Article 1. Definitions of
Words and Terms
Unless otherwise specified, all rules in Chapter VI shall apply to cotton
linters, hull fiber, oil mill motes, flues, sweepings, and grabbots.
341: A Contract.
All contracts covering more than one carload or truckloads of linters
shall be construed to be divisible and not entire, so that default or
error as to one or more cars or trucks will not affect the remainder of
the contract. In addition, and unless otherwise specified, each car- load
or truckloads of linters shall be treated as a separate contract for
purposes of claims for shortage in weight or quality or cellulose
342: Dimensions And Tare.
The standard bale of cotton linters shall, for contract purposes, be
uncompressed, and of such dimensions as to permit loading contractual
requirements. The tare shall not exceed 5 per cent.
343: Quantity Designations.
Unless otherwise specified, a bale is six hundred pounds, gross weight.
A carload is that weight required to insure
the lowest published rail freight rate in effect at time of shipment
unless otherwise agreed between buyer and seller.
A truckload shall be 40,000 lbs. minimum or
loaded to capacity, whichever is less, unless otherwise agreed between
buyer and seller.
Article 2. Grade and
345: Type Designation: Cotton Linters.
Cotton linters mean the residual fibers removed from cottonseed by
mechanical processes. They include the following general categories:
Mill Run Linters. Mill run linters are
cotton linters obtained by passing cottonseed through linter machines only
First Cut Linters. First cut linters are
cotton linters obtained by the first passing of cottonseed through linter
machines if subsequent passes are made.
Second Cut Linters. Second cut linters are
cotton linters obtained by passing cottonseed through linter machines
after first-cut linters have been removed.
Chemical Linters. Chemical linters are
cotton linters which are traded on a cellulose content basis.
347: Linters From Damaged Or Burned Seed Or Having Bad Odor.
Unless otherwise specified, linters made from burned or dam- aged seed,
and which are consequently affected in quality, or linters carrying an
objectionable odor, shall not be a good delivery on contract, and may be
rejected by buyer, and replacement may be demanded.
348: Weather Damage.
Unless otherwise specified, linters must be suitably baled and tied and
free from weather damage.
350: Cottonseed Hull Fiber.
Cottonseed hull fiber shall be that form of fiber removed from cottonseed
hulls by passing through a hull fiber machine or a defibrator.
Article 3. Adjustment and
355: Quantity Variations.
The weight of linters specified in a contract shall be delivered with a
variation of one per cent above or below contract quantity. Settlement for
overweighs and underweights shall be made in accordance with Rule 41.
Article 4. Performance of
360: Inspection And Acceptance.
Where linters are sold subject to quick, immediate or prompt inspection
and acceptance, buyer shall inspect and accept or reject within the
following time limits, all exclusive of the data on which the contract is
(a) Quick................................ 2
(b) Immediate.......................... 5 working days
(c) Prompt.............................. 10 working days
361: Passage Of Title.
When contracts of sale specify f.o.b. cars or trucks, the product covered
thereby will not become the property of buyer until actually loaded at
point of origin and covered by bill of lading. If such product is
destroyed before contract terms are completed, seller may replace and
buyer may demand replacement within the time limits provided in Rule 365.
If by special agreement, partial or
complete payment for the product has been made by buyer, prior to loading,
title to such product passes to buyer with and at the time of such
payment. Such product will be at buyer's risk of insurance and in case of
destruction no replacement can be demanded.
362: Shipping Instructions.
Sec. 1. If products are sold for quick, immediate or prompt shipment,
shipping instructions shall be furnished by buyer within the following
time limits computed from the time the trade is closed:
.................................... 1 day
Immediate shipment .............................. 2 days
Prompt shipment ................................... 5 days
When sale is made subject to buyer's
inspection and acceptance, the trade shall be considered closed when the
linters are accepted by buyer.
If sold for shipment not hereinbefore
provided for, buyer shall furnish shipping instructions in time for seller
to complete shipment or shipments within the contract time.
Sec. 2. In case seller has not asked for
shipping instructions at least twenty days before the expiration of
contract period, buyer may then furnish same. Seller may request shipping
instructions on or after the beginning of contract period, and the buyer
must furnish shipping instructions for half-month contracts within five
days after receipt of request, and for monthly contracts as follows: not
less than 50 per cent of contract tonnage within ten days after receipt of
such request and 50 per cent within twenty days after receipt of such
request. Such instructions must provide for shipments to begin immediately
and permit seller to continue shipments in an orderly manner throughout
the contract period. Shipping instructions on the entire contract shall be
furnished so as to permit shipments being completed within contract time.
Sec. 3. Failure or refusal on the part of
the buyer to furnish shipping instructions as provided in this Rule shall
give the seller the option during contract period, or within five days
after expiration thereof, to treat as breached by buyer such portion of
the contract for which shipping instructions have not been properly
furnished, and, in the event he elects to do so, he must proceed as
required by Rules 50, 51, 52 and 53.
