18. At Genoa receivers shall pay the cost of assorting staves at the rate of 11⁄2 cents per 100 pounds.

19. Transshipment.-Transshipment of cargo for ports not included within the vessel's itineary is to be at the expense of the vessel and subject to all conditions, stipulations, and exceptions in bill of lading or freight note in use by the carrier or carriers completing the transit. Neither the vessel, her owner, nor agent shall be deemed to be the agent of such carrier or carriers. If upon the arrival at port of transshipment there shall be no carrier ready to receive the goods, said goods may be discharged into lighters or stored under suitable available protection at the risk and expense of the goods. Neither the vessel, her owner, nor agent shall be liable for loss, damage, or delay occurring after the discharge of said goods.

20. War clause.-In event of war conditions existing or threatened, vessel has liberty to proceed via any route to destination, to deviate from or change advertised or intended route at any time or stage of the voyage, to abandon the voyage, to put into or remain at any port, and to discharge the cargo at any port if circumstances in the judgment of the shipowner or master render it advisable. Neither the vessel, her owner, agent, nor master shall become or be held liable for any lose, damage, or delay arising directly or indirectly from war risks, from hostilities, or from the act or restraint of any government. 21. Stowage. Goods shall not be required to be stowed according to provisions of the French stowage of goods act of December 1, 1893, but according to rules and customs of the port of loading of the goods.

22. Cotton. The description of the condition of the cotton does not relate to the insufficiency of, or the torn condition of the covering, nor to any damage resulting therefrom; carrier shall not be responsible for any damage of such nature.

In accepting this bill of lading the shipper, owner, and consignee of the goods and the holder of the bill of lading agree to be bound by all its stipulations, exceptions, and conditions, whether written, printed, or stamped, on the front or back hereof, as fully as if they were all signed by said shipper, owner, consignee, or holder, any local custom or privileges to the contrary notwithstanding.

In witness whereof the master or agent of the said vessel has affirmed to two bills of lading all of this tenor and date, one of which being accomplished, the other to stand void.

Dated at‒‒‒

CONTRACT IN NETHERLANDS TRADE

May, 1921.

Amended January, 1923.

NETHERLANDS ASSOCIATION FOR THE TRADE IN FAT, OILS, AND OLEAGINOUS SEEDS (Nederlandsche Bond voor den Handel in Vetten, Oliën en Olieza den)

ΤΟ

Secretary's Offices: Schiedamschesingel 7, Rotterdam
CONTRACT FOR THE TRADE IN STEAMLARD

ROTTERDAM,
AMSTERDAM,

in

19--.

and such on the following conditions, in which those in writing have the preference to those printed.

ARTICLE 1

Sale. These rules apply to goods bought (a) on shipment, (b) afloat, (e) arrived or on spot either on c. i. f. terms (original weight of the country of origin, eventually with a guarantee of weight outturn if specially stipulated at time of purchase) or on delivered weight (to be received by buyers ex scale, on wharf or quay or ex warehouse in case the goods are stored).

Also if not actually sold on c. i. f. conditions, are yet understood, as regards goods spot Rotterdam/Amsterdam or to be supplied from foreign countries; goods not entered at the customhouse at the port of delivery.

The term c. i. f. shall mean that shipper shall pay only cost, freight, and insurance (other than war risk and pilferage) to discharging berth of vessel at point named in contract, or in case of transshipment to other agreed destinations, such, insurance to cover goods on lighters, dock, wharf, or quay until delivered into the possession of the buyer, but in no event for a period exceed ing 10 days after discharge from vessel.

On c. i. f. contracts, all risks shall be on buyer's account after actual shipment from the packing house or store.

When the sale is concluded on original American weight same is calculated as stated on shipment from the plant or where the goods may be lying, by reducing 2201⁄2 pounds=100 kilos.

When the sale is concluded on original English weight the reducing is to be 112 pounds=50 kilos.

Other weights to be reduced according to special agreement.

When the sale is concluded on "outturn weight guaranteed" the weighing is to take place for buyer's account.

If the payment is to take place against original documents on the basis of a preliminary invoice, the difference between the weight preliminarily invoiced and the one to be definitely invoiced, is to be settled immediately same has been fixed.

In case the sale has been concluded on "delivered weight" the weighing is to take place for seller's account.

Both parties must give each other the opportunity to control the weighing.

ARTICLE 2

Packages and tare.-The goods must be packed in the manner and of the weight usual to the brand.

The tare must be calculated as stenciled on the package.

Should the numbers and the tare of a parcel or part thereof be illegible, in that case for the tare per package for that parcel or part thereof is calculated the average tare per package of the whole parcel according to the original weight notes.

In case the original weight note is not available, the invoice average tare takes its place.

