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Sec. 1. (a ) T h e carrier or party In possession o f anyN o f the property herein described shall b e liable as a t common law for any loss thereof or damage thereto, except as hereinafter provided. (b ) N o carrier or party in possession o f all or any o f the property herein described shall be liable for any loss thereof or damage thereto or delay caused b y the act o f God, the public enemy, the author­ity o f law, or the act or default o f the shipper or owner, or for natural shrinkage. T h e carrier’ s liability shall be that o f warehouseman, only, fo r loss, damage, or delay caused b y fire occurring after the expiration o f the free time allowed b y tariffs law fully on file (such free time to b e computed as therein p ro vid ed )a fter notice o f the arrival o f the property a t destination or a t the port o f export ( i f intended fo r export) has been duly sent or given, -\nd a fter placement o f the property for delivery at destination, or tender o f d elivery o f the property to the party entitled to receive it, has been made. Except in case o f negligence o f the carrier or pa) y iri possession (and the burden to prove freedom from such negligence shall Be on the carrier or p arty in possession), the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request o f the shipper, owner, or party entitled to make such request, or resulting from a defect or vice in the property, or fo r country damage to cotton, or from riots or strikes. (o ) In case o f quarantine the property m ay be discharged at risk and expense o f owners into quarantine depot or elsewhere, as required b y quarantine regulations' or authorities, or for the carrier’ s dispatch a t nearest available point in carrier’ s judgment, and in an$ such case carrier’ s responsibility shall cease when property is so discharged, or property m ay be returned b y carrier a t owner’s ex­pense to shipping point, earning freight both ways.# Quarantine expenses o f whatever nature or kind upon or in respect t o property shall be borne b y the owners o f the property or be a lien thereon. T h e carrier shall not be liable for loss or damage occasioned b y fumigation or disinfection or other acts required or done b y quarantine regulations or authorities even though the same m ay have been done b y carrier’s officers, agents, or employees, nor for detention, loss, or damage o f any kind occasioned b y quarantine or the enforcement thereof. N o carrier shall be liable, except in case o f negligence, for any mistake or inaccuracy in any information furnished by the carrier, its agents, or officers, as to quarantine laws or regulations. T h e shipper shall hold the carriers harmless from 'any expense they may incur, or damages they m ay be required to pay, by reason o f the introduction o f the property covered^ b y this contract in to any place against the quarantine laws or regulations in effect a t such place. Sec. 2. (a ) N o carrier is bound to transport said property b y any particular train or vessel, or in tim e fo r any particular m arket or otherwise than with reasonable dispatch. E v e ry carrier shall have the righ t in case o f physical necessity t o forward said property b y any carrier or route between the point o f shipment and the point o f destination. In all cases not prohibited b y law, where a low er value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value o f the property as determined by the classification or tariffs upon which the rate, is based, such low er value plus freight charges if paid shall be the maximum amount to be recovered, whether or n ot such loss o f^ a m a g e occurs from negligence. (b ) A s a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier issuing this bill o f lading, or carrier on whose line the loss, damage, injury or delay occurred, within nine months after d elivery o f the property (or, in case o f export traffic, within nine months after delivery, a t port o f export) or, in case o f failure to m ake delivery, then within nine months after a reasonable tim e for delivery has elapsed; and suits shall be instituted against any carrier only within tw o years and one day from the day when notice in writing is given b y the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance w ith the fore­going provisions, no carrier hereunder shall.be liable, and such claims w ill n ot be paid. (c ) A n y carrier or party liable on account o f loss o f or damage to any o f said property shall h ave the fu ll benefit o f any insurance that may have been effected upon or on account o f said property, so fa r as this shall n ot avoid the policies or contracts o f insurance: Provided, T h at the carrier reimburse the claimant for the premium paid thereon. Sec. 3. Except where such service is required as the result o f carrier’s negligence, all property shall be subject to necessary cooperage and baling a t owner’ s cost. Each carrier over whose route cotton or cotton linters is to b e transported hereunder shall have the privilege, at its own cost and risk, o f compressing the same fo r greater convenience in handling or forwarding, and shall not b e held respon­sible for deviation or unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is a railroad, public or licensed elevator, m ay (unless otherwise expressly noted herein, and then if it is not prom ptly unloaded) be there delivered and placed with other grain o f the same kind and grade without respect to ownership (and prompt notice thereof shall be given to the consignor), and i f so delivered shall b e subject to a lien fo r elevator charges in addition to all other charges hereunder. Sec. 4. (a ) P roperty not removed b y the party entitled