Effective lst October 1995

SELLERS

INTERVEMNG AS BROKERS

BTJYERS .have this day entered into a co.rtmct on the following terms and conditions.mean goods of the contractual description.

3. PRICE-AI. . . .* per tonne of 1000 kilograms

* per ton of 1016 kilograms or 2240 lbs.

No: 100

CopyrightTHE GRAIN AND FEED TRADE ASSOCIATION

CONTRACT FOR SHIPMENT OF FEEDINGINGSTIIIT'SIN BTJLK

TALE QUALE - CIF TER]VTS

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1. GOODS-- n'1"i* ""t"i i"aL" t"*ii" ^ p..p.'ii"", r'"'i,ig r"i".j L tr'" "rru*"t";.iiir'ot ir.'.g"oj. uni *"tirJ. "i i'"^irl"e, L o"taken and paid for as cakes. Goods in bulk but Buyers agrce to accept up to 15 % in stowage bags, such bags to be talen andpaid for as cakes and any_cutting to be paid for by Buyers. Sellers have the option of shipping the whole or pad of thequantity in excess of 15% in bags, in which case the excess over l57o shall be deliverdl- in bulk and Selleis shall beresponsible for cutting the excess bags which remain their property,

2, QUANTITY- . . . . ZVo more or less.Sellers shall have the option of shipping a further 3% more or less than the contract quantity. The excess above 2% or thedetLciency below 2% shall be settled on the quantity thereof at shipment at market value on the last day of discharge of theve$sel at the port of destination; the value to be hxed by arbitration, unless mutually agreed. Should Sellers exerciso theoption to ship up to 5% more, the excess over 2% shall be paid for provisionally at contract price. The difference berweenthe contract price and the market price calculated in accordance with the provisions of this clause, shall be adjusted in thofinal invoico.

4.

gross weight, cost, insur0nce and freight to

BROKERAGE-to be paid by sollers on tt " ,n"un "oni.u"i !u""iity, !""ii io.t or'noi ilit, i,.ri.ii r,iriiri"a ", ""i i"ir,lJ ,ffii:ll?tnon-fulfilnent is due to the successful application of the Prohibition Clause or the Force Majeuro Clause. Brokerage shallbe due on the day shipping documents arc exchanged or, if the goods a.e not appropriate-d then the brokerage shall-be dueo,n !h9 9ft! consecutive day afte. the last day for appropriation or advice of shipment.QUALITY-* At time of loading to be fair average of the season's shipments.* At time and place of shipment to be about as per sealed sample marked

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in the possession of . . . . . 32

Warranted to contain not less than . ... .. ,7" ofoil and protein combined and not more than 2.50% of sand 33and/or si-lica. Should the whole, o. any pofiion, not tum out equal to w;rranty, the goods must be taken at an allowance to 34be agre€d or seltled by arbitration as provided for below, except that for any deficiency of oil and Drotein there shall be 35allowances to Buyers at the lollowing iates. viz: I % of the contiact price for'each of th; lirst 3 unitj of deliciency under 36the warranted percentage; 2% of the contract price for the 4th and 5th units and 3% of the contract prioo for each unit in 37excess of5 and propofiionately for any fraction thereof. When the combined content of oil and protein is warranted within 38a margin (as fo,t ex mple 4o7"l42va ) no

"llowance shall be made if lhe analysis ascertained as heiein provided be not below 39

the minimum, but if the analysis results below the minimum warranted the allowanoo for deficiency sirall bo computed from 40the mean of the warranted content. For any excess of sand and/or silica there shall be an allowaica oI 1% of the contract 4lprice for each unit of excess and proportionatcly for any fraction thereof. Should the goods contain over 5% of sand and/or 42silica the Buye$ shall bo entitled to reject the goods, in which case thc contract shtll bo null and void for such quantity 43reJec[eo. 44The_goods are warranted ftee from castor seed and/or castor se€d husk, but should tho analysis show a peroontago of castor 45se€d husk not exceedng O.OO5Vo, Buyers shall not be entitled to reject the goods, but shall accept them with the following 46

