/ CONTRACT TERMS. AND CONDITIONS Sec. 1. (a) The carrier or party in possession of any of the property herein described shall be liable as at common law for any loss t thereof « or ne thease, a - hereinafter provided. © 0 carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto or delay ees act of God, the public enemy, the authority of law, or Ene eet oe Sates of the shipper or owner, or for natural shrinkage. nd carrier’s coma Il be that of warehouseman, only, for loss, damage, or delay caused by fire occurring after the expiration of the free time allowed by tariffs lawfully on file os free time tobe computed as therein provided) after notice of the arrival of the property at destination or at the port of export (if intended for ac been duly sent or given, and after placement of the p: for delivery at aeanation, or tender of delivery of the property to the party entitled to receive it, has been made. Except in case of negligence of the carrier or party in possession (and the burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier or party in possession shall not, ‘be liable for loss, damage, or delay occurring while the property is stopped aad held in transit upon the request of the ship) nl owner, or party, entitled to make such request, or resulting from a defect’ or vice in the property, or for country damage to cotton, or from riots or ea (c) In case et uarantine the property may he dhichargiat at risk and expense. of owners into quarantine depot or elsewhere, as required by quarantine ‘regulations or authorities, or forth sare dispatch at nearest available point in carrier’s judgment, and in any such case carrier's responsibility shall.cease when property is so discharged, or-property may be returned by carrier at owner’s expense to shipping point, earning ht both ways. Quarantine expenses of whatever nature or kind upon or in respec ee. shall he borne by the owners of the property or be a lien thereon. , The carrier shall not be liable for loss or damage occasioned by Fainigetion | or disinfection or other acts required or done by quarantine regulations or raultidtities even though the same may have beeen done by carrier's officers, agents, ‘or employees, nor for detention, loss, or damage of any kind occasioned by quarantine or the enforcement thereof. No carrier shall be liable, except i in of negligence, for any mistake or elas ales in any information furnished by the carrier, its agents, or officers, as to quarantine laws or regulations. The shipper shall hold the "carrieegaiartal less from any expense they may incur, or damages they may be required * Bay by reason of the introduction, of the property covered by this contract into.any place against the quarantine laws.or regulations in effect at such — 2. (a) No cerrier is bound to transport said property by any ss train or vessel, or in time for any particular market or otherwise than with ‘tharocabta dispatch. Every carrier shall-have the right in case of physical necessity to forward-said property by any carrier or route’ between the point of shipment and nod point of destination. In all cases not prohibited by-law, where a lower value than actual value has been represented in writing by the ship- gs has been ed upon in writing as the released value of the prgpety aS. Rerninel by the classification or tariffs upon which the rate is based, such er value plus 3 freight charges if paid shall be the maximum amou red, whether or not such loss or damage occurs from negligence. (b) As a condition precedent to recovery, claims : Et be filed in wainahet with th the receiving or delivering carrier, or carrier issuing-this bill of lading, or ‘earrier on whose line the loss, damage, injury or'delay occurred, within nine months after delivery of the property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of ’ sailure to make delivery, then within nine months after a reasonable time. for delivery has elapsed; and suits shall be instituted against any carrier only within two years and one day a the day when notice in writing is given. by the carrier to the claimant that the carrier has disallowed the claim or any part or parts iene Ser ied sin,the notice. Where claims are —_ filed or suits are not instituted thereon in accordance with the f no carrier hall be liable, and each claims will not be pai (c) Any carrier or party liable on‘account of loss of or cama to any of said’ property shall have the full hendfit of any insurance that may have been ‘ected upon or on account of said property, so far as this shall not avoid the poli ies of contracts of insurance: Provided, That the carrier reimburse the “Gaimant for the premium paid théreon. Sec. 3. Except where such service is required as the result of carrier’s negligetice, all property shall be subject to necessary cooperage and baling at owner's | Each carrier over whose route cotton or cotton linters is to be transported hereunder shall have the privilege, at its own cost and risk, of compressing the same for greater convenience in handling or forwarding, and shall not be held responsible for deviation or unavoidable delays in procuring such compres- sion. Grain in bulk consigned to a point —— there is a railroad, public or licensed elevator, may (unless otherwise expressly noted herein, and then if it is not werd sa ane unloaded) be there delivered and placed with other grain of the same kind and grade without respect to ownership (and prompt notice thereof given to the consignor), and if so delivered shall be subject to a lien for elevator charges in addition to all othér charges hereunder. a 4. (a) Property. not removed by the party entitled to receive it within the free time allowed by tariffs, lawfully on file (such free time to be com- puted as therein provided), after. notice of the arrival of the property at destination or at the port of export (if intended for export) has been duly sent or bro and after placement of the property for delivery at destination has been made, may be kept in vessel, car, depot, warehouse or place of delivery of e carrier, subject. to the tariff chargé for storage and to carrier’s responsibility as warehouseman, only, or at the option of the carrier, may be removed to and stored in a public or licensed warehouse at the place of delivery or = available place, at the cost of the owner, and there held without liability on the part of the carrier, and subject to a lien for all freight 6 other lawful charges, including a reasonable charge for storage. (b) Where nonperishable property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it, or said consignee or party entitled to: receive it, fails to recelee | it within 15 days after notice of arrival shall have been duly sent or given, the carrier may ‘sell the same at public auction to the highest bidder, at such place as may be designated by the carrier: Provided, That the carrier shall have first mailed, sent, or given to the consignor notice that the. property has been refused or remains unclaimed, as the case maybe, and that it will be subject to sale under the terms of the bill of lading if ese yp be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipped order notify, the name of the party to be notified, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published; Provided, = 30 _y shall have ee before away of notice of sale after said notice that the property was refused or remains unclaimed was mailed, sent, or give! (c) Where perishable property which has been transported hereunder to destination is refused by consignee or party en titled te. reste it, or said con- signee or party entitled to receive it shall fail to receive it arompek the carrier may, in its discretion, to prevent deterioration or further