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Sec. 1. (a ) T h e carrier or party In possession o f any o f the property herein described shall be liable as a t common law fo r any loss thereof or damage thereto, except as hereinafter provided. ( b ) N o carrier or party in possession o f all or an y o f th e property herein described shall be liable for an y loss thereof or damage thereto or delay caused by the act o f God, the public enemy, the author** it y o f law , or th e 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, for loss, damage, or delay caused b y fire occurring after the expiration o f the free tim e allowed b y tariffs lawfully on file (such free time to be 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 ( if intended fo r export) has been duly sent or given, -and after placement o f the property for delivery a t destination, or tender o f delivery 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 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 b e 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 for country damage to cotton, or from riots or strikes. ' # (c ) In case o f quarantine th e 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 fo r the carrier’s 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 m ay b e 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 to property shall b e borne b y the owners o f the property or be a lien thereon.' T h e carrier shall not be lia ole fo r 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 fo r 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 b y 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 th ey m ay be required to pay, b yrpason o f the introduction o f the property covered^ b y this contract into 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 for any particular m ari& t .jor otherwise than with reasonable dispatch. E v e r y carrier shall have the right in case o f physical necessity to forward said property b y a n y carrier or route between the point o f shipment and the point o f destination. In all cases not prohibited by law, where a lower value than actual value has been represented in w ritin g ijy the shipper or lk s been agreed upon in w riting as tbd 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 i f paid shall b e the maximum amount to be recovered, whether o r n otsu ch loss or damage'occurs from negligence. (fe) A sva condition precedent t o recovery, claims must be filed in w riting w ith thb receiving or delivering carrier, or carrier issuing this bill o f lading, or carrier on whose lipe the loss, damage, injury or ? delay rocfiurred, w ithin nihe jmonihs 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 make delivery, then within .nine ffipfithfr*after a reasonable -tim e fo r 'delivery has elapsed; and suits shall be*instituted against any c areer only within tw o years and one day from the;day when notice in writing is given by the carrier to the claimant th at-th e carrier has disallowed the claim or any part or parts thereof specified in the notice. W here claims are n o t filed or .suits are n o t instituted thereon in accordance with- the fore­going provisions, no carrier hereunder shall be liable, and such claims w ill not ‘be paid. , , . ' ^ ^ ^ ^ ' . (c ) A n y carrier or party liable on account o f loss o f or damage to a n y o f said property' shall have the full benefit 'o f any insurance that may havefbeen effected upon, or on account o f said property, flo fa r as this shall n ot avoid the policies or contracts o f insurance: Provided, T h a t the carrier reimburse the claimant fo r 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’ sicost. Each carrier over whose route cotton or cotton linters is to be transported hereunder shall h ave the privilege, a t its own cost and risk, o f compressing the same for greater convenience, if f handlmg-or forwarding,'and shall not be held respon­sible fo r deviation or unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is a railroad, public or licensed elevator, may (unless otherwise expressly noted herein, and then i f it is not prom ptly unloaded) be there delivered and placed with other grain o f the same kind and grade withoutrrespect to ownership (and prompt notice thereof shall be given to the consignor), and i f so delivered shall be subject to a lien for elevator charges in addition-to all other charges hereunder. Sec. 4. (a ) Property n ot removed b y the party entitled to receive it within the free tim e allowed by tariffs, lawfully on file (such free time to be computed as therein provided), after notice o f the arrival o f the property at destination or a t the port o f export ( i f intended fo r export) has been duly sent or given, and a fter placement o f the property for delivery at 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 in 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 p art o f the carrier, and sub­ject to a lien fo r 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 m ay sell the same a t public auction to the highest bidder, at such place as m ay be designated by 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 w ill be subject to sale under the terms o f the bill o f lading i f disposition be not arranged for, and shall have published nfltice containing a description o f the property, the name o f the party to whom consigned, or, if shipped order n otify, the name o f the party to be notified, and the time and place o f sale, once a week for tw o successive weeks, in a newspaper ..oLgeneral 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 a fter said notice that the property was refused or remains imclaimed was mailed, sent, or given. (c ) .W here perishable property which has been transported hereunder to destination is refused by consignee or p arty entitled to receive it, or said consignee or party entitled to receive it shall fail to receive it prom ptly, the carrier m ay, 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 noti-- fication 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 o f due diligence requires, before the property is sold. • . * (d ) Where the procedure provided for in the 'tw o paragraphs last preceding Is not possible, It is agreed that nothing contained in said paragraphs, shall be construed to abridge the righ t o f the carrier at its option to sell the property under such circumstances and in such manner as may be authorized b y law. (e ) T h e proceeds o f any sale made 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 i t shall be paid to the owner o f the property sold hereunder. . ?'