Sec. 1. One or More Months. Unless otherwise specified, contracts
requiring shipment over one or more months shall permit the seller to ship
at his convenience within contract period; provided, that contracts
covering two or more months shall be understood to require equal shipments
during each month.
If shipping instructions have been
requested and given during contract month or have been furnished in
accordance with Rule 362, seller must begin shipping within 5 days after
receipt of such instructions and must complete shipment within the
Sec. 2. Failure or Refusal to Ship. If
seller fails or refuses, for 10 days after receipt of shipping
instructions, to ship in accordance with Section I of this Rule or within
the period specified in the contract, buyer may treat the contract as
breached. If buyer elects to do so, he must, within 5 days after
expiration of the contract period, proceed as provided in Rules 50, 51, 52
365: Rejections And Replacements.
Sec. 1. If products are purchased or sold subject to buyer's inspection
and acceptance, and the contract does not specify quality, the replacement
of any tender on contract not accepted by buyer may not be demanded by
Sec. 2. If products are purchased or sold
on the basis of actual samples or private sales types, the tender must be
equal to the contract quality. If buyer and seller agree that the quality
of the tender is not equal to the contract quality or if there is a
sustained rejection, replacement may be demanded by either party. The
actual expense connected with sustained rejections shall be paid by the
Sec. 3. Whenever, under these Rules,
following agreed or sustained rejection, replacement is made, seller shall
have the following time limits to make such replacement. It is understood
that this time limit is to begin with the actual date of notice or demand
by buyer or seller, as the case may be, that replacement is desired, and
it is further understood in computing time that delivery f.o.b. a shipping
point is implied.
(a) Where contracts provides for
"quick" or "immediate" shipment, replacement is to be
made within three days.
(b) In all other cases, replacement is to
be made within ten days.
Article 5. Sampling
370: Chemical Linters And Hull Fiber.
If products are sampled at mills, at warehouses, or upon unloading at
first United States or Canadian destination, the following procedures
Sec. 1. Samples for Cellulose
Determination. All bales must be dry when sampled, and sampling shall be
in units of a carload or more, except remnants of less than carload
quantity, when desired. Cellulose samples of 3 to 4 ounces each shall be
taken from one shoulder, and from opposite side of at least each third
bale, unless otherwise agreed between buyer and seller. If sampled from
only one place of a bale, all bales must be sampled. The covering shall be
cut between bands at different side positions of each bale, and surface
sample of at least one inch in depth discarded before the cellulose sample
is taken. Each sample shall be placed in a bag or other container, when
and as taken from the bale.
Sec. 2. Samples for Moisture Determination.
At the time of taking cellulose samples, a smaller sample, of at least
1/2-ounce in weight shall be taken immediately at greater depth from the
same bale hole from which the cellulose sample was taken. This moisture
sample shall be immediately packed in an airtight container of adequate
size with proper lot identification inside the container and place in the
container with the cellulose sample, properly addressed to the laboratory
or other consignee, as the case may be.
Cellulose sample as drawn in accordance
with the above specified procedure shall be forwarded to official chemist
for analysis together with moisture sample. Chemist shall perform analysis
in accordance with the official methods of analysis set forth in Rule 403.
Approximately one-half of the cellulose sample shall be retained by the
official chemist for a period of not less than 30 days after the date of
issuance of the certificate of analysis covering the sample, for use, if
needed, as a referee sample.
Article 6. Claims
375: Period For Filing Claims.
All claims by the buyer must be made within fifteen days after arrival at
first United States or Canadian unloading point or, in case of the seller,
within ten days after receipt of statement from buyer.
376: Weight Claims.
Unless otherwise agreed between buyer and seller, all claims for shortage
in weight shall be supported by sworn weight documents of the general form
of the seller's documents by which the invoice is supported. If bales are
individually weighed, tagged, and listed, claims shall be similarly
detailed and documented. Where only the total shipment weight is provided
by seller, truckload or carload weighing and documentation in accordance
with General Rule No. 73 shall suffice for claim purposes. Also, in any
case where untagged and/or unlisted bales are shipped, weighing of bales
in pairs on certified scales shall be acceptable for claim purposes
provided a certified weight sheet is provided. No tagging or listing shall
be required of buyer where none is initially provided by seller. No claim
for shortage in weight shall be made unless the shortage exceeds 1/2 of
Where only the total shipment weight is
provided by seller, the consignee may substantiate claim for shortage in
weight by reweighing the contents of the rail carload or trailer load in
question listing individual bale weights and identifying tags or markings
Buyer shall advise seller by written notice
of his intention to file claim, stating amount of weight claimed, car
number and date of shipment. If seller wishes the shipment reweighed, he
shall advise buyer by written notice within 24 hours of receipt of claim
notice. Failure to do so shall indicate seller's willingness to honor
claim when supported as described above.