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Ocean Terms and Conditions

Ocean Terms and Conditions

EWC Ocean Services, Inc.

Combined Transport Bill of Lading

Terms and Conditions of Contract

Not withstanding the heading “Combined Transport Bill of Lading”, the provisions set out and referred to in this document shall also apply if the transport described on the face of the Bill of Lading is performed by one mode of transport only.


All carriage under this Bill of Lading to or from the United States shall have effect subject to the provisions of the Carriage of Goods By Sea Act of the United States, 46 U.S.C. sections 1300-1315 (hereafter “COGSA”). Carriage to or from Canada shall have effect under the Carriage Of Goods By Water Act of Canada (“COGWA”). All carriage to and from other states shall be governed by the law of any state making the Hague Rules or Hague-Visby Rules compulsory applicable to this Bill of Lading or if there be no such law, in accordance with the Hague Rules. The provisions of applicable law as set forth above shall apply to carriage of goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. Except as may be otherwise specifically provided herein, said law shall govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the entire time the goods are in the custody of the carrier.

  • 2.1 “Ship” means and includes the ocean vessel on which the goods are shipped named on the face hereof, or any substitute vessel, also any feeder ship, ferry barge, lighter or any other watercraft used by the Carrier in the performance of the contract.
  • 2.2 “Carrier” means the Carrier named on the face side hereof  (EWC Ocean Services, Inc.), the vessel, her owner, Master, operator, demise charterer, and if bound hereby, the time charterer, and any substitute Carrier whether the owner, operator, charterer or Master shall be acting as character or bailee.
  • 2.3 “Merchant” means and includes the shipper, the consignee, the consignor, the receiver, the holder of this bill of lading, owner of the Goods and the servants or agents of any of these, including but not limited to freight forwarders, all of whom shall be jointly and severally liable to the Carrier for the payment of all Charges, and for the performance of the obligations of any of them under this bill of lading
  • 2.4 “Package” is the largest individual unit of partially or completely covered or contained cargo made up by or the shipper which is delivered and entrusted to Carrier, including palletized units and each container stuffed and sealed by the shipper or on its behalf, although the shipper may have furnished a description of the contents of such sealed container on the Bill of Lading
  • 2.5 “Container” includes and any container, trailer, transportable tank, lift van, flat pallet, or any similar article of transport used to consolidate goods.
  • 2.6 “Carriers container” or “Carriers equipment” includes containers or equipment owned, leased or used by Carrier in the transportation of Merchants goods.
  • 2.7 “Goods” mean the cargo described on the face of this Bill of Lading and, if the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant on the face of this Bill of Lading, and if the cargo is packed into container(s) supplied or furnished by Merchant, includes the container(s) as well.
  • 3.1 Carrier shall be entitled to subcontract directly or indirectly on any terms the whole or any part of the handling, storage, or carriage of the goods or all duties undertaken by Carrier in relation to the goods.
  • 3.2 Every servant or agent or subcontractors (including sub-subcontractors) of Carrier shall be entitled to the same rights, exemptions from liability, defenses and immunities to which Carrier is entitled. For these purposes, Carrier shall be deemed to be acting as agent or trustee for such servants or agents or subcontractors, who shall be deemed to be parties to the contract evidenced in this Bill of Lading.
  • 4.1 Carrier is entitled to perform the transport in any reasonable manner and by any reasonable means, methods, and routes.
  • 4.2 The ship shall have the liberty, either with or without the goods onboard, to at any time, adjust navigational instruments, make trial trips, dry dock, go to repair yards, shift berth(s), take in fuel or stores, embark or disembark any persons, carry contraband and hazardous goods, sail with or without pilots and save or attempt to save life or property. Delays resulting from such activities shall not be deemed a deviation.
  • 5.1 Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the place designated for delivery.