*. ( 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 at risk o f owner a fte r unloaded from cars or vessels or until loaded into 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 at owner’ s visk until the cars are attached to and a fter they are detached from locom otive or train or until loaded into and after unloaded from vessels, ^ - ... '? : . Sec. 5. N o carrier hereunder w ill carry or b e liable in an y w ay for any documents, specie, or for an yarticles o f extraordinary Value n ot specifically rated in the published classifications or tariffs unless e special agreement to do so and-a stipulated value o f the articles are indorsed hereon. _ _ ^ ’ '*? . . . Sec. 6. E v e ry party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to tire carrier o f their nature, shall l p liable for and indemnify the carrier against afi loss or damage caused b y such goods, and such goods may be warehoused a t 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 d o so, no carrier b y railroad shall deliver or relinquisn possession a t destination o f the property covered b y . this bUl of- lading until all tariff rates and charges thereon have-been paid. T h e consignor Bhall be liable fo r the freight and all other law fu l charges, 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 make delivery without requiring such payment, the consignor (except as hereinafter pro­vid ed ) shalT not be liable for such charges. Provided, that, where the earner has been instructed by the shipper or consignor to deliver said property to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect o f the transportation o f said property (beyond those billed against him a t jbhe time o f delivery for which he is otherwise liable) which m ay be found to be due after the property has been delivered 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 writing o f the fact 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 bill 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 bo 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 limit the right o f the carrier to require at time o f shipment the prepayment or guarantee o f the charges. I f upon inspection it is adeertained that the articles shipped are not those described in this bill o f lading, the freight charges must be paid upon the articles actually shipped. # Sec. 8. I f this bill o f lading is issued on the order o f the shipper, or his agent, in exchange or in substitution for another bill o f lading, the shipper’ s signature to the prior bill o f lading as to the state­ment 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 if the same were written Or m ade in or in connection with this bill o f lading. - * g | . . - , . S'.'" Sec. 9. (a ) I f all or any part o f said property is carried b y w ater over any part o f said route, such water carriage shall be-performed subject to all the terms and provisions of, and all the exemptions from liability contained in ,'th e A c t o f the Congress o f the United 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 n ot inconsistent therewith or with this section. (b ) N o such carrier b y w ater 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 by the design or neglect o f such carrier. _ i H g . ? ~ . - _ (c ) I f the owner shall have exercised duo diligence in Slaking the vessel in all respects seaworthy and properly manned, equipped, and supplied, no such carrier shall b e 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 coUision, stranding, or other accidents o f navigation, or from prolongation o f the voyage. And, when for any reason it is necessary, a n y ' vessel carrying any or all o f the property herein described shall b e at liberty to call at any port or ports, in or out o f the customary route, to to w and be towed, to transfer, trans-ship, or lighter, to load and discharge goods at 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 n ot be responsible for any loss or damage to property i f it be necessary or is usual to carry the same upen deck. . - M - ... (d ) General Average shall be payable according to the Y ork-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 Y ork . I f the owners shall have exercised due diligence to make 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 or 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 unsea worthiness’ was not discoverable b y th e 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 with the shipowner in general average to the payment o f any sacrifices, losses or expenses o f a general average nature th at m ay be made or incurred for the common benefit or to relieve the adventure from an y common peril. (e ) If. 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 be construed as including lighterage in or across rivers, harbors, or lakes, when performed b y or on behalf o f rail carriers.. a Sec. 10. A n y alteration, addition, or erasure in this b ill o f lading which shall be made without the special notation hereon o f the agent o f the carrier issuing this b ill o f lading, shall b e without effect, and this bill o f lading shall be enforceable according to its original tenor. CONTRACT TERMS AND CONDITIONS (Revised August 1, 1980)