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allowances: 0.75 % of contnct price if not exceeding 0 .OOI%, 1,% of cunvact price if not exceeding O.Oo2%, and 1.50/o of 47contract price if not exce€ding 0.005%. 48Should the first analysis show the goods free from castor seed and/or castor se€d husk such analysis shall be ftnal but in the 49event of the first analysis showing castor se€d husk to be present a second sample may be analyzed at thg reque,st of either 50parw and the mean of the two analyses shall be taken as final. Should the parcel contain castor seed husk in excess of 51b.OoS% Auy"t. shall be ontitled to -reject the parcel, in which case the contmct shall bo null and void for such quantity 52reie{ted. Nevertheless, should Buyers elect to retAin the parcel they shall be entitled to a further allowance for any excess 53over 0.0057o of castor seed husk, to be settled by agreemont or ar{titlatior!. For the purpose of sampling and analysis each 54parcel shall stand as a separate shipment. The right of rejection provided by this clause shall be limited to the parcel or 55parcels found to be defective. 56

PERTOD OF SHIPMENT- As per bill(s) of lading dated or to be dated 57The bill(s) of lading to be dated when the goods are actually on board. Date of the bill(s) of lading shall be accepted as proof 58of date of shipment in the absence of evidence to the contrary. In any month containing an odd number of days, the middle 59day shall be accepted as being in both halves of the month. \ 60SALES BY NAMED VESSELS- For all sales by named vessels, the following shall apply:- 61(a) Position of vessel is mutually agree-d between Buyers and Sellers', 62O) The word "now" to be inserted before the word "classed" in the Shipment and Classification Clause; 63(c) Appropriatior Clause cancelled if sold "shipped". 64SHIP'MENT AND CLASS! HCATION- Shipirint to be made in good condition, dbect or indirect, with or without 65

transhiDment f rom . . . . . . . . . . 66by hrsi class steamer(s) and/or power engined ship(s) classei not lower than 100 Al or British Corporation B.S. or top 67classification in American, French, Italian, Norwegian, German or other equal ranking Registers. 68EXTENSION OF SHIPMENT- The contract period for shipment, if such be 31 days or less, shall, if desired by the Shipper, 69be extended by an additional period of not more than 8 days, provided that the Shipper gives notice claiming extension by 10telegram, dr telex sent not lrter thrn the next business day following the last day of the originally stipr-rlated period. The 11notiie need not state the riumber of additional days claimed, and such notice shall be passed on by Sellers to their Buyers '12

respeativcly in due course after rcceipt. Sellers shall make an allowance to Buyers, to be deducted in the invoice from the 73contract price, based on the number of days by which the originally stipulated period is exceeded, as follows: for l, 2, 3 or 744addi t ionaldays.0.50%otthegrossc. i . f .pr ice; for5or6addi t ionaldays, l%ofthe grossc. i . f . pr ie; for 7 or 8 addi t ional 15days, 1 .507o o f the gross c. i. f. price. I f. however. a fter having given notice to the Buyers as above, the Sellers fail to make 76shipment within such 8 days, then the contract shall be deemed to have called for shipment during the originally stipulated 17period plus 8 days, at contract price less 1.50%, and any settlement for default shall be calculated on that basis. If any 1aallowanie becomes due under this clause, the contract price shall be deemed to be the odginal contract price less the 79allowance and any other contractual differences shall be settled on the basis of such reduced price. 80APPROPRIATION- 8I(a) Notice of Appropriation stating the vessel's name and the approximate weight shipped shall, within (i) 10 consecutive days 82if shipped ftom the U.S. Culf and/or U.S. and/or Canadian Atlantic/Lake Ports, (ii) 14 consecutive days if shipped from any 83otheiport, ftom the dare o f the bill(s) of lading be despatched in accordance with sub-clause (e) by or on behalf of the Shipper 8!direcito his Buyers or to the Selling Agent or Brokers name.d in the contract. The Non-Business Days Clause shall not apply. 85(b) Notice of Appropriation stating the vessel's name and the approximate weight shipped, shall, within the period stAted 86in sub-clause (a) above be despatched in accordance with sub-clause (e) by or on behalf of subsequent Sellers to their Buyors A7or to the Selling Agent or Brokers named in the contract, but if Notice of Appropriation is received by subsequent Sellers 88on the last day or after the period stated in sub-clause (a) from the dde ofthe last bill of lading, their Notice of Appropriation 89shall be deemed to be in time if despatched:- 90

