CONTRACT TERMS AND CONDITIONS Sec. 1. (a) The carriér or party in possession of any-of the property herein deacribed shall be liable as at common law for any loss thereof or damage thereto, except aa hereinafter provided. - (b) No carrier or patsy in possession of all or any of the property herein deecribed shal! be lisble fer ary loss thereof ot damage thereto or delay caused by the act of God, the public enemy, the authority of law, or the act or default of theshipper or owner orfor naturalshrinkage. The éarrier’s liability shall be that of warehouseman, only, for loss, damage, or delay caused by fire occurring after the expiration of the free time sllowed by teriffslawfully on file (such free time to be computed ng therein pro- vided) after notice of the arrivalof the property at desti:ation or at the port of export (if intended for export) has been duly sent or given, and after oe ofthe pe ‘or delivery at destination, or tender of delivery of the property to the party en- titled 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 posseasion), the carrier or party in possession shall not beliable forloss, damace, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party putts ies to meke such request, or resulting from a defect or vice in the property, or for country damage to cotton, orfrom riots or strikes. : (c) In ease of quarantine the property may be Siecharged at risk and expense of owners into quarantine depot or elsewhere, ag required by quarantine regulations or authorities, or for the cerrier’s dispatch at nearest available point in carrier's judgment, and in any such case carrier’s Eesrensiouly shall cease when property is so discharged, or property may be returned by carrier at I ig pint, earning freight both ways, Quarantine expenses of whatever nature or kind upon or in respect orne by the owners of the property or be alien thereon. The carrier zhall not be liable for loss or damage sioned by fumization or disinfection or other acts required or done by quarantine regulations or authorities even though the aame may have been done by carrier's officera, ageuts, or employces, nor for detention, Joss, or damage of any kind occasioned by quarantine or-the enforcement thereof. No carrier shall be liable, except in case of negligence, for any. mistake or inaccuracy in ‘ any information furnished by the earrier, its agents, or officers, as to quarantine laws or regulations. he shipper shall hold the earriera harmlese from shy expense they may incur, or damages they may be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regulations in effect at auch place. S8ec.2. (a) No carrier is bound to transport said property by ral leary train or vessel, or in time for any particular mar- ket or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the t of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the ehipper, or has heen agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, suchlower value plua freight charges if puid shail be the maximum amount to be recovered, whether or not auch loss or damage oceursfrom negligence. 8 @ condilion precedent to recovery, claima muet be filed in writing with the receiving or delivering carrier, or carrier issuing this bill of lading, or carrier on whose line. the logs, age, injury or delay occurred, within nine months after delivery of the property Aor, in ease of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed; and suits shall be institutedhagainst auy 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 carrier has diagllowed the claim or any part or parts thereof specified in the notice, Where claima are not filed or auita are not inetitu thereon in accordance with the foregoing provisiona, no carrier hereunder ehali be liable, and auch claimea will not be paid. {c) Any carrier or party liuble on account of loss of or damage to any of aaid property shali have the full benefit of any ingur-" ance that may have been effected upon or on account of said Property so far as this ahall not avoid the policies or contracta of insurance: Provipep, That the carrier reimburse the claimant for the premium paid thereon. Src. 3, Except where such rervice is reghined aa the result of carrier's negligence, all property shall be subject to mesepeaey, cooperae and baling at owner’sacost. 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 shal! not be held reaponsibl for d vinti r idable delays in procuring auch compresaion. Grain in bulk consixned to a point where there {9 a railroad, public or licenaed elevator, may (1nlees otherwise expressly noted herein, and then if it is not promptly unloaded) be there delivered and placed with other grain of the same kind and grade without respect to ownership (and prompt wis thers a abst be given to the consignor), and if a0 delivered shall be subject to a fien for elevator charges in addition to all other charges hereunder. ‘ j Sec. 4. (a) Hroperty not removed by the party entitled to receive it within the free time allowed by tarlffa lawfully on file (euch [rea time to be computed as therein provided), after notice of the arrival of the property at destination or st the port of export (if intended for export) has been duly sent or given, and after plecement of the property for delivery at destination haa been mude, may kept in veasel, car, depot, warehouse or place of delivery of the carrier, gubject to the tariff churge for ato r- ze and to carrier's responsibility aa 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 other available place, at the eoat of the owner, andthere held without liability on the purt of the carrier, an i subject to 4 lien for all freight and other lawful charges, including # reasonable charge for. storage. ‘ ‘ b) Where non-perishable property which has been transported to destination hereunder is refused. by consignee or the party entitled to receive it, or anid consignee or party entitled to receive it fails tu receive it within 15 days after notice of arrival shall ve duly went or given. the carrier may sell the same at public auction to the higheat bidder, at auch place as may be desiz~ nated by the carrier: Pnroviwep, That the carrier sha!) have firat mailed, sent, or given to the consignor w>tice that the property hag beon tefused-or remains unclaimed, ss the case may be, and that it will be aubject to sale tinder the terma of the bill of lading if disposition be not arranged for,and shall have pubiished notice containing a description of the property, the name of the part to whom consignod, or,if shipped order notify the name of the party to be notified. and the time and place of sale, once a wee for two successive weeks, ina BE WADE DET of general circulation at the place of sale or neareat.place where such newspaper is pub- liahed; Proviorp, That 30 days shall have elapsed before publication of notice of eale after said notice that the property was refused or remains unclaimed was mailed, sent. or . r h ported hereunder to destination ia refused by consignee or ary. entitled _to receive it, or said consixnee or party entitled to receiveit shall {ail to receive it premptly, the carrier may. in its discretion to prevent deterioration or further deterioration, sell the aame to the best advantage at private or public sale: Provinen, ‘That if time serves for notification to the consignor or owner of the refuasl of the property or ths failure to receive it and request for dis- So Li the property, auch notification shall be given in such