CONTRACT TERMS AND CONDITIONS (a ) The carrier or party in possession of any of the property bentin: — shail be liable as at common law for any loss thereof or damage thereto, art as hereinafter provided (b) No carrier or party in possession of all or any “of the property herein described shall be diable for ae loss thereof or ereto or delay cai by the act of God, the public enemy, the authority of law, or the act or default of e shipper or owner, or for natural shrinkage. The nee sabaity shall be that of Pe cahatgouan only, for loss, damage, or delay occurring the expiration of the free time allowed by ‘tariffs ‘ae hily on fle (such free me to be computed as therein provided) after notice of the arrival of the property ate i-stication or at the port of export (if intended for export) has been duly sent or given, and after placement of the property for delivery at destination, or der of delivery of the property to the party entitled to receive it, has made, Except in case of negligence of the carrier or party in possession the burden to prove freedom from such negligence s on the carrier or party in possession), the carrier or party in possession shall not be liable for ge, or delay occurring while the property is stopped and held in transit uy the request of the shipper, owner, or party entitied to make such request, or resulting from a defect or vice in the property, or for country damage to _ cotton, or from riots or strikes. : (c) In case of quarantine the proj pert may be discharged at risk and expense owners into quarantine depot or elsewhere, as requi quarantine regu! la- ions or authorities, or for the carrier’s dispatch at nearest available Bota in carrier’s judgment, and in any such a carrier’s responsibility shall cease when property is so discharged, may be returned by carrier at owner's “expense to shipping point, earning | eight both ways Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne the owners of the property or be a lien thereon, The carrier shali not be liabie for loss or damage occasioned by fumigation or disinfection or other acts requir a done by quarantine regulations or authorities even though the same may have been done fy carrier's officers, agents, or employees, nor 5h detention, loss, or damage of any kind occasi ioned yy quarantine or the enforcement thereof. No ier shall be liable, except in case of negligence, for any mistake or inaccurai Sin senation furnished by the carrier, its agents, or officers, as to quarantine peso or Tegiustions: The shipper shall hold the carriers harmless from any ee hey may incur, or damages they may be required to pay, by reason o: troduction SE the sropetty yrcoverst by this contract into any place against the pearantine laws or regulations in effect at such place. 2. (a) No carrier is bound to transport said property by any perdoulas train or vessel, or in time for any particular market or otherwise than with reason- able dispatc ary, carrier shall have the right in case of physical Rescate to operty oy any carrier s route between the point of shipment and the point of destiastiad, in all cases not prohibited by law, where a lower value than as value has bos perenne in writing wy the shipper or has been in writing as the released value of the property. a determined by P cldastlicab0a or tariffs upon which the rate is based, such lower value plus charges if paid | be the maximum amount to be recovered, whether not such loss or damage occurs from eee (b) Asa eAdition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier Sulee this bill of lading, or carrier ‘on whose line the loss, damage, injury or delay secured, within nine months Stier delivery of the property (or, in case of export within nine months er delivery. at port of export) or, in case of silva to make delivery, then shall be instituted against any carrier only within two years and one day from the day when notice in writing is given by the carrier to the claimant that the 5 er_has disallowed the claim or any part or parts thereof specified in the ee = Where elaine are not filed or suits are not instituted ee in accordance with the foregoing provisions, no carrier ‘hereunder shall be liable, and such — will not be paid. (c)- Any y carrier or pai ry abl on account of loss or damage .to any of said property. il have the aa nefit of any insurance that may have been effected upon or on account of said property, so far as this shall aot avoid the policies or contracts of insurance: Provided, That the carrier reimburse the claimant for id thereon. where such service is required as the result of carrier’s all shall be subject to necessary cooperage and baling at cost. ease over whose route cotton or cotton linters is pe be eceportod hereunder shall have the privilege, at its own cost and risk, o: pressing the same for greater conveni ling: or farwarding, and Shatl be responsible for deviation or unavoidable delays in procuring such ‘compression. Grain in bulk consigned to a pout where there is a railroad, pili Jicensed ar. may (unless pressly noted herein, is not pi ) be there Rapissed os and ay with other grain a ee same Bind and grade without respect to ownership prompt notice _ shall be given to the sonsigncr), and if so delivered. shall < subject to a lien for elevator cares in addition to at ae char; Sec. 4. roperty not removed by the party entitled je receive it within free time allowed by tariffs, eraiy s on. file (such free time to be computed as therein provided), after notice of the arrival of the-property at destination or at the port of export (if intended for export) duly sent or Eee ler placement o! the property for delivery at destination has m may be car, depat, warehouse or place of delivery of the carrier, subject to e tariff charge for storage ant _ carrier's responsibility as warchouseman, only, oO Eat the eption of the ca removed to and stored in a public or licensed - the ene of deliver ry or other available place, at the cost of the and there held without Tability on the part of the carrier, and subject to ien for all D freight and other lawful charges, including a reasonable charge (b) Where nonperishable property which.has been transported to destination 5 aM is, refused. prac within nine months after a reasonable time for delivery