(1) On the same calendar day, if received not later than 1600 hours on any business day, 9l(2) Not later than 1600 hours on the next business day, if received after 1600 hours or on a non-business day. 92

(c) A Selling Agent or Brokers receiving a Notice ofAppropriation shall despatch like Notice ofApprop.iation in accordance 93with the provisions of this clause. Where the Shipper or subsequent Sellers despatch the Notice of Appropdation to the 94Selling Agent, such Selling Agent may despatch Notice of Appropriaton either direct to the Buyers ot to tho Brokers. 95(d) The Shipper's Notice of Appropriation and every subsequent SelleN' Notice of Appropriation shall state the date or the 96presumed d'aie of tne bill of lading which shall be f; inform;tion only and shall not babinding, but in flxing the p€riod laid 91down by this clause for despatching Notices of Appropriation the actual date of the bill of lading shall prevail. 98(e) Notices of Appropriation shall be despatched by telegram, telex or other method of rapid written communication, or by 99lette. if delivered by hand on day of writing. Evory such Notice of Appropriation shall be open to corr€ction of any errors 100occurring in transmission, provided that the sender is not responsible for such errors, and for any previous error in 101transmission which has been repeated in good faith. 1Oz(f) Should the vessel arrivebefore receipt ofthe appropriation and any extra expenses be incurred thereby, such expenses shall 103be bome by Sellers. 104(g) When a valid Notice of Appropriation has been received by Buyers, it shall not be withdrawn excFpt with their consent. 105(h) A Notice of Appropriation despatched to the Brokers lamed in the contract shall be considered an appropriation despatched 106to the Buyers. 107(i) An appropriarion shrll not be deemed invalid if the date of the bill of lading is within the contract period and if on that 108date the'iessil named is at the port of loading and carrying goods of the contiactual descdption and iluantity. 109(t) In the event of less than 95 tonnes being tendered by any one vessel Buyers shall be entitled to refund ofany proved extra 110expenses fol sampling, analysis and lighterage incurred thereby at port of discharge. 111(kt ln the event of more than one shipmcnt being made, each shipment shall be considercd a separate contnct, but the margin 112of the mean quantity sold shall not be affected thereby. 113

PAYMENT- . . . . %of invoice amount by cash in . . 114* (a) [n exchange for and on presentation of shipping documents; 115x O) In exchange for shipping documents on or before arrival of the vessel at destirution, at Buyers' option; Sellers, 116

however, have the option of calling upon Buyers to take up and pay for the documents on or after 117conse.utive days from the date of the bill(s) of lading. 118

ln the event of the shipping documents not being available when called for by the Buyers or on arrival of th€ vessel at 119destinatioo, Sellers must provide other documents or an indemnity entitling Buyers to obtain delivery of the goods and 120payment shall be made by Buyers in exchange for same, but such payments shall not prejudice Buyers' rights under the 121cont.act when shipping documents are eventually available. Should Sellers fail to present shipping documents or other 122documents or an indemnity entitling Buyers to take delive.y, Buyers shall take delivery under an indemnity p.ovided by 123themselves and shall pay for the documents wlren presented. Any reasonable extra expenses, including the costs of such 124

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* delete/specify as applicable t00t2

indemnity or extra charges incurred by reason of the failure of Sellers to provide such documents, shall be bome by Sellersend allowed for i'l the final invoice but such payment shall not prejudice Buyers' rights under the contract when shipphgdocuments are eventually available.Costs of collection shall be for account of Selle.s, but if Buyers demand presentation only through a bank of their choice,in that event any additional collection costs shall be for the account ofthe Buyers. Any balance to be settled on rendering fmalinvoice.Final invoices for monies due may be prepared by either party and shall be settled without delay. If not settled, either party

