[Telegram from H. Kempner, December 22, 1966] Page: 2 of 2
[1] p. ; 26 x 21 cm.View a full description of this letter.
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thl svist itf tu imitesi ge atd the TAle;raph Cottpaiy as follows:
1. The Telegraph Company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the unrepeated-
message rate beyond the sum of five htdred dollars: nor for misttilkes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the repeated-
inessage rate beyond the sum of live thousand dollars, unless specially valued; nor in any case for delays arising from unavoidable interruption in the working of its lines.
2. in any event the Telegraph Company shall not be liable for damages for mistakes or delays in the transmission or delivery, or for the non-delivery, of any message, whether
caused by the negligencti of its servants or otherwise, beyond the actual loss, not exceruling in any event the sut of five thousand dollars, at which amount the sender of each mess:eo
represents that the message is valued, winless a greater value is stated in writing by the sender thereof at the time the message is tendered for transmission, and unless the repeated-messag<
rate is paid or agreed to be paid and an additional charge equal to one-tenth of one per cent of the amount by which such valuation shall exceed five thousand dollars.
3. Tile Telegraph Company is hereby made the agent of the sender, without liability, to forward this message over the lines of any other company when necessary to reach its
destination.
4. The applicable tariff cha rges on a message destined to any point in the continental United States listed in the Telegraph Company's Directory of Stations cover its delivery within
the established city or community limits of the destination point. Beyond such limits and to points not listed in the-Telegraph Company's Directory of Stations, the Telegraph Company do
not untlertake to mae delivery ht will endeavor to arrange for t-livery by any available means as the atent of the sender, with the understanding that the sender authorizes the collection
of any additional charge from the addressee and agrees to pay such additional charge if it is not collected from the addressee.
5. No responsibility attaches to the Telegraph Company concerning messages until the same are accepted at one of its transmitting offiees; and if a message is sent to such omee by
one of the Telegraph Company's messengers, he acts for that purpose as the agent of the sender; except that when the Telegraph Company sends a messenger to pick up a message, the men
senger in that instance acts as the agent of the Telegraph Company in accepting the message, the Telegraph Company assuing responsibility from the time of such acceptance.
6. The Telegrapih Company will not be liable for damages or statutory penalties when the claim is not presented in writing to the Telegraph Company, (a) within ninety dt
after the message is filed with the Telegraph Company for transmission in the ease of a message between points within the United States (except in the ease of an intrastate message it
Texas) or between a point in the United Slates on the one hand and a point in Alaska, Canada, Mexico, or St. PierreMiquelon Islands on the other liand, or between a point in the UiMit
States and a ship at sea or it the air, (b) within 95 days after the cause of action, if any, shall have arrted in the cate of an intrastate message in Texas, and (c) within 180 days alt
the message is tilei] with the Telegraph Company for tranumtissior in the case of a messrce between a. point in the United Staes and a foreign or overseas point other than the point
specified above In this paragraph; provided, however, that this condition shall not apply to claims for damages or overcharges within the purview of Section 415 of the Communication
Act of 1934, as amended.
7. It is agreed tMat in any action by the Telegraph Company to recover the tolls for any message or messages the prompt and correct transmission and delivery thereof shall b
presumed, subject to rebuttal by competent evidence.
8. Special terms governing the transmission of messages according to their cLtsses, as enumerated below, shall apply to messages in each of such respective classes in addition t.
n!a lie foretetg m terms.
CLASSES OF SERVIt
DOMESTIC SERVICES
TELEGRAM FULL RATE (F
The Parest domietic service. The fastest ov r
pressed in Roman itlt
DAY LETTER (DL)
LETTEr TLE
A deferred same-day ser L
NIGHT LETTER (NL,
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H. Kempner (Firm). [Telegram from H. Kempner, December 22, 1966], letter, December 22, 1966; (https://texashistory.unt.edu/ark:/67531/metapth1300735/m1/2/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rosenberg Library.