manner ae the exerciss of due diligence requires, before the prop- e : (a) Where the procedure provided for in the two paragraphs last preceding is not possible, itis agreed that nothing contained in said paragrapha shail be cunstrued to abridge the right of the carrier at its option to sell the property under such citcum- stances 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 lawful charges and the expense of notice, advertisement, sale, and other neceasary expense and of caring for and maintaining the property, if proper care of the same requires special expense, and should there be a balance it shali be paid to the owner of the property eold hereunder. (f) Property destined to or taken from # station, wharf, or Innding at which there is no regularly a ted freight agent shall be entirely at risk of owner after unloaded from care or vessels or untilloaded into. cars or ve , and, except in cage of carrier’s negligence, when received from or delivered to such stations, wharves, or lundinga shali be at owner's risk until the cars are at- teched to and after they are detached froin locornotive or train or until loaded into and after unl : Re 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 4 stipulated value of the articles are indorsed hereon, . 6, er. ty, whether principal or agent, shinnine explosives or dangerous goods, without previous full written dis- closure to the carrier of their nature, shall be liable for an iecenmnty Wig carrier against alllozs or damage caused by auch goods, and such goods may warchoused at owner's risk and expenze or destroyed without compensation, Sze. 7, The owner or consignee shill pay the freight and average, if auy, and all other lawful charges accruing on said prop- erty; but, except in those instances where it may la oy ‘be authorized to do s0, no carrier by railroad shall deliver or relinquish posaession at destination of the property covered by this bil) of lading until all tariff rates and charges thereon have n paid. ‘Uhe consignor shall be liable for the freight and all other luwful 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 payment 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. Provined, That, where the carrier has been in- atructed by the enipuer or consignor to deliver said property t o a consignee other than the shipper or conaignor, such consignee shall not be lezally liable for transportation charges in Eeacey of the transportation of said property (beyond those billed against him at the time of delivery for which he is otherwise liable) which Ws be found to be dus after the property has been delivered to him, if the consiznee (ad is an azent 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 a:ency and absence of beneficial title, and, in the case of a shipment reconsigned or diverted to & point other han that specified in the original bill of lading, haa also notified the delivering carrier in writing of the name and addreas of the beneficial owner of said property; and, in such canes the shipper or consicnor, or,in the case of g 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 himeelf be liable for such. additional charges. Nothing herein shall limit the right of the carrier to require at time of shipment the prepayment or guar- antee of the charges. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the prignt charges must be paid pep the articles aoa, shi ope * : See.8. If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of Inding, the shippers Bone e to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with euch prior bill of sadinye shall be considered @ part of this bill of lading au fully aa if the same were written or made in or in connection with this bill of lading. : Sec.9. (a) If all or any part of said ‘property is carried by water over any part of sald route, such water carriage shall be performed subject to all the terma and provisions of, and all the exemptions from liability contained in, the Act of the Congress of the United Statea, approved on February 13, 1893, and entitled ‘An act relating to the navigation of veasels, etc.,"’ and o other etatutes of the United Statea according carriers by water the protection of limited liability, and to the conditions contained in this bill of luding not inconsistent therewith or with this section, ‘i No such carrier by water shall be liable for any loxs or damage reeulting from any fire happening to or on board the vessel, orfrom explosion, bursting of boilers or breakage of shafts, unless caused by the design or neglect of auch carrier, (c) Tf the owner ehall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped, and supplied, no auch carrier shull be liable for any losa or damage resulting fromm the perils of the lakes, seas, or other waters, or from latent defects in hull, machinery, or appurtenances whether existing prior to, at the tiie of, or after sailing, or from: collision, stranding, or other accidenta of navigation, or from prolongation of the voyag And, wheu for any reason it is necensary, any vessel carrying any or all of the property herein described shull be at liberty to call at any port or ports, in or out of the custom- ury route, to tow and be towed, to transfer, trans-ship, or lighter, to load and discharge goods at any time, to assist veasela in distress, to deviate for the purpose of saving life or property, and for docking and repairs. Except in case of negligence such carrier shall not be responsible fur any loss or damage to property ifit be necessary or is usual tu carry the same upon deck, (d) General Average shall be payable according to the York-Antwerp Rules of 1924, Sections 1 to 15, inclusive, and Sections 17 to 22, inclusive, and as to matters not covered thereby according to the laws and usacea of the Port of New York. Ifthe owners shall have exercised due dilizence to make the vessel in all respects seaworthy and properly manned, equipped and sup- plied, it is hereby agreed that in case of danger, damage or disaster resulting from faulta or errors in navigation, or in the manage- ment of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthinese whether existing at the time of shipment or nt the beginning of the-voyage (provided the latent or other defects or the unsea- worthiness was not discoverable by the exercise'of due dilirence), the shippers, consirnees and-or owners of the cargo shall never- theless pay ealvare and any specia) charges incurred in respec? of the eargo, and shall eontribute with the shipowner in general average to the payment of any sacrifices, logses or expenses of a generul Average nature thut may be made or incurred for the common bene fit or to relieve the adventure from any common peril. (s) If the property is being carried under a tariff which provides that any carrier or carriers party thereto shall be liabie for loss from perils of the sea, then as to such carrier or carriers the provisions of this section shall be modified in accordance with the tariff provisions, which shall ba regarded as incorporated into the conditions of this bill of lading. 2 (f) The term “water carriage ”’ in this section shall not be construed aa including lighterage in or across rivers, harbors, or lakea, when performed by or on behalf ofjrail carriers. ‘ Sec, 10. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the acent Pe the carrier issuing thia bill of lading, aball be withcut effect, and thia bill of lading shall be enforceable according to ite original tenor,