12.may declare that a dispute has arisen which may be referred to arbitration as herein provided.INTEREST- If there has been unreasonable delay in any Dayment inte.est aDprop.iate to thes unrersonable delay in any payment inte.est approp.iate to the curency involved shall be 133

mutuallv ae.e€d. a disDute shall be deemed to exist which shall be settled by arbitration. 134oharged. lf such charge is not mutually ag.e€d, a dispute shall be deemed to exist which shall be settled by arbitration. 134Otherwiso intercst shall be payable only whoro specifically provided in the terms of the contract or by an awa.d of aditration. 135The terms of this olause do not override the padies obligation under the Payment clause. 136

13. R.YE TERM$ In the event of goods shipped in tankers or in oil compafments of "OiUOre" carriers arriving at destination 137damaged or out of condition, Buyers must accept delivery but shall be entitled to an allowance for deterio.ation calculated 138on a percentage based on conrract price to be hxed by arbitntion unless mutually agleed. \ 139on a percentage based on contract price to be hxed ISamples shall be taken and sealed at port of dischargeSamples shall be taken and sealed at port of dischargejointly by the Sellers and Buyers or their Representatives. In the eveni 140ofBuyers receiving an allowance from Sgllers underthis clause, Sellers and Buyers shall give all reosonable assistance to each 141other in the prosecution of claims for recovery from shipowners and/or other parties. A[y sum lecovered under this clause 142shall be for tho benefit of Sellers and any proved reasonable extra oxpense inourred by Buyels in connection with the claim 143are to be deducted. Buyers shall fumish Sellers on settlement of Rye Terms allowance with the usual documents required 144by average adjusters for preparation of average statement and return to Selleff the Policy(ies) and/or certificate(s) received 145from them and in addition documents for claiming against the ship or any other party, failing which Buyers shall pay such 146contribution to average !N Sellers may be unable to recover in consequence. l4'lSHIPPING DOCUMENTS- Shipping documents shall consist oi-1. lnvoice. 2. Fu[ set(s) of on board Bill(s) of Lading and/or Ship

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rights under this conkact. No clerical error in the documents shall entitle Buyers to rejection or to delay payment provided 156that Sellers furnish at the request of Buyers a guarantee to be countersigned by a recognised bank, if required by Buyets. 157Sellers shall be resDonsible for anv loss or expense incurred by Buyers on account of such error. Bllyers agrce to accept 158Sellers shall be responsible for any loss or expense incurred by Buyers on account of such error. Buyers agrce to accept 158documents containins the Chamber of Shiooine War Deviation Clause and/or other recoenised official War Risk Clause. 159docu-ments containing the Chamber of Shipping war Deviation Clause and/or other recognised official War Risk Clause. 159DUTIES, TAXES, LEVIES, ETC.- All export duties, taxes, levies, etc., prcsent or future, in country oforigin, shall be 160

1. lnvoice. 2. Fu[ set(s) of on board Bill(s) of Lading and/or Ship's Delivery Order(s) and/or other Delivery Order(s) in 149nogotiable and transferable form. Such other Delivery Orde(s) if required by Buyers, to be certihed by the Shipowners, their 150Aeents or a recoenised bank. 3. Policv(ies) and/or Insurance Certificate(s) and/or Letter(s) of Insurance in the currencv of 151Agents or a recognised bank. 3. Policy(ies) and/or

if required byCertificate(s) r Letter(s) of Insurance in the currency of 151

tha contract. The Letter(s) of lnsurance to be certified by a recognised bank if required by Buyers. 4. Other documents as 152called for under the contract. Should documents be presented with an incomplete set of bill(s) of lading or should other 153shiDoinp documents be missine. Davment shall be made, Drovided that delivery ofsuch missins documents be quarante€d. such 154shipping documents bemissing, payment shall be made, provided that delivery ofsuch missing documents be guarante€d, such 154guaranteetobesigned,i frequiredbyBuyers,byarecognisedbank.Acceptanceofthisguarante€shalnotprejudiceBuyers'155riehts under this conkact. No clerical error in the documents shall entitle Buyers to reiection or to delay payment provided 156guaranteetobesigned,i frequiredbyBuyers,byarecognisedbank.Acceptanceofthisguarante€shalnotprejudiceBuyers'155rights under this conkact. No clerical error in the documents shall entitle Buyers to rejection or to d€lay payment provided 156

