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Conditions on which merchandise is to be carried.
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42.—(1) On and after the date so fixed as aforesaid the terms and conditions upon and subject to which merchandise is, apart from special contract, to be carried by the amalgamated company shall be company's risk conditions, and those conditions shall apply without any special contract in writing to the carriage of merchandise at ordinary rates:
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Provided that, in any case where an owner's risk rate is in operation and the company has been requested in writing to carry at that rate, the terms and conditions upon and subject to which such goods shall be carried shall be owner's risk conditions.
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(2) The terms and conditions upon and subject to which damageable goods not properly protected by packing (if accepted for carriage) shall be carried by the amalgamated company, shall be the conditions settled by the railway tribunal as aforesaid, but the company shall not be under any obligation to carry damageable goods not properly protected by packing.
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(3) Nothing in this Act shall preclude the company and a trader from agreeing in writing, subject to the provisions of the Railway and Canal Traffic Acts, 1854 and 1888, to any terms and conditions they think fit for the carriage of merchandise, live stock or damageable goods not properly protected by packing, or dangerous goods.
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