Voglio sapere a riguardo di…

FEDER AL REGISTER, Thursday, June 8, 1939
agreement and shall conform to all the requirements set forth in the rules and regulations in this part, g A report of every commitment shall be filed with the Statistical Bu reau or Bureaus, within fifteen 15
business days from the date of the making of the agreement. Such report shall set forth all the terms and con ditions of the commitment. A true copy of every contract and of any agree ment for modification thereof shall be filed with the Statistical Bureau or Bu reaus, within fifteen 15 business days from the date of execution of such con tract or agreement for modification :
Provided, however, That a report of the commitment need not be filed if a copy of the contract is filed within fifteen 15 business days from the date of the commitment.
h Each contract shall among other things not inconsistent herewith con tain the following provisions, the mean ing and effect of which shall not be changed or altered by any other provi sions of the contract:
1 This contract and the perform ance of all provisions thereof are ex pressly subject to the Bituminous Coal Act of 1937, and the proper orders and regulations issued thereunder by the National Bituminous Coal Commission.
2 If the price herein named is f. o. b.
any point other than the originating mine, such price shall be increased by the amount and at the time of any in crease in the published freight rate in cluded in such price and becoming effec tive during the period of the contract.
3 The buyer shall notify the seller in writing of all reconsignments or diver sions, except that such notification is not necessary where the coal is pur chased for and used as railroad fuel and the reconsignment or diversion does not result in a change in the applicable min imum price. In the case of any recon signment or diversion, the seller shall charge and the buyer shall pay not less than the applicable minimum price pre scribed for such coal at the time of the reconsignment or diversion for delivery to the destination to which such ship ment is actually delivered and for the use to which it is actually applied.
4 The coal shipped pursuant to this contract is sold and purchased upon the following conditions:
i If the coal is sold for consumption or processing, it shall be used in the plant or plants named herein and for the use stated herein;
ii In case the coal is applied by the buyer to a use other than that stated herein, the buyer shall notify the seller in writing and the seller shall charge and the buyer shall pay not less than the applicable minimum price for such coal in effect at the time of such change in application, for the use to which it is actually applied.!
318.7 Terms of payment. The price and fair trade practice provisions
2315

pending or based upon a determination of the constitutionality of any provision of the Act, of the jurisdiction of the Coal Commission, or the validity or ap plicability of any order of the Coal Commission.
i Where the due date of the ac count is extended by agreement of the parties, express or implied, or where pay ment is made by note, trade acceptance, or other form of indebtedness, the seller shall charge and the buyer shall pay in terest from and after the due date of N o te : As to D istrict No. 16, paragraph the account at the rate of not less than a is applicable only for coal sold to an industrial consumer. As to coal sold to five 5% per centum per annum.

of the Act shall not be evaded or vio lated by a Code Member, or his Sales Agent, or a Distributor, through the use of terms of payment, and in no instance shall terms of payment be more favor able than the following:
a On rail, river, ex-river, or truck shipments, the date of payment of in voices for coal sold shall be on or be fore the twentieth day of the month following the month in which shipment was made.

persons other th an industrial consumers N ote: As to District 16, th e follow ing or railroads, the date of paym ent for in
voices shall be not later th an the te n th sentence shall be added to paragraph i :
10th day of each calendar m onth for Every Code Member or h is Sales Agent all coal shipped during the preceding cal shall each m onth report to the Statistical endar m onth.
Bureau, and the D istrict Board for the Dis in which he is located, every case in b On tidewater cargo shipments the trict which an overdue paym ent or a note, trade date of payment shall be not more than acceptance, or other form of indebtedness, thirty 30 days from date of vessel has been accepted in settlem ent of any ac bill of lading, and where coal is sold count, setting forth all th e conditions of overdue payment, note, trade accept f. o. b. mines for tidewater cargo ship such ance, or other form of indebtedness.

ment, on or before the twentieth day of the month following the month in which the coal is dumped.
c Payment for all tidewater Bunker coal supplied for foreign vessels shall be by cash on delivery or on or before the twentieth 20th day of the month following delivery, or by masters draft on owners in United States currency at not exceeding fifteen 15 days sight at suppliers option. When drafts are accepted in payment, all bank charges for collection, exchange, stamps, etc., shall be for owners account. Payment for tidewater bunker coal supplied for American vessels shall be made by cash on delivery or on or before the twentieth 20th day of the month following de livery, at suppliers option.
Payment for coal shipped for vessel fuel, and delivered into vessels at ports on the Great Lakes or tributary waters thereof, shall be made on or before the twentieth 20th day of the month fol lowing such delivery.
d On lake cargo shipments, the date of payment shall be not more than sixty 60 days from date of vessel bill of loading, and where coal is sold f. o. b.
mines for lake cargo shipments, on or before the twentieth 20th of the sec ond month following the month in which dumped.
e On all coal sold to railroads, the date of payment shall be on or before the twenty-fifth 25th day of the month following the date of shipment.
f Invoices shall be paid in full in United States currency, or funds equi valent thereto, not later than the due date.
g No portion of the sale price may be withheld by agreement between the buyer and the seller based upon any un adjusted claim of the buyer.
h No sale, delivery, or offer for sale of coal shall be made upon any condi tion, express or implied that any por tion of the sale price may be withheld by the buyer, or deposited in escrow,
j Transportation charges shall not be paid by a Code Member, his Sales Agent, or a Distributor, except to pre pay stations as published in current rail way tariffs or on shipments to the United States Government, States or political sub-divisions thereof, and except as au thorized in the minimum price sched ules. Where freight is thus prepaid, ex cept as authorized in the minimum price schedules, the amount thereof shall im mediately, upon receipt of the freight bill or notice of sight draft payment, be invoiced to the buyer for immediate pay ment.
k Except as provided in 318.10 of the rules and regulations in this part, no Code Member, his Sales Agent, or a Distributor, shall accept as payment in full for any account for the sale of coal any amount which is less than the ap plicable minimum price for the quantity of coal involved: Provided, however, That a Code Member, his Sales Agent, or a Distributor, may enter into a bona fide general creditors composition with other creditors of a defaulting purchaser.
A copy of such creditors composition shall be filed with the Statistical Bureau within ten 10 business days from the date of the making thereof.
l This section shall not be construed as requiring Code Members, Sales Agents of Code Members, or Distributors to ex tend to each purchaser the full credit terms herein permitted, but each Code Member, his Sales Agent, or a Distribu tor shall be free to determine as to each purchaser whether credit shall be ex tended, and the terms of credit, if al lowed, provided such terms are not more favorable than as herein provided.

m The agreement by a Code Mem ber, his Sales Agent, or a Distributor, ex press or implied, to extend credit to his vendee for a period longer than that authorized by the rules and regulations in this part, with the effect of violating the minimum prices applicable or the