 



Signed bill of lading by a common carrier shall constitute delivery. 

 Seller does not insure or guarantee the buyer against delays or damage 

 in transit. 

 UNLOADING AND INSPECTING: 



(1) On arrival of sliipment at destination, buyer shall uuload car and 

 pay the freight. Payment of the freight or invoice shall not be considered 

 as an acceptance of the shipment, nor shall such payment forfeit the 

 rights of the buyer to enter complaints and make corrections. 



(2) In the event of a difference on grade and (or) sliort^ge in meas- 

 urement, the buyer shall hold the entire shipment intact, properly pro- 

 ected, and file with the seller detailed report showing his measurement and 

 Inspection and complaint. If any, within five (5) days after receipt of ship- 