15.for Sellers' account. All import duties, taxes, levies, etc., present or future, in country of destination, shall be fo! Buyers' 161account. 162

16. DISCHARGE- Discharge shall be as fast as the vessel can deliver in accordance with the custom ofthe port, but in the event 163of shipment being made under liner bill(s) of lading, discharge shall be as fast as the vessel can deliver in accordance with 164the terms ofthebill(s) oflading. The cost of discharge from hold to ship's rail shall be for Sellers' account, from ship's rail 165ove.board for Buye$' account. If documents are tendered which do not provide for discharging as above or contain contrary 166stipulations, Sellers shall be responsible to Buyers for all extra expenses incurred thereby. Discharge by grab(s) shall be 16?permitted unless specifically excluded at time ofcontract. If shipment is effected by lash barge, then the last day ofdischarge 168shall be the day of discharging the last lash barge at the port of destination. 169

17. WEIGHING Final settlement shall be made on the basis of grcss delivered weights and the goods shall be weighed at time 170and place of discharge at port of destination herein named at Buye$' expense. Sellers have the right to superintend. lf 171dischargo is carried out by grab, the method of weighing is to be mutually agre€d between Buyers and Sellers and/or their 172respective Agents. In case of damage the discharged weight shall be determined on the basis of an analysis made of samples 173of the damaged and undamaged part ofthe goods. Additional weight due to damage not to be paid for, unless Rye Terms 174apply. l'15

18, SAMPLING AND ANALYSIS- samples required for the pulposes ofthe contract shall be taken at the timo ofdischarge on 176or befo.e removal from the ship or quay, and analytical instructions shall be given, in accordance with CAFTA Sampling 177Rules Form No. 124. When superintendents are requircd for the pulpose of supervision and sampling of the goods in 1?8accordance with these Rules, then the parties agree to appoint from superintendents in the CAFTA Approved Register of 179SuDerintendents. 180

19, LATnNT DEFECT- The goods are not warranted free from defect, rcndering same unme.chantable, which would not be l8lapparent on reasonable examination. any statute o. rule of law to the contrary notwithstanding. t82

20. INSURANCE- Sellers shall provide insurance on terms not less favourable than those set out hereunder, and as set out in 183detail in The Grain and Feed Trade Association Fotm.12 viz:.- 184(a) Risks Covered:-

Cargo Clauses (wA), with average payable, with 3% ftanchise or better temsWar Clauses (Cargo)Strikes, Riots and Civil Commotions Clauses (Cargo)

(b) Insurers - The insurance to be effected with first class underwrite$ and/or comDanies who arc domiciled or carryine on 189business ir the United Kingdom or who, for the purpose of any legal proceedings, iccept a British domicile and providE an t90address for service of process in London, but for whose solvency Sellers shall not be responsible. 191(c) lnsurable Value - Insured amount to be for nol less than 27o over the invoice amount, including freight when freight is 192payable on shipment or due in any event, ship and/or cargo lost or not lost, and including the amount of any War Risk 193premium payable by Buyers. 194(d) Freight Contingency - When freight is payable on arrival or on right and true delivery ofthe goods and the insumnce does 195not include the freight, Sellers shall effect insurance trpon similarterms, such irNuEnco to attach only as such freight becomes 196payable, for the amount ofthe freight plus 2%, until the termination of the risk as provided in the above mentioned clauses, 197and shall undertako that their policies are so worded that in the case of particular or general avenge claim the Buyers shall 198beputin the same position as if the c.i.i value plus 2/o were insured from the time of shipment.(e) certificates/Policies - Sellers shall sive all Dolicies and/or cedificates and/or letters of insura(e)

199shall give all policies and/or cedificates and/or letters of insurance provided for in this 200ble) for original and increased value (if any) for the value stipulated in (c) above. ln the 201contract, (duly stamped if applicable) for original and increased value (if any) for the value stipulated in (c) above. ln the 201

event of a certificate of insurance being supplied, it is agreed that such oertificate shall be exchanged by Setlers for a policy 202202if and when required, and such certificate shall stAte on its iace that it is so exchangeable. lf required by Buyers, letter(s) of 203insurance shall be guaranteed by a reoognised bank, or by any other guarantor who is acceptable to Buyers. 2O4