  • 5.2 If at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of the Carrier is or will be affected  by any hindrance risk, delay, injury, difficulty or disadvantage of any kind including strike and if by virtue of the above it has rendered or is likely to render  it in any way unsafe , impracticable, unlawful or  against the interest of Carrier to complete the performance of the contract, Carrier, whether or not the transport is commenced, may without notice to the Merchant elect to:
    • (a) treat the performance of this contract as terminated and place the goods at Merchants disposal at any place Carrier shall deem safe and convenient  whereupon the responsibility of the carrier in respect of such goods shall cease or
    • (b) deliver the goods at the place of delivery.
  • The Carrier shall nevertheless be entitled to full freight and charges on goods received for transportation and the merchant shall pay any additional costs of carnage to and delivery and storage at such place or port.
  • 5.3 If, after storage, discharge, or any actions according to sub-part 5.2 above Carrier makes arrangements to store and/or forward the goods, it is agreed that he shall do so only as agent for and at the sole risk of and expense of the Merchant without any liability  whatsoever in respect to such agency. Merchant shall reimburse Carrier forthwith upon demand for all extra freight charges and expenses incurred for any actions taken according to sub-part 5.2 including delay or expense to the ship, and carrier shall have a lien upon the goods to that extent.
  • 5.4 The situations referred to in sub-part 5.2 shall include, but shall not be limited to, those caused by the existence or apprehension of war  declared or undeclared, hostilities, riots, commotions, or other disturbances, closure of, obstacle in, or danger to any port or canal, blockade, prohibition, or restriction on commerce or trading quarantine, sanitary or other similar regulations or restrictions, strikes, lockouts or other labor disruptions whether partial or general and whether or not involving employees of Carrier or its subcontractors, congestion of port, wharf, sea terminal, or similar place, shortage, absence or obstacles of labor or facilities for loading, discharge, delivery, or other handling of foods, epidemics or diseases, bad weather, shallow water, ice, landslip, or other obstacles in navigation or carriage.
  • 5.5 Carrier, in addition to all other liberties provided for in this Article, shall have liberty to comply with orders, directions, regulations, or suggestions as to navigation or the carriage or handling of the goods or the ship howsoever given, by any actual or purported government  or public authority , or by any committee, or person having under the terms of any insurance on the Ship, the right to give such order, direction, regulation, or suggestions. If  by any reason of and/or in compliance with any such order, direction, regulation, or suggestions, anything is done or is not done the same shall be deemed to be included within the contractual carriage and shall not be a deviation.
  • 6.1 Carrier shall be liable for loss of or damage to the goods occurring between the time it takes goods into its custody and the time of delivery but shall not be liable for any consequential or special damages arising from such loss or damage, including, but not limited to lost profits, punitive damages, attorney’s fees or other claims of any nature.  Under no circumstances shall Carrier’s liability exceed in Section 7, below.
  • 6.2 If it established that the loss or damage to the goods occurred during sea carriage, liability shall be governed by the legal rules applicable as provided in Section 1 of this Bill of lading.
  • 6.3 If it is established that the loss of or damage to the goods occurred during carriage by land in the United States, liability shall be governed by provisions in Section 7.4 of this Bill of Lading.
  • 6.4 Notwithstanding Section 1 of this Bill of Lading, if the loss or damage occurred outside of the United States not during sea carriage and it can be proved where the loss or damage occurred, the liability of  Carrier in respect of such loss or damage shall be determined by the provisions contained in any international convention or national law, which provisions:
    • (a) cannot be departed from by private contract to the detriment of Merchant, and
    • (b) would have applied if Merchant had made a separate and direct contract with Carrier in respect of the particular stage of transport where the loss or damage occurred and received as evidenced thereof any particular document which must be issued in order to make such international convention or  national law applicable.
    • (c) Where (a) or (b) above do not apply, any liability of Carrier shall be limited to the amount set forth in Section 7.4 of this Bill of lading
  • 6.5 If it cannot be determined when the loss or damage to the goods occurred, it shall be presumed that such loss or damage occurred during sea carriage and liability shall be governed as provided in Section 6.2 above.
  • 6.6 Carrier does not undertake that the goods shall be delivered at any particular time or for any particular market and shall not be liable for direct or indirect losses caused by any delay.