has elapsed; and suits . consignee or the partyceli titled. to receive it, or said con- signee or party entitled to receive it fails to feceve it within 15 days after notice of arrival shall duly sent or given, the carrier sell the same at public. auction to the highest bi idder, at such place as may bee designated by the carrier > Provi That the carrier shal! have first mailed, sent, or given to the consignor notice that the property been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the'terms of the bill of lading if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consimned, or, if shipped order nuts? the name of the party to be notified, and the time and place of sale, once a week for two successive wecks, in a newspaper of general circulation at ite place of sale or nearest place where such newspaper is published: revided, days shall have elapsed before publication of notice of sale after said ati a a the property was refused or remains unclaimed was mailed, sent, or Where Sorishable Property which has been transported hereunder to destination is refused by consignee or party entitled to receive it, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale: Provided, ‘That if*time serves for notification to the consignor or owner of the refusal of property cr the failure to receive it and request for disposition of the Property, such notification shall be eNen, such manner as the exercise of due diligence requires, before the peapeciy is sold. “(d) Where the procedure provided for in the two paragraphs last preceding is not possible, it is agreed that uothing contained in said paragraphs shail be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may he authorized by law. (e) The proceeds of any sale made under this section shall be applied by the carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of noti advertisement, © sale, other necessary ex- pense and of a for and maintaining the property, if proper care of the same require: pense, and should there be a balance it shall be paid to the owner of ihe oe sold hereunder, (£) Property destined to or taken ‘con a station, hart? or landing at which there is no regularly appointed freight agent shall be entirely at risk cf owner after unloaded from cars or vessels or until into cars or vessels, and, except in case rrier’s negligence, when received from or deliv- ered to such stations, wharves, or landings shall be at owner’s risk until cars are attached to and after co ‘are ae from locomotive or train or until leaded into and after unl ded from Sec, 5. No carrier cues il car an or be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications er tariffs unless 2 special agreement to do so and a eipaeted value of the articles are indorsed hereon. Sec. 6. ey Party, whether principal or agent, shipping ‘explosives or dangerous gocds; previous full written disclosure tothe carrier of their nature, shall be ‘able for Ta indemnify the carrier against all less or damage caused by such goods, and such goods may be warehoused at owner's risk and expense or destroyed without compensation. Sec. 7. The owner or consignee shall pay the freight and average, if any, and all other lawful charges accruing on said property; but, except in those in- stances where it may lawfully be authorized to do so, no carrier by railroad shall deliver or relinquish possession at destination of the property covered = this bill of iading until ali tariff rates and charges thereon have paid. The consignor -tisbte for the freight and ail other lawful charges, except that if the S; stipulates, by signature, in the space provided for that purpose on the face of this bill fils lading that the carrier shall not make delivery without requiring payment of su delivery without req such payment, the consignor (except as hereinafter provided) shall not t he Tal le for Sah charges. Provided, that, where the carrier has been instructed by the shipper or consignor to deliver ‘said property to a consignee other than the shipper or consignor, such consignee shali not be legally liable for transportation charges in respect of the transportation of maid property (beyond those billed against him at ‘the time of delivery for whith he is otherwise liable) which may found to be due after the property has been delivered to him, if the consignee (a) is an agent only and has no beneficial title in Said property, and (b) prior to delivery of said property has notte # the Seve oe, carrier in writing of the fact of such agency and absence of beneficial in the case of a shipment reconacned or div. to a point tie than that. specified in the original pi of lading, also notified the delivering carrier in writing of the pias a adress 0 of the ewner of said property; and, in such cases the eghleass or consignor, or, in the case of a shipment so reconsigned or-diverted, the beneficial owner, shall oe pane for such cose! charges. If the consignee has given to the carrier informat to who the cial owner is, such consignee shall himself b be Table ioe Sake additional charges. On shipments reconsigned or diverted by an agent who has furnished the carrier in the pe naennien, or diversion order with a notice of aie ency and the proper name and address of the beneficial owner, acd os out Ses wae refused or abandoned at ultimate destination, the sai be liable ip all legally caplet rges in ae therenith, Te th pepe rice or diverter has given to the carrier erroneous information as to who the beneficial grees is, such reconsignor or diverter shall himself be liable for all such charg a shipper or consignor of a shipment of Toney (other than a prepaid shipment) 1s also the consignee named in the bill of lading and, prior to the time of delivery, notifies, in writing, a delivering carrier railroad (a) to deliver such property at destination to another party, (b) that such party is the beneficial owner of Propet) and (c) that delivery is to be made to such party only upon payment of all transportation ges in respect of thet trans- eats and the carrier, contrary to such stipulation, shall make ‘ portation of such property, and delivery is niade by the carrier to such party with- out such payment, such shipper or consignor shall not be liable (as shipper, con- signer, consignee, or otherwise) for such