185- Section 2 ofForm 72 186- Sectiod 4 of Form 72 187- Section 5 of Form 72 188

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(f) Total Loss - In the event of total o! constructive total loss, or where the amoult of the insuranoe becomes payabte in full. 205the insured &mount in excess of27o over the invoice amount shall be for Sellers' account and the party in po:s;ssion ofthe 206policy(ies) shall collect tho amount of insumnce and shall thereupon settle with the other party o; tdt ba;is. 2Oj(g) Currency of Claims - Claims to be paid in the currency of the contract. 2OB(h) War and Strike Risks/Premiums - Any premium in excess of 0.50% to be for account of Buyers. The rate of such 209insuBnce not to exceed the rate ruling in _London at time of shipment or date of vessel's sailing whichever may be adopted 210by underwriters. Such excess premium shall be claimed from Buyers, wherever possible, with the Provisionailnvoice, but 211in no case later than the date of vessel's arrival, or not later than 7 consecutive days after the mte has been agreed with 212underwriters, whiche.r'er may.be the late., otherwise such claim shall be void unless, irl the opinion of Arbit.ators, the delay 213is justifiable. Sellers' obligation to provide War Risk Insu.ance shall be limited to the ter;s and conditions in force an? 214generally obtainable in London at time of shipment. 215(i) Whore Sellers are responsible for allowances or other payments to Buyers und€r Rye Terms or other contmctual terms, 216(and which risks are also covered by the insurance provided by Sellers), the Buyers, on receipt of settlement, shall 217immediately retum to.sellers the insurance documents originally re-ceived from them and shall, iflequired, subrogate to 218Sellers all right of claim against the Insurers in respect of such matters. \ 219PROHIBITION- ln case of prohibition of expon. blockade or hostilities or in case of any €xecutive or legisletive act done 220by or on behalf of the govemment of the coqntry of origin or of the ter.itory where the port or ports oashipment namel 221herein-is/are situate, restricting export, whether partially or otherwise, any such restriction shatl be deemed bi both parties 222to apply to this contract and to the extent of such total or partial restiction to prevent fulhlment whether by shipmen[ or by 223any other means whatsoever and to that extent this contract or any unfulhlled portion thercof shall be cancelled. Sellels shall 2241d^v.l !9_lqveryyithrytdelywiththereasonsthereforand,i frequired,Sellersmustproduceprooftojust irythecancellat ion.225FORCE MAJEURE, STRIKES, ETC- Sellers shall not be responsible for delay in ;hipmenfofthe goods irt any pafi.thetaf 226occasioned by any Act of God, strike, lockout, riot orcivil commotion, combination of workmen, bieakdown of machnery, 227fire, ot any cause comprehended in the term "force majeure". If delay in shipment is likely to occur for any ofthe above 228reasons, the Shipper shall give notice to the Buyers by telegram, telex oi by similar advice within 7 consecutive days of the 229occurnence, or not less thafl 2l consecutive days before the commencement ofthe contract period, whichever is the later. The 230notice shall state the reason(s) for the anticipated delay. If after giving such notice an extension to the shipping period is 231requircd, then the Shipper shall give further notice not later than 2 business days after the last day of the confraci period of 232shipment stating the port or ports of loading from which the goods werc intended to be shipped, and shipments effected after 233the contract period shall be limited to the port or pofts so nominated. If shipment be delayed for more than 30 consecutive 234days, Buyers shall have the option of cancelling the delayed portion of the contract, such option ro be exe;cised by Buye$ 235giving notice to be received by Sellers not later than the fimt business day after the additional 30 conserutiv6 days. If Buiers 236do not exercise this option, such delayed portion shall be automatically extended for a further period of 30 consecutive diys. 237If shipment under thii clause be prev-nted during the further 30 cons;.utive days extension, tire contract shali be conside;ed 238void. Buye,rs shall have rio claim against Sellers fo. delay or non-shipment under this clause, provided that Sellers shall have 239supplied to Buyers, if required, satisfactory evidence justifying the delay or non-fulhlment. 240NOTICES- Any notices received after 1600 hours on a business day shall be deemed to have been received on the business 241day following. A notice to the Brokers or Agent shall be deemed a notice under this contract. All notices given under this 242contract shall be given by letter, if delivered by hand on the day of writing, o. by telegram or by telex or by other method 243ofrapid written communication. In case of resales all notices shall be passed on without delay by Buyers to aheir .esperlive 244Sellers or vice versa. 