  • 6.7 Carrier shall not be liable for any loss or damage arising from:
    • (a) an act or omission of Merchant or person other than Carrier acting on behalf of Merchant from whom carrier took the goods in charge,
    • (b) Compliance with the instructions of any person authorized to give them,
    • (c) Handling, loading, stowage or unloading of the goods by or on behalf of Merchant,
    • (d) Inherent vice of the goods,
    • (e) Lack or insufficiency of or defective condition of packing in the case of goods, which by their nature are liable to wastage or damage when not packed or when not properly packed,
    • (f) Insufficiency or inadequacy of marks and numbers on the goods, coverings or unit loads,
    • (g) Fire, unless caused by actual fault or privity of Carrier.
    • (h) Any cause or event which Carrier could not avoid and the consequences of which the Carrier could not prevent by the exercise of due diligence.
  • 6.8 The carrier shall not be liable in any respect whatsoever if heat or refrigeration or special cooling facilities not be furnished during loading or discharge or any part of the time that the goods are upon the wharf, craft or other loading or discharge place.  Landing delivery charges and pier dues shall be at the expense of the goods unless included in the freight herein provided for.  If the goods are not taken away by the consignee by the expiration of the next working day after the goods are at his disposal, the goods may, at carriers option and subject to carriers lien, be sent to store or warehouse or be permitted to lie where landed but always at the expense and risk of the goods.   The responsibilities of the carrier in any capacity shall altogether cease and the goods shall be considered to be delivered and at their own risk and expense in every respect when taken into the custody of customs or other authorities, or into that of any municipal or governmental concessionaire or depository.  The carrier shall not be required to give any notification or disposition of the goods, except as may be otherwise provided in this bill of lading.
  • 6.9 When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including inland carriers, on account of the losses or damages for which such claims are paid.
  • 6.10 The defenses and limits of liability provided for in this Bill of Lading shall apply in any action or claim against Carrier relating to the goods, or the receipt, transportation, storage or delivery thereof, whether the action be founded in contract, tort or otherwise.
  • 7.1 Unless otherwise mandated by compulsorily applicable law, Carriers liability for compensation for loss of or damage to goods shall in no case exceed US$500 per package or per customary freight unit, unless Merchant, with the consent of Carrier, has declared a higher value for the goods in the space provided on the front of this Bill of Lading and paid extra freight per Carriers tariff, in which case such higher value shall be the limit of Carriers liability. Any partial loss or damage shall be adjusted pro rata  on the basis of such declared value. Where a container is stuffed by Shipper or on behalf, and the container is sealed when received by Carrier for shipment, Carriers liability will be limited to US$500 with respect to the contents of each such container, except when the shipper declares the value on the face hereof and pays additional charges on such declared value as stated in Carriers tariff. The freight charged on sealed containers when no higher valuation is declared by the Shipper is based on a value of US$500 per container. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim.  Carrier shall have the option of replacing lost goods or repairing damaged goods,
  • 7.2 In any case where the Carriers liability for compensation may exceed the amounts set forth in Section 1 above, compensation shall be calculated by reference to the value of the goods, according to their current market price, at the time and place they are delivered, or should have been delivered, in accordance with this contract.
  • 7.3 If the value of goods is less than US$500 per package or customary freight unit, their value for compensation purposes shall be deemed to be the invoice value plus freight and insurance, if paid.
  • 7.4 On shipments involving carriage of goods by land in the United States, and for liabilities determined pursuant to Section 6.4 of this Bill of Lading, loss of or damage to goods shall be limited to US$.50 per pound of goods lost or damaged unless a higher value has been declared by shipper and a supplementary charge paid.
  • 7.5 Carrier shall not be liable to any extent for any loss of or damage to or in connection with precious metals, stones, or chemicals, jewelry, currency, negotiable instruments, securities, writings, documents, works of art, curios, heirlooms, or any valuable goods, including goods having particular value only for Merchant, unless the true nature and value of the goods have been declared in writing by Merchant before receipt of  the goods by the Carrier or inland carrier, the same is inserted on the face of this Bill of Lading and additional freight has been paid as required.
  • 7.6 Carrier will not arrange for insurance on the goods except upon express instructions from Consignor  and then only at Consignor’s expense and presentation of a declaration of value for insurance purposes prior to shipment.