transportation charges but the party to whom delivery is so made shall in any event be liable for transportation charges billed against the property at the time of such delivery, and also for any additional charges which may be found to be due after delivery of the property, except that if such party prior to such delivery has notified in writing the delivering carrer that he is not the eficial owner of the property, and has given in writing to such delivering carrier the name and address of such beneficial owner, such party shall not be liable for any additional charges which may be found’ to be ati after delivery of the property; but if the party to whom delivery is made has given to the carrier erroneous information as to the beneficial owner, such party thats nev- ertheless be liable for such additional charges. If the shipper or consignor has given to the delivering carrier erroneous information as to who ithe beneficial owner is, such shipper or consignor shall himself be liable for such’ tran sportation charges, notwithstanding the foregoing provisions of this paragraph and irrespective of any provisions to the contrary in the bill of lading or in the contract of trans- portation under which the shipment was made. The term “delivering carrier” means the line-haul carrier making ultimate delivery. Nothing herein shail limit the right of the carrier to require at time of ship- ment the pri epayment or guarantee of the charges; If ugon inspection it is ascer- tained that the articles sipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually ‘ship: wees delivery is oe bya common cafrier by water the foregoing provi- siens of this, section ie ‘ex as mai be inconsistent with of “the Interstate Corn one Act rs See: 2 Pat gu Sec. 8. If this biil of lading i is ested on the order 9 the shipper, or his agent, in exchs or in substitution for another bill He lading, the shipper’s signature to the prior bill of lading as to the statenent of value or a eo pe election of common law or bill of lading liability, or in connection with rio’ bill of lading, shall be sconsidered a part of this bill of lading as fully as if "the same were written or made i in or in connection with this bill of lading. Sec. 9. (a) If all.or any part of said Property is carried by eaten ‘over any part of said route, and loss, damage er injury. to said property occurs while the sane is in the custedy of a carrier by water the liability each carrier shall: be determined by the biil of lading of the carrier by water (this bill of lading being such bill of lading if the property is transported by si water carrier there- under) and by and under the laws and reguratiois applicable to transportation by water. Such water aes shail be performed subject to all the terms and pro- visions of, and all the exemptions from liability contained in the Act of the Congress of the United States, approved on February 1s 1893, and entitled “An act relating to the navigation of vessels, etc.,” and o! other statutes of the United States according carriers by water the nee of limited liability, as well as the following subdivisions of this section; and to the conditions contai fed in this bill-of lading not inconsistent with this section, when this bill of lading becomes the bill of ladin; eee OF the carrier by water. (b) No such carrier by water Shall b ms liable for any loss or damage resulti from any fire happening to or on board the vessel, or from explosion, bursting o! boilers or breakage of shafts, unless caused by the design or Eee of (c) If the owner shall have exercised due dili in making. all respects seaworthy and properly manned, equip; and supplied, shall be liable for any loss or damage resulting from the peri -or other waters, or from latent defects in huil, machinery, or apy whether existing prior to, at the time of, or after sailing, or ‘pe collision, stranding, or other accidents si oe or from prolongation of the veyage. And, when for any rea: ly vessel | carrying any-or all of the property hercin described's Shall teat at sibes to Patt at any port or ports, in or out of the customary TOnte, to tox and be towed, to transfer, frans-ship, or Taher to load and discharg: at any time, to at vessels in distress, to deviate for the purpose ane nite life-or property, and for docking and repairs. Except in.case of negligence such carrier shall not be responsible For any los$ or damage to WO eack if it be necessary or is usual to carry the same upon deck. ral Average shall be payable according to the York-Antwerp Rules of 1, Sections 1 to 15, inclusive, and Sections 17 to 22, iticlusive, and as to waters not covered thereby according to the laws and usages of the Port of ew York. Tf the owners shall have exercised due diligence to make the aS in all respects seaworthy and properly manned, equipped and supplied, it is hereby agreed tliat in case of danger, damage or disaster ae from faults or errors in navigation, or in the management of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseawo' ness, whether existing at the time of shipment or at the beginning of the voyage nerves the latent or other defects or the unseaworthiness was not discoverable y the exercise of due diligence), the shippers, consignees and/or owners of the —— shall nevertheless pay salvage any special charges incurred in respect of the cargo, and aa Shag ad with the shipowner in general average to the payment of any saci Sor expenses of a» erage nature that may be made or or incurred ad for the common benefit or to pales the adventure from any common fe) lf deh Property is being carried under a tariff which provides that any carrier or carriers party thereto shall be liable for loss from ‘perils of the sea, then as to such ae er carriers the provisions of this section shall ified in accordance with the tariff provisions, which shall be regarded as incorporated into the conditions x ‘this bill of lading. (f e term “water carriage” in this Section shall not be construed as including lighterage in or across rivers, harbors, or lakes, when performed by or in behalf of rail carriers. 10. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier arcng this bill of lading, without effect, and this bill of lading shall be enforceable aoe to its original tenor.