Should the buyer not be willing to acknowledge the original weight note or tare slip or invoice tare and demand arbitration, he must supply the proof of the incorrectness. Only exceptional deviations in excess of customary soakage, stated within a month after arrival of the goods, or in case at the time of sale the goods are on spot, stated within a month after reception of the goods, can be taken as proof of the incorrectness.

ARTICLE 3

Weighing. When sales have been concluded on the basis of original weight outturn guarantee, or on outturn or delivered weight, final settlement shall be made on the basis of the gross weight ascertained at the port of discharge by sworn weighers, who shall weigh each draft to within one-half of a kilo, the original tare being deducted taking into consideration the contents of article 2.

The tare is reduced: North American 2201⁄2 pounds=100 kilos; English and Australian, 112 pounds=50 kilos.

In the case of lard in packages of uniform weight, such as firkins, tubs, pails, boxes, etc., the marked net weight shall be final.

ARTICLE 4

Should it be agreed upon, in a contract, concluded on the basis of original weight, that the loss in weight in excess of a certain percentage is to be refunded, the gross weight must be fixed by sworn weighers within 72 hours (Sundays and holidays excluded) after discharge of the goods on the quay in the port of arrival, not losing sight of the details stated in articles 2 and 3. Claims for loss in weight fixed elsewhere and/or in any other way are not taken into consideration.

ARTICLE 5

With c. i. f. sales on original as well as on outturn weight, all expenses at the port of discharge are for buyer's account, unless these expenses should be incurred through negligence on the part of the seller.

Should the sale be concluded on the basis of free on quay delivered weight, the expenses of putting the goods on the quay, also the expenses for weighing and delivery on quay are for seller's account. All other expenses are for account of the buyer.

Should the sale have been concluded on delivered weight ex warehouse or to be received from other places, where the goods may be stored the expenses for rent, insurance, up till eight days after the date of sale, delivery and weighing are for seller's account; all other expenses are for buyer's account.

ARTICLE 6

Shipment. As places of shipment the plant or the place where the goods are lying is applicable.

Shipments, provided forwarded within the period stipulated, can take place in one parcel or in parts, each part to be considered as a separate contract, each counter mark to be considered as a separate part.

"Immediate shipment" must take place within 10 days after the day of sale, the date of sale itself not to be counted.

"Prompt shipment" from places in Europe must take place within 14 days from those outside Europe within three weeks after the day of sale, the date of sale not being counted. As the day of sale count the date of the sales note in Holland. In case of a certain period of shipment, the last day of that period counts as the very latest day of shipment. The date of the bill of lading or through bill of lading counts as date of shipment. In case goods are being shipped on ocean bill of lading the seller, if desired, must prove that the goods have been shipped from the plant in good time. In case sales have been concluded on the condition of shipment first half January, March, May, July, August, October, and December, the 16th day of these months counts as the latest day of shipment, whilst for the first half of the other months, the 15th day of these months counts as the latest day of shipment.

If a contract has been concluded on the condition "shipment from seaport," the seller is considered to have fulfilled his obligations, if he can give the necessary proofs that he has engaged in good time freight room on a steamer or steamers, which were scheduled to sail from seaport within the period mentioned in the contract, also the proof that the goods were lying in the seaport at the time that the steamer or steamers in question were scheduled to sail.

If goods are sold for shipment by direct steamer, the seller has fulfilled his obligations if he can show that he has engaged freight on a steamer or steamers, which at time of contracting the freight were scheduled to sail direct to the port of destination, without touching any other port for the purpose of discharge or loading of cargo.

ARTICLE 7

Notification. By contracts on shipment the seller has fulfilled his obligations, as far as the shipment is concerned, as soon as the goods have been shipped according to contract and notification has been sent to the buyer.

If goods, shipped against a certain contract, which, however, had not yet been notified, should get lost, it lies with the seller to show that these goods were shipped against the contract in question.

The documents, provided that they give sufficient evidence that the goods have been shipped against the contract in question, shall be taken as proof of such shipment.

ARTICLE 8

Period of reception.-If spot goods are warehoused, the buyer has to take delivery of the goods within eight days after the day of sale. The seller is bound to be prepared to tender the goods to the buyer within 48 hours after the day of sale.

Goods arrived or spot, which have not been sold on c. i. f. conditions and which have not been warehoused, must be taken delivery of by the buyer within 72 hours (Sundays and holidays excluded) after discharge and notification. After said periods the goods are lying entirely at risk and expense of the buyer.

ARTICLE 9

If spot goods already sold, or goods sold on delivered terms, should be destroyed through fire, theft, or otherwise, or get lost and therefore can not be delivered within the period stipulated, the agreement is canceled (or partly canceled in case of part destruction) and the seller is not compelled to supply another parcel, neither has the buyer the right to claim any damage in such

cases.

ARTICLE 10

By simply exceeding the time limit, both as regards delivery and shipment, the negligent seller is at fault, even without has having been placed in default by the other party by being summoned or otherwise.

