CONTRACT TERMS AND CONDITIONS 5 I 1 lois itt oe, 3: (4) The cater ot party tn posserton of any ofthe property heretn deere shall be able as ot eomson law for any or party in possession ef all or any of the property herein described shall be lable for any loss thereof or damage : 5 the act of God, the public enemy, the author! he of law, or the an or oe it of the shipper or owner, or are ack shall be that of warehousemsn, only, for loss, damar wed by terifis iawiully. con file (such free time to be computed as ? suerte at eatin: sation or at the port of export (lf intended for exmort) has been dave sent or given, anda ‘ify t ot Bem for so at Se cent or tender of delivery of the property to the party ontitled to receive lt, has been made. in al a ihe cart cere in possession (and the burden to prove freedom from such negligence shall be on the jon), tl ee a party in possession shall not be linbie for toss, dzmuge, or delay occurring while the property eae nag In transit’ Age ane tequcst of the shipper, owner, or party entitled to make such request, or résulting from a de oe In the property, or for country damage to cotton, or from riots or strikes. fy To case of apirandast the ie prop ety may be diseHarged at risk and expense of owners Into quarantine depot or elsewhere, as te- quit oy eran Ca Geel iv for the carrier's dispatch at nearest available point in carrier's judgment, and in any hare property is so discharged, or property may be returned by carricr at owner's expense property ioe ways, fadaren arantine expenses of whatever nature or ae renee or in respect to property shall be reas or be a lien thereon. ‘The carrier shall not be liable tor loss or damane occasioned by dumigation tete'red re or ace by quarantine reguintions or authorities even though thé same may ha ave been done by seapees, sacets or em (Bagh nor for detention, loss, or damage of any kind occasioned by auarantiie or the enforcement 6 i sh a le, except fas ae of megiigence: for-any mistake or inaccuracy in any iniormation furnished by t ter arantine ae or regulations. 11 he shipper shali hold the carriers hatmiess from any expense nee 4 Of Gi ti ay be required to pay, by reason ot the Introduction of the property covered by this eonmace into any piace against the ‘antine laws or regulations in effect at such place. ‘o catrier is bound to teanepory said prone reasonable dispatch. ay, carrier ee ae the point Eo ‘hip men rego shall cease w toe than aii § or route peices to revovery, claims must . te in writing with the ae or delivering carrier, or carrier Son whove line 0 Toast damage, injury or delay occurred, within nine months aiter delivery of the within “ine for daly sa ‘after delivery at port of export) or, in case of failure\to make delivery, then Cy hae el ies and stits shall instituted against any carrier only within bee is given the carrier to the claimant that the carrier has disallowed the cla nee ie otic ee notice, Where clang & are not filed or suits eh not instit ue thereon in ‘accordance with ler shall be Hable, and such claims will not be pi y. ibe on account of loss of or seni to any of sald eens shall ies the full benefit of any insurance vl feels account of siid property, so far as ae oe Dot avoid the policles or contracts of insurance: Telmburee the Claimant for the premium paid ther ce is req ery iree ag the result of carrier’s negligence, all property shall be subject to necessary e: ch over 2, eee oe aie lor grea nine ae expressiy note ) be there s sime 4 and grade without respect to ownership (and Prompt notice thereof shall be ; u is not promptly unloaded é consignor), Mat if so peace shall be subject to a lien for elevator charges in addition to all other charges hereunder, (a) Property not removed by the party entitled to receive it within the free time allowed by tariffs, lawfully on file Se tard to be computed ae conn prot ee ee notice of the arrival of the property at SentaeHton or at the pore er of peaot (dif export) has been dul and a) a; car, depot r crave 3 at the option th the eatin, may be and stored ari place, at the cost of the owner, and. there held without flability om the part of the carrier, and sub- a. it and other lawful charges, including a reasonable charge for storage. iy Witere ne ¥ which has been transported to destination hereunder {s refused by consignee or the party mee Or iF tty entitied to receive it fails to receive it within 15 days after notice of arrival shall have » the carrier may se me same at public auction to the highest bidder, at such place as ay. pe desi, Bats by I, That phe earrier shall ha: mailed, sent, or given to the consignor noticé that the pro: as bee! ars |, a8 the case may be, and that it will Babee, to sale under the terms ol! the bill of iy it Gispoxtion he 10F,. re all have pean poe containing a description of ene roperty, the name-of the party to whom consigned, order ie an the ceo ge irty to notified; and the tim place of sale, ones a@ week for two mapcewive weeks, in at the: piece of ee or hearest place where such bi newspaper is published: Provided, That 30 days yublloation of notice of sale after said notice that the property was refused or remains unclaimed was mailed, which has been transported hereunder to destination Is refused by consignee or Darty. entitled to entitled to Teens it shall fail to receive it promptly, the eet