  • 8.1 Carrier is responsible for transmitting information to U.S. Customs prior to lading of the Goods including, without limitation, precise commodity descriptions, numbers and quantities of the lowest external packaging unit, the shipper’s complete name and address, the consignee’s  or the owner’s or owner’s representative’s complete name and address, hazardous materials codes, and container seal numbers.  For this, and other purposes, Carrier relies on information provided by Merchant.  Merchant warrants to Carrier that all particulars of the goods, including, without limitation, the precise descriptions, marks, number, quantity, weight, seal numbers, identities of shipper and consignee and hazardous materials codes furnished by Merchant are correct and Merchant shall indemnify Carrier against all claims, penalties, losses or damages, including, but not limited to attorney’s fees and costs, incurred by Carrier in connection with any proceeding arising from or related to any information provided by Merchant.
  • 9.1 If goods are not received by Carrier already in containers, carrier may pack goods in any type container.
  • 9.2 Merchant shall be liable to Carrier for damage to Carrier’s containers or equipment if such damage occurs while such equipment is in control of Merchant or his agent(s).
  • 9.3 Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carriers containers or equipment during handling by or when in possession or control of Merchant.
  • 10.1 If Carrier receives the goods already packed into containers:
    • (a) This Bill of Lading is prima facie evidence of the receipt of the particular number of containers set forth, and that number only. Carrier accepts no responsibility with respect to the order and condition of the contents of the containers;
    • (b) Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for  handling and carriage and indemnifies Carrier for any injury, loss or damage caused by breach of this warranty;
    • (c) Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with  the seals intact; and
    • (d) Carrier has the right but not the obligation to open and inspect the containers at any time without notice to Merchant, and expenses resulting from such inspections shall be borne by Merchant; and
    • (e) Merchant shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use.
  • 11.1 Merchant may not tender goods of a dangerous nature without written application to Carrier and Carrier’s acceptance of the same. In the application, Merchant must identify the nature of the goods with reasonable specificity as well as the names and addresses of the shippers and consignees.
  • 11.2 Merchant shall distinctly and permanently mark the nature of the goods on the outside of the package and container in a form and manner as required by law and shall submit to Carrier or to the appropriate authorities all necessary documents required by law or by Carrier for the transportation of such goods.
  • 11.3 If the goods subsequently, in the judgment of Carrier, become a danger to Carrier, the Ship, or other cargo, carrier may dispose of the goods without compensation to Merchant and Merchant shall indemnify Carrier for any loss or expenses arising from such action.
  • 12.1 Carrier has the right to carry the goods in any container under deck or on deck.
  • 12.2 Carrier is not required to note “on deck stowage” on the face of this Bill of Lading and goods so carried shall constitute under deck stowage for all purposes including General Average.
  • 12.3 Except as otherwise provided by any law applicable to this contract , if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable for any non-delivery, mis-delivery, delay or loss to goods carried on deck, whether or not caused by Carrier’s negligence or the ships un-seaworthiness.
  • 13.1 Single packages with a weight exceeding 2,240 pounds gross not presented to Carrier in enclosed containers must be declared in writing by Merchant before receipt of packages by Carrier. The weight of such packages must be clearly and durably marked on the outside of the packages in letters and figures not less than 2 inches high.
  • 13.2 If Merchant fails to comply with the above provisions, Carrier shall not be liable for any loss or damage to the goods, persons or property, and Merchant shall be liable for any loss of or damage to persons or property resulting from such failure and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of such failure.
  • 13.3 Merchant agrees to comply with all laws or regulations that may be applicable during the carriage concerning overweight containers and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of Merchant’s failure to comply with this provision.
  • 14.1 Carrier shall have the right to deliver the goods at any time at any place designated by Carrier within the commercial or geographic limits of the port of discharge or place of delivery shown on this Bill of Lading.
  • 14.2 Carrier’s responsibility shall cease when delivery has been made to Merchant, any person authorized by Merchant to receive the goods, or in any manner or to any other person in accordance with the custom and usage of the port of discharge or place of delivery.