Should the buyer exceed the time limit, the seller is fully entitled to immediately ask for arbitration without having summoned the buyer beforehand. If in deviation from article 1 the goods have not been sold on shipment, afloat, arrived, or spot, either party is even then still entitled to immediately apply for arbitration, should the time limit have been exceeded.

ARTICLE 11

Quality.-Seller has fully fulfilled his obligations as regards quality by supplying an inspection certificate of the "Board of Trade" or the "New York Produce Exchange"; from which it appears that the parcel delivered is "Prime steamlard of choice quality."

Should the seller fail to furnish such certificate, any dispute arising as to quality shall be decided by arbitration, as provided for in this contract.

ARTICLE 12

Payment.-Payment must take place cash without discount, in Rotterdam or Amsterdam, no matter what reports may have circulated about ship or cargo. For goods arrived or spot, payment is to take place net cash on delivery. For goods sold "on shipment' or "afloat" the payment is to take place against documents, if sold on c. i. f. terms.

If sold on shipment" or "afloat" on delivered weight conditions, the payment is to take place immediately after the weighing has taken place.

If the payment is to take place against documents, the buyer is obliged to pay same immediately on presentation or on having received the advice, from which it appears that the full set of documents is deposited with a bank. The full set of documents consists of

(a) Bill of lading or all bills of lading, if more than one negotiable copy has been issued;

(b) Insurance certificate or certificates;

(c) For North American goods an inspection certificate or certificates of the Bureau of Animal Industry.

If one or more parcels, intended for different buyers, have been shipped on one bill of lading the seller is entitled to have this bill of lading split up by the steamship company, a stamped note of arrival or a delivery order from a ship broker or from a warehousing corporation takes the place as document for the bill of lading. Same can also be replaced by a delivery order of the seller, countersigned by the ship brokers or the warehousing corporation.

In case of the documents not having come to hand or being incomplete, the seller is entitled to hand instead of same a bank guarantee on which the goods can be received.

Each payment on account, by buyers, who have concluded sundry contracts with the same seller, is considered to have taken place for goods in rotation of the delivery, unless otherwise stipulated.

ARTICLE 13

Inspection. The inspection of the parcels arrived must take place by the buyer or his representative before taking delivery of each parcel, i. e., according to article 8, within 72 hours. If buyer and seller do not agree as regards the quality, either of them is entitled to ask for a verdict by arbitration as regards the quality.

The one who wishes to make use of this right must himself, or through the intermedium of the person authorized for this purpose, immediately inform the other party as well as the secretary of the committee of arbitration mentioned in the regulations for arbitrations of the association after the inspection, in any case the latest within 72 hours after discharge of the goods (unless both parties have agreed to extend this period in order to come to an amiable settlement).

The secretary of the committee of arbitration appoints at once 3 arbitrators, who must have completed their labors the latest 48 hours (Sundays excluded) after such an appointment.

If arbitrators are of opinion that the parcel in question, either the whole or part of it, does not come up to the requirements as regards quality, they state with what difference in price the goods must be received by the buyers. If according to the opinion of the arbitrators the deviations of the requirement with regard to quality are of extraordinary nature, or also if according to their opinion bad faith has been disclosed, they may stipulate that the goods need not be taken delivery of by buyers, eventually with a bonification to the buyer.

The arbitrators will fix at the same time for whose account the expenses, damages, and interests caused through the delay in the reception of the goods will be.

ARTICLE 14

Default. If before the fulfillment of the contract either of the parties should be placed in receivers' hands or fail or suspend payment, the contract will be immediately executed through sale by public auction or by purchase through a sworn broker within eight days, unless either or both parties prefer to have the price of settlement at the price of the day fixed by arbitrators, taking into consideration the costs.

ARTICLE 15

Force majeure.-If because of force majeure or any cause or causes beyond the reasonable control of the seller he is unable to make shipment of the goods or any part thereof, he shall give notice thereof, by telegraph if possible, to the buyer before the expiration of the time allowed for shipment by the contract, and thereupon the time for shipment shall be extended for 30 days or for 7 days from the time when the operation of the causes preventing the due shipment of the goods has ceased, whichever shall be the shorter period. Should the delay last longer than 30 days the contract is canceled.

In any case of force majeure arising after due shipment of the goods which is beyond the reasonable control of either party, the contract shall be extended but only for the period that the force majeure exists.

If for parcels arrived the contract is extended through force majeure, a possible deterioration in quality, which is the consequence thereof, is for account of the buyer, whilst all expenses for warehousing, lighterage, etc., also loss of interest, are for account of the seller.

If goods are sold on shipment from Dutch ports only, the two last aforegoing paragraphs count.

ARTICLE 16

Insurance. The marine insurance must cover invoice value plus 10 per cent, free under 3 per cent according to policy of insurance, in series of one package.