may, in its discretion, to prevent eC se! t ae Samé to the best advantage at private or public Reais That if time serves for fanor of owner e re! of the property or the failure to receive ah “and i 1 shall be givensd in such manner as the exercise of due diligence requires, before the property is sold, raed fo abd for In the two paragraphs last preceding Is not possible, it Is agreed that nothing contained In said egne right of the carrier at Its option to sell the property under such circumstances and in x as aie be suttiorized by request for disposition of the je under this section shall be applied ey, the ee ou the payment of freight, demurrage, storage, expense of notice, advertisement, sale, and essary expense and of caring for and main- of the same requires special expense, and should ‘there be a Dalancé it shall be paid to the owner d to or taken sop a med ion, wharf, or lendine at at. which there ts no regularly appotnted pe agent shall after unloaded from cars or vessels. or into ears or vessels, and, except in of carrier's is delivered 48. such stations, wharves, or rand shall be at owner's Fak aoe the care « ure attached from vessel aE locomotive or train or until loaded into and after unloaded from tril carry of be tiabte {n any way for any documents, pees or for any articles of Serer & special agreemen| Uolbed cusitestens oF eae 60 do go and's stipulated: vi ue of whe i: Evety party, whether or agent, shipping exposes o dangerous goods, without previous full written disclosure of Phat naa shall be Hable for pete tae ne ee rrier ot ee all loss or damage caused by such goods, and such warehoused at owner's debe i. yed without compensation, } Of, cots . if any, and afl other lawful charges accruing on sald property; Bit rei i eo rie Soe Wetartins whe nn ee ally be Suen v0 do 30, $6, Do carrior by railroad shail deliver or relinquish possession oan tlon of ie Bro: ey govered i this bill of iad Ing until all tariff rates and charges thereon have been paldy The consignor spall é Hisble for-thetreight and ell other lawful charges, except that if the eonsignor stipulates, by signature, in the space provided for tees Dur oo zon the face of this bill of lading that the Soaeeler se not.n delivery without requiring payment of such charges and on nirary to such a eure shall make delivery without ie ihe ie payment, che consiguor (except as hereinatter pro-~ vided) shall pot be liable for stich char Provided, that, lire. tt shipper or consignor to deliver sald proper ate # consigncé other than T the shipper ‘or consiguor, s tation charges in respert @ transportation of said property yond those billed. ae elivery for which he is gehetwiee Hable) which may "ne found tie after the property, Baer delivered to bim, consignee (a) is au agent only and has no beneilcial title in mad rty, and (b) prior to ORE ft sali operty has notified the delivering carrier in ane of the Hone of such agency and abeuntela anion I title, and, In the case ofa shipment reconsigned or diverted to a polnt other than that s: ikea fied in the original bill of lading, has ie, notitied the delivering carrie’ tn writing of the name and addres of th banetelale owner of said Hepes perty; and, in such hipper or CoE eH of, if tlie cnet of a shiputont ao récousisned or vdlvert . thé betetelal owner, ‘saball be lable. for such ad tinge cl note if the consignes hea given to ‘ihe caefler erroudoua information av towho the benolielal o: signee sti! liimself be lable for ‘nie additional charges. On shipment reedhetetied or eae by an asta wt carrier tn the sero Enea or diversion order with a notice of agen id the epee aa nam nd address 0 ial o nd where sé» ehipm are retuaed oy abandoned at ultimate destination, the said beneficial owner shall be ‘igbie for ‘alt leaally: Sppiieatie charges If sannection therewith. . tf the reconsienor or diverter hes © the earrler erronvous information as to who the beneficial owner ee such reconsignor or divértet shall hitiiself be Mable for all ‘te ol Mere, a shipper or consignor of a shipment of property (other than ® prepald shipment) fs also the consignee named In the bill of jeding and, pile ithe time of delivery, Sones in writing, a delivering carrier by railroad (a) to deliver such property at destination ¥, (b) that such party is the beneficial owner of such property, and (c) suet delivery is to be made to such pao Be pon payment of all eraceDurtaon chargés in respect of the transportation of such pi rypencr, ant delivery is ence by the carrier +o Han party without such payment, such shipper or consignor shall pe be liable (as Ripper b onsignor, ¢ or otherwise) for such transportation charges but the to whom delivery is so made shall in any event be Table tare iratisportation’ charges bi the property at the titne of suc livery, and also for any #dditional oHneees which may ve after delivery of the prone ty except ane . eis one prior to stich delivery has notliied in writing the delivering enter that \@ is not the beneticial ner of the property, given in writing to such gees carrier the name and address of such benefiisal owner, such party phall not be maple for hay addldonal charges which may und to be due after delivery of the property; but \' the party to whom delivery Is made lias given to ue ee erroneous iceman as to the beneficial owner, such party s' all ney pehaieee or Hable. for