  • 14.3 If goods should remain in Carrier’s custody after discharge from the ship and possession is not taken by Merchant, after notice, within the time allowed in Carrier’s applicable tariff, the goods may be considered to have been delivered to Merchant, or abandoned at Carrier’s option, and may be disposed or stored at Merchant’s expense.
  • 15.1 Written notice of claims for loss of or damage to goods occurring or presumed to have occurred while in the custody of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the goods by one entitled to take delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by Carrier. If such loss or damage is not apparent, carrier must be given notice within three days of the delivery.
  • 16.1 Freight may be calculated on the basis of the particulars of the goods furnished by Merchant, who shall be deemed to have guaranteed to Carrier the accuracy of the contents, weight, measure, or value as furnished by him at the time of receipt of the goods by Carrier or Inland Carrier, but Carrier, for the purpose of ascertaining the actual particulars may at any time and at the risk and expense of Merchant, open the container or package and examine contents, weight, measure, and value of  the goods. In case of incorrect declaration of the contents, measure, weight and or value of goods, Merchant shall be liable for and bound to pay to Carrier:
    • (a) the balance of freight between  the freight charged and that which would have been due had the correct details been given, plus
    • (b) expenses incurred in determining the correct details, plus
    • (c) as liquidated and ascertained damages, an additional sum equal to the correct freight.
  • Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Carrier to Merchant are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Carrier unless Carrier, in writing specifically undertakes the handling of transportation of the shipment at a specific rate and that rate is filed in Carrier’s tariff.
  • 16.2 Freight shall be deemed earned on receipt of goods by Carrier, the goods lost or not lost, whether the freight to be intended to be prepaid or collected at destination. Payment shall be in full and in cash without any offset, counterclaim, or deduction, in the currency named in this Bill of Lading, or any other currency at Carrier’s option. Interest at 1% per month, shall run from the date when freight and charges are due. Payment of freight charges to the freight forwarder, broker or anyone other than directly to Carrier shall not be deemed as payment to the Carrier. Merchant shall remain liable for all charges hereunder notwithstanding any extension of credit to the freight forwarder or broker by carrier. Full freight shall be paid on damaged or unsound goods.
  • 16.3 Merchant shall be liable for all dues, duties, fines, taxes and charges, including consular fees, levied on the goods. Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government. Merchant shall be liable for all demurrage or detention charges imposed on the goods or their containers by third parties.
  • 16.4 The Shipper, Consignee, holder hereof, and owner of the goods, and their principles, shall be jointly and severally liable to Carrier for the payment of all freight and charges, including advances and shall, in any referral for collection and or action for monies due to Carrier, upon recovery by Carrier, pay the expenses of collection and litigation, including reasonable attorney’s fees. This provision shall apply regardless of whether the front of this Bill of Lading has been marked “prepaid” or “freight prepaid” so long as freight and charges remain unpaid.
  • 16.5 The Shipper, consignee, holder hereof, and owner of the goods, and their principles, shall jointly and severally indemnify Carrier for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon Carrier by reason of any breach of any of the provisions of this Bill of Lading or of any statutory or regulatory requirements.
(17) LIEN:
  • 17.1 Carrier shall have a general lien on any and all property (and documents relating thereto) of Merchant, in its possession, custody or control en route, for all claims for charges, expenses or advances incurred by Carrier in connection with any shipments of Merchant and if such claim remains unsatisfied for 30 days after demand for its payment is made, Carrier may sell at public auction or private sale, upon 10 days written notice, registered mail to Merchant, all of the goods, wares and/or merchandise or so much thereof as may be necessary to satisfy such lien and the costs of recovery, and apply the net proceeds of such sale to the payment of the amount due Carrier. Any surplus from such sale shall be remitted to Merchant.  Merchant shall be liable for any deficiency.
(18) TIME BAR:
  • 18.1 Carrier shall be discharged from all liability for loss of or damage to goods unless suit is brought within 9 months after delivery of the goods or the date when the goods should have been delivered. Suit shall not be deemed brought against Carrier until jurisdiction shall have been obtained over Carrier by service of summons. The time bar for overcharge claims shall be 36 months.