to receive it within the free time-allowed b y tariffs, law fully on file (such free time to b e computed as therein provided), after notice o f the arrival o f the property a t destination or a t the port o f export ( i f intended for export) has been duly sent or given, and after placement o f the property for delivery a t destination has been made, may be k ept in vessel, car, depot, warehouse or place o f delivery o f the carrier, subject to the tariff charge for storage and to carrier’s responsibility as warehouseman, only, or at the option o f the carrier, may be removed to and stored m a public or licensed warehouse a t the place o f d elivery or other available place, at the cost o f the owner, and there held without liability on the part o f the carrier, and sub­ject to a lien for all freight and other law ful charges, including a reasonable charge for storage.^ _ . - . (b ) W here nonperishable property which has been transported to destination hereunder is refused b y consignee or the party entitled to receive It, or said consignee or party entitled to receive it fails to receive it within 15 days after notice o f arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder, a t such place as may be designated b y the carrier: Provided, T h a t 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 m ay be, and that it will be subject ti> sale under the terms o f the bill o f lading i f disposition b e n ot arranged for, and shall h ave published notice containing a description o f the propertyj the name o f the party to whom consigned, or, i f shipped order n otify, the name o f the party to be notified, and the tim e and place o f sale, once a week for tw o successive weeks, in a newspaper o f general circulation a t the place o f sale or nearest place where such newspaper is published: Provided, T h a t 30 days shall have elapsed before publication o f notice o f sale after said notice that the property was refused or remains unclaimed was mailed, sent, or given. (c ) . W h ere perishable property which has been transported hereunder to destination is refused b y consignee or p arty entitled to receive it, or said consignee or party entitled to receive It shall fa il to receive it prom ptly, the carrier may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage a t private or public sale: Provided, T h at i f time serves for noti­fication to the consignor or owner o f the refusal o f the property or the failure to receive it and request fo r disposition o f the property, such notification shall be given, in such manner as the exercise of due diligence requires, before the property is sold. f . . . . (d ) Where the procedure provided for in the tw o paragraphs last preceding Is n ot possible, It Is agreed that nothing contained in said paragraphs shall be construed to abridge the fig h t o f the carrier at its option to sell the property under such circumstances and in such manner as m ay be authorized b y law. (e ) T h e proceeds o f any sale madef under this section shall be applied b y the carrier to the payment o f freight, demurrage, storage, and any other lawful charges and the expense o f notice, adver­tisement, sale, and other necessary expense and o f caring for and maintaining the property, i f proper care o f the same requires special expense, and should there be a balance it shall be paid to the owner o f the property sold hereunder. • ' • y ( f ) Property destined to or taken from a station, wharf, or landing a t which there is no regularly appointed freight agent shall b e entirely a t risk o f owner after unloaded from cars or vessels or until loaded in to cars or vessels, and, except In case o f carrier’ s negligence, when received from or delivered to such stations, wharves, or landings shall be a t owner’ s risk until the cars are attached to and after th e y are detached from locom otive or train or until loaded into and a fter unloaded from vessels. _ . . - . Sec. 5. N o carrier hereunder w ill carry f>r be liable in any w ay for any documents, specie, or for any articles o f extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value o f the articles are indorsed hereon. > | g ?.. . \ I . Sec. 6. E v e ry party, whether principal or agent, shipping explosives or dangerous goods, without previous full w ritten disclosure to the carrier o f their nature, shall be liable for and indemnify the carrier against all loss or damage caused b y such goods, and such goods m ay be warehoused at owner’ s risk and expense or destroyed without compensation. Sec. 7. T h e owner or consignee shall pay the freight and average, i f any; and all other lawful charges accruing on said property; but, except in those instances where It m ay law fully be authorized to do so, no carrier b y railroad shall deliver or relinquish possession a t destination o f the property covered b y this bill o f lading^ until all tariff rates and charges thereon have been paid. T h e consignor shall be liable fo r th e freight and all other law ful (marges, except that i f the consignor stipulates, b y signature, in the space provided for that purpose on the face o f this bill o f lading that the carrier shall not make d elivery without requiring payment o f such charges and the carrier, contrary to such stipulation, shall m ake d elivery without requiring such payment, th e consignor (except as hereinafter pro­vided) shall not be liable fo r such charges. Provided, that, where the carrier has been instructed b y the shipper or consignor' to deliver said property to a consignee other than th e shipper or consignor, such consignee shall not be legally liable fo r transportation charges in respect o f the transportation o f said property (beyond those billed against