245FACSIMILE- Notwithstanding anything in this contmct to the contrary, notices despatched under this contract shall NOT 246be transmitted by means of facsimile machines. 247NON-BUSINESS DAYS Saturdays, Sundays and the officially recognised and/or leSal holidays ofthe respective countries 248and any days which The Grain and Feed Ttade A$sociation may declare as non business days for specific purposes, shall be 249non business days. Should the time limit for doing any act or givinS any notice expire on a non-business day, the time so 250limited shall be extended until the first business day thereafter. The period of $hipment shall not be affected by this clause. 251PRO RATA- 252(a)_Should- any of the above mentioned quantity form paft of a larger quantity of the same or a different period of shipment 253of bags of the same mark, or of a similar quality, whether in bags or bulk or whether destined to more than one pok, no 254separation or distinction shall be necessary. 255(b) All loose collected, dainaged goods and sweepings shall be shared by and appo.tioned pro-rata in kind between the various 256Receivers thereof at the polt of discharge named in the contract, buying under contRcts containing this clause. In the event 257of this not being p.acticable or any of them receiving more or less than his pro-rata share or apportionment, he shall settle 258with the other(s) on a pro-rata basis in cash at the market price and each Receiver shall bear his proportion ofthe depreciation 259io matket value. The pro-rata statement shall be established by the Sellers or their Representatives in coniunction with the 260Receivers or their Retresental ives, 26I(c) The above pro-Eta appo.tionment betwe.en Receivers shall have no bearing on the establishment of final invoices wirh 262Sellers and for the purpose of these hnal invoices, the total quantity of loose collected, damaged goods and sweepings shatl 263be regarded as delivered to those Receivers who did not receive their full invoiced quantity. 264(d) [n the case of excess or deficiency, the difference betwe€n the invoiced and the total delivered quantity shall be settled 265at the market price by final invoices to be rende.ed by Receivers, who have received more or less tha; thet;aid for, to their 266immediate Sellers without taking into consideration the above pro-Mta apportionment between Receiveri.' 267(e) If an excess quantity is delivered to one or more Receiver and a deficient quantity is delivered to one oa more Receiver, 268the excess and deliciency shall be settled between them at the market price. Final invoices shall be established with immediate 269Sellers for any balance resulting from this settlement. 270(0 AII Shippers, Sellers and Buyers ofany part ofsuch larger quantity as aforesaid under contracts containing this clause shall 271be deemed to have entered into mutual agreements with one another to the above effect, and to agree to submit to arbitration 2?2all questions and claims between them or any ofthem in regard to the execution ofthis clause as aforesaid in accordanoo with 2?3the Arbitration Clause of this contract. Sellers and Buyers shall give all reasonable assistance in exe-cution ofthis clause. All 274Sellers shall be responsible for the settlement by the respective Buyers in accordance with this clausewithin a reasonable timo, 275(g) The market price whercver mentioned in this clause shall be the market price on the last day of discharge of the vessel 276in the port of destination, such price to be fixed by arbitration unless mutually agreed. 277(h)_ln the event of this clause being brought into operation, any allowances payable in respect of condition, or quality, or 278under any ofthe othe. guarantees contained in this contact, shall be based upon the actual weight received by the Buyers and 279not on the pro-rata weight. ZAO(i) ln the event- oJ any conflict in terms the method of apportionment applicable to the port of discharge published by The 281Grain and Feed Trade Association shall, where applicable, take precedence over sub-clauses O) to (ti) above. 2820) In the event thatsub-clause (a) applies or that the goods subsequently become co-mingled, and that the goods were shipped 283by more than one Shipper and destined for one or more ports ofdischarge then, after the adjustment between Receivers under 284the terms of this clause, the Shippers shall settle pro-rata between themselves in proportion to their bill of lading quantities. 285

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