such additional Sarees If t! pper_or eonsigitor has given \to the delivering earrier erroncous informatio: yho. neticial owner is, stt¢ly shipper or CORMIER OF shall: himself be liable Stor such transportation charges, notwithstanding the foregoing provisions of this paragraph and Irrespective of any provisions to the contrary In the bil of Tading or in the contract of transportation under which the shipment wis made, he term “delivering carrier” meuns the Nne-haul carrier making ultimate delivery. Not thing Herein shall limit the right of the carrier to require at time of shipment the pre eae nt or guarantee of the charges. If upon inspertion it is ascértained that the articles shipped are not those deseribed in this bill of lading, the freight charges must be paid upon the articles actually shipped. Where delivery {s made by_a common carrier by ree the foregoing provisions of this section shall apply, except as may. be In-+ consistent with Part III of the Interstate Commerce Act, ec. 8. If this bill of lading is Isstted on the order st the shipper, or his agent. {in exchange or fn substitution ae another bill of ladin: ‘the shipper’s signature to the prior bill of lading as a vie pears of value or otherwise, or election of common law or bill of lading ‘liability, in or af Veonneetion with such prior bill of ladi considered a part of this bill of lading as S tully as If the same were Bec or made in or in connection with this bill of ladi: nee c. 9, (a) If f or any one of sald property fs ae oe water over any part of sald route, and loss, damage or Injury to oe Baty Sahara a while the 3 in the custody of a jer by water the liability of such carrier shall be determined by the bin lading of the carrier by water ints bill of lading being aact ‘Siu of lading if the property is transported by such water carrier there- onder and by and under the laws and Teeniauons applicable to transportation by water. Such Wares carlage shall be performed pablest to all the terms and provisions of, and all the eee SPURS from liability contained in Me 2 of the Re eed of the pay ed on February 13, 1893, and envitted “An act relating to the navigation of vess tates according carr riers by water the protection of ihmited liability, a3 weil as the Holi sul So ona ey sounnee in this bill of lading not inconsistent with this section, when this b: carrier by watei ) No ae carrier by water shall be Hable for any loss or damage resulting from any fire happening to or on board the vessel, or fran eeoineen bursting of boilers or breakage of shafts, unless caused by the design or neglect of such carrier, (c) If the owner shall have exerciSed due diligence In making the vessel In all respects seaworthy and properly earned equipped, of sore no such carrier shall be liable for any loss or damage resulting trom the perils of the lakes, seas, or ee er Waters, or from jatent defectsin hull, machinery, or appurtenances whether existing prior to, at the time of, or after Pans Ot or tn m collision, strand- ine or others A oniients of navigation, or from prolongation of the vayage. And, when for any reason It y vessel care any or all of the property herein deyoribed shall be at liberty to call at any port or ports, in or out of ih ice route, to tow ani be towed, to tr: ee ica D, or lighter, to load and discharge goods at any time, assist vessels In o deviate for the rpose of saving life re,etty, and for docking and repatrs. Except in case of negligence such Soren shall not be responalbl le for any foss or damage to Sea neee if it be necessary or is usual to carry the same upon deck, Seex to the carrier saa a e seas and avera Baal (d) General Average shall be payable according to the York-Antwerp Rules of 1924, Sections 1 to 15, eS oe Sections 17 to 22, inclusive, and as to. matters not covered qhereny according to the laws end usages of the Port of New York. If t have exercised due diligence to make ae Mess in all ri worthy and p agreed that in case of danger, dam: from any latent or other dlecta In the ‘vessel, her t of shipment or at the beginning uf the voyage (prov vided the latent or other defects-or the nseawort ekerise of due diligence), the aber: consign and/or owners of the cargo shall nevertheless pay euvace, atl auy ree charges ineurred in respect of th go, and shall ontiblte with the shipowner in general average to the payment ot any sacrifices, losses or expetses of a f eneral averajc nature that may be made or incurred for the common benefit or to relieve +e adventure from any common peril (e) If the property Is bet ig enrried under a tariff which provides that any carrier or carriers party thereto shall be Maple at loss from perils of the sea, then us to such carrier or carriers the provisions of this section shall be modified in accordance w! tariff provisions, which shall be regarded as incorporate: ted into the conditions of this bill of lading, (f) The term ‘water carriage" in this section shall not be construed as including lighterage in or across rivers, harbors, or lakes, when performed by or on behalf of ruil carriers, Sec. 10. Any alteration, addition, or erasure in this bill of Inding which shall be made without the sper a notation ice of the agent of the Tier issuing this bul of lading, sual) be without effect, and this bill of lading shail be enforceable according vo lis ; M aerective JUNG 16, 1948 —_