him at the time o f delivery for .which he is otherwise liable) which m ay be found to -be due after the property has been d elivered to him, i f the consignee (a ) is an agent only and has no beneficial title in said property, and (b ) prior to delivery o f said property has notified the delivering carrier in w riting o f the fa ct o f such agency and absence o f beneficial title, and, in the case o f a shipment reconsigned or diverted to a point other than that specified in the origi­nal b ill o f lading, has also notified the delivering carrier in writing o f the name and address o f the beneficial owner o f said property; and, in such cases the shipper or consignor, or, in the case o f a shipment so reconsigned or diverted, the beneficial owner, shall be liable for such additional charges'" I f 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. N othing herein shall lim it the right o f the carrier to require a t tim e o f shipment the prepayment or guarantee o f the charges. I f upon inspection i t is ascertained that the articles shipped are not those described in this biU o f lading, the freight charges must be i>aid upon the articles actually shipped. ' Sec. 8. I f this bill o f lading is issued on the order o f the shipper, o r his agent, in ^exchange or in substitution fo r another bill o f lading, the shipper’ s signature to the prior bill o f lading as to the state-ment o f value or otherwise, or election o f common law or bill o f lading liability, in or in connection with such prior bill o f lading, shall be considered a part o f this bill o f lading as fully as i f the same were written or m ade in or in connection with this bill o f lading. - - . . . - Sec. 9. (a ) I f all or any part o f said property is carried b y w ater over any p art o f said route, such w ater carriage shall be performed subject to all the terms and provisions of, and all the exemptions from liability contained in, the A c t o f the Congress o f the U nited States, approved on February 13, 1893, and # entitled “ An act relating to the navigation o f vessels’, etc.,” and o f other statutes o f the U nited States according carriers by water the protection o f lim ited liability, and to the conditions contained in this bill o f lading not inconsistent therewith or w ith this section. . ~ ' (b ) N o such carrier b y water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting o f boilers or breakage o f shafts, unless caused b y the design or neglect o f such carrier. • ; ... & _ . (c ) I f the owner shall have exercised* due diligence In making the vessel in all respects seaworthy and properly manne^i, equipped, and supplied, no such carrier shall be liable for any loss or damage resulting from the perils o f the lakes, seas, or other waters,, or from latent defects in hull, machinery, or appurtenances whether existing prior to, a t the time of, or after sailing, or from collision, stranding, or other accidents o f navigation, or from prolongation o f the voyage. And, when for any reason it is necessary, any vessel carrying any or all o f the property herein described shall be a t liberty to call at any port or ports, in or out o f the customary route, to tow and b e towed, to transfer, trans-ship, or lighter, to load and discharge goods a t any time, to assist vessels in distress, to deviate for the pur­pose o f saving life or property, and for docking and repairs.. Except in case o f negligence such carrier shall not be responsible for any loss or damage to property i f it be necessary or is usual to carry tile same upon deck. - . '' , r (d ) General Average shall b e payable according to the York-Antw erp Rules o f 1924, Sections 1 to 15, inclusive, and Sections 17 to 22, Inclusive, and as to matters not covered thereby according to the laws and usages o f the P o rt o f N ew York . I f ;the owners shall have exercised due diligence to m ake the vessel in all respects seaworthy and properly manned, equipped and supplied, it is hereby agreed that in case o f danger, damage or disaster resulting from faults or errors In navigation, or in the management o f the vessel, or from any latent or other defects in the vessel, her machinery ot appurte­nances, or from unseaworthiness, whether existing a t the tim e o f shipment or a t the beginning o f the voyage (provided the latent or other defects or the unseaworthiness was not discoverable b y the ex­ercise o f due diligence), the shippers, consignees and/or owners o f the cargo shall nevertheless pay salvage and any special charges incurred in respect o f the cargo, and shall contribute w ith the shipowner in general average to the payment o f any sacrifices, losses or expenses, o f a general average nature that m ay be made or incurred for the common benefit or to relieve the adventure from any common peril. (e ) I f the property is being carried under a tariff which provides that any carrier or carriers party thereto shall be liable for loss from perils o f the sea, then as to such carrier or carriers the provisions o f this section shall be modified in accordance w ith the tariff provisions, which shall be regarded as incorporated into the conditions o f this bill o f lading. | ( f ) T h e term “ water carriage” in this section shall not b e construed as including lighterage in or across rivers, harbors, or lakes, when performed b y or on behalf o f rail carriers. | Sec. 10. A n y alteration, addition, or erasure in this bill o f lading which shall be m ade without the special notation hereon o f the agent o f the carrier issuing tins bill o f lading, shall be without effect, and this b ill o f lading shall b e enforceable according t o its original tenor. CONTRACT TERMS AND CONDITIONS {Revised Avgust 1, 19S0)