deterioration, sell the same to best advantage at private or public sale: Provided t if time serves for notification to the consignor or owner of the refusal of the prop- erty or the failure to receive it and request for disposition of the property, such notification shall be given, in such manner as the exercise of due diligence requires, before the pro. a; =) =. (d) Where the proc ed for in’ the two paragraphs last preceding is not possible, it is agreed that-nothing contained in said usragraple — be construed to, abridge tH ent the carrier at its option to sell the property under such circumstances and in such manner as may be 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 law- ful fo charter and the expense of notice, a oe sale, and other necessary expense and of caring for and maintaifing the property, if proper care of the same requires special expense, and should there be a balance it shall be paid to the owner of the property sold hereunder. (£) Property destined to or taken from a station, wharf, or landing at which there is no regularly appointed freight agent shall-be entirely af risk of owner after unloaded from cars or vessels or until loaded into cars or vessels, and, except in case of carrier's negligence, when received from or delivered to such stations, wharves, or landings)shall be at owner’s risk until the cars are attached to and after they are detached from locomotive or train or until loaded into and after unloaded from vessels. Sec. 5. No carrier hereunder will carry or be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications.or tariffs unless a special agreement to do so and a stipulated value of the articles are indorsed hereon. Sec. 6. Every party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all‘loss or damage caused by such goods, and such goods may be warehoused at owner's risk and nse or destroyed without compensation c. 7. The owner or consignee shall pay y the freight and average, if any, and all other lawful charges accruing on said property; but, except in those instances where it may lawfully be‘authorized to do so, no carrier by railroad shall deliver or —~ uish possession at destination of the property covered by this bill of lading until all tariff 7 ates and charges thereon have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by. signature, in the space provided for that purpose on the face-of this bill-of lading that the carrier shall not make delivery without requiring paymeat of such charges and the carrier, contrary to such stipulation, shall make delivery without requiring such payment, the consignor ’ (except as hereinafter provided). shall not be liable for such charges. Provided, that, where the carrier has been instructed by the shipper or consignor to} f deliver said property to a consignee’ other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of transportation of said property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be 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 notified the delivering:carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of a shipment reconsigned or diverted to a point other than that Specified in the original bill of lading, has also notified the delivering carrier in ‘writing of the name and address of the beneficial owner of said property; amd, in such cases'the shipper or consignor, or, in the case of a shipment’so reconsigned or diverted, the beneficial owner, shall be’ liable for such additional charges. If the consignee has given to the carrier erroneous information as to who the beneficial owner is, such consignee shall. himself be liable for:such additional charges. Nothing herein shall limit the right of the carrier to require at time of shipment the prepayment or guarantee of the charges. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must. be paid upon the articles actually shipped. Sec. 8. If this bill-of lading is issuéd on the order of the shipper, or his.agent, in exchange or in substitution for another bill of lading, the shipper’s sig nature to the prior bill.of lading | sto the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part’of this bill of lading as fully as if the same were written or made in or in connection with this bill of 1 pocine, Sec. 9, (a) If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to all the terms and provisions of, and all the exemptions from liability contained in, the Act of Congress of the United States, approved on February 13, 1893, and entitled “An act. relating to the navigation of vessels, etc.,” and of. other statutes of the United States according carriers by water the protection of limited liability, and to the conditions contained in. this bill of lading not cag evei therewith or with this section. (b) No such carrier by water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, of from “explosion, beating of boilers or breakage of shafts, unless caused by the: design or neglect of such carrier. the owner shall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped, and supplied, no such dankies shall be liable for any loss or damage resulting from the perils of the lakes, seas, or other waters, or from latent defects i in pot machin Aid spar: tenances whether existing. prior to, at the time of, or = sailing; or from Payers tranding, or other accid of bam prolonit ‘on of the voyage. And, when for any reason it'is necessary, any ve8sel carrying any or all of Creer) herein described shall be at Tibert “om call at any port ‘or ports, in or out of.the customary route, to tow and be towed, to transfer, vapethips e ego to load and discharge goods at any time, to assist vessels in distress, to deviate for the purpose of saving life or property, and for oe og in case of negligence such carrier shall not be respen- sible for any loss or damage to property if it be necessary or is usual to iy eu 1e U) eck, General Average shall be payable according to the ork Auten Rules of 1924, Secons 1 to 15, inclusive, and Sections 17 to 29, inclusive, and as to matters not covered ther eupby according to the laws and usages of the Port of New York. If the owners shall have exercised due diligence to make the, vessel in all respects seaworthy and propérly manned, equipped and supplied, it is hereby agreed that in case of danger, damage or disaster resulting from faults or errors in navigation, or in the management of the vessel, or from m any. latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthyness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent or other defects or the unseaworthyness was, not discoverable by the exercise of due diligence), the shippers, consignees and/or. owners of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo, and shall contribute with the shipowner in general average to the payment of any sacrifices, losses or expenses of a general 55 nature’ that may be made or incurred for the common benefit or to wh pe the adventure from any common peri (e) If oo property is being carried under a tariff which: provides that any carrier or carriers party thereto shali be liable for loss from perils of the sea, then as to such carrier or carriers the provisions of this section shall Ee modified i in accordance with the tariff provisions, which shall be regarded as incor-. pane into the conditions of this bill of lading. (£) The term “water carriage” in this section shall not be construed as ineluding lighterage in or across rivers, harbors, or lakes, when performed by or al behalf of rail carriers. 10. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation peree of the agent of the carrier ferning this bill of lading, shall be without effect, and this bill of lading shall-be enforceable according to its original tenor.