  • 19.1 Whenever COGSA applies to this Bill of Lading, this contract is to be governed by the laws of the United States and the United States District Court and the District of Florida is to have exclusive jurisdiction to hear all disputes hereunder. In all other cases, interpretation of this Bill of Lading shall be subject to the laws of the State of Florida, without regard to its conflicts of law principles.  All disputes and matters whatsoever arising under in connection with or incident to this Agreement, and any other dispute, matter or action between the parties, whether arising in tort, contract or otherwise, shall be brought in the Federal Courts of the United States of America with venue in state courts of the State of Florida in the Eleventh Judicial District in and for Miami Dade County, Florida, or any other court which the carrier may, in its sole absolute discretion, voluntarily submit to the jurisdiction of.   The parties expressly waive the right to contest any issues, regarding venue or personal jurisdiction and agree in the event of litigation to submit to the jurisdiction of such court and county.
  • 20.1 General Average will be adjusted at Los Angeles or New York, or any other port (at Carriers option), according to the York Antwerp Rules of 1994 unless an alternate settlement venue and/or rules have been adopted by the vessel operating common carrier or sub-contractor carrier, in which case, the venue and rules of the vessel operating common carrier shall be in effect.  In the event of accident, danger, damage or disaster, before or after commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for consequence of which, the carrier is not responsible, by statute, contract or otherwise for the Goods, Shipper, Consignee or owners of the goods shall contribute with the carrier in General Average to the payment of any sacrifices, losses or expense of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods.  If a salvaging ship(s) is owned or operated by the Carrier, salvage shall be paid for in the same manner as if salvaging ship(s) belonged to strangers.  Such security including a cash deposit as the Carrier may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon, shall be submitted to the Carrier prior to delivery for the Goods of the Carrier shall so demand.
  • 21.1 If the ship comes into collision with another vessel as a result of negligence of the other vessel and any negligence or fault on the part of  Carrier or its servants or subcontractors, Merchant shall indemnify Carrier against all loss or liability to the other or non-carrying vessel or her owners, insofar as such loss or liability represents loss of, or damage to,  or any claim whatsoever of Merchant paid or payable by the other or non-carrying vessel or her owners to Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel  or her owner. This provision shall apply as well where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault with respect to a collision or contact.
  • 22.1 The goods carried under this Bill of Lading are also subject to all the terms and conditions of tariff(s) published pursuant to the regulations of the United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this Bill of Lading.
  • 22.2 Copies of the Carriers’ tariffs may be obtained from the Carrier or its agents or from Carriers’ website, the address of which is set forth on the US Federal Maritime Commission’s website at
  • 23.1 Goods of a perishable nature shall be carried in ordinary containers without special protection, services or other measures unless there is noted on the reverse side of this Bill of  Lading that the goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to receive special attention in any way. Carrier shall not be liable for any loss of or damage to goods in a special hold or container arising from latent defects, breakdown, or stoppage of the refrigeration, ventilation or heating machinery, insulation, ships plant, or other such apparatus of the vessel or container, provided that the Carrier shall before or at the beginning of the transport exercise due diligence to maintain the special hold or container in an efficient state.
  • 23.2 Merchant undertakes not to tender for transport any goods which require refrigeration without giving written notice of their nature and the required temperature setting of the thermostatic controls prior to receipt of the goods by Carrier. In case refrigerated containers packed by or on behalf of Merchant, Merchant warrants that the goods had been properly stowed in the container and that the thermostatic controls have been  adequately set before receipt of the goods by Carrier.
  • 23.3 Merchant’s attention is drawn to that fact that refrigerated containers are not designed to freeze down cargo which has not been presented for stuffing at or below its designated carrying temperature. Carrier shall not be responsible for the consequences of cargo tendered at a higher temperature than that required for transport.
  • 23.4 If the above requirements are not complied with, Carrier shall not be liable for any loss of or damage to the goods whatsoever.
  • 24.1 The terms of this Bill of Lading shall be severable, and, if any part or term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.
  • 25.1 No party, including, but not limited to any servant or agent of Carrier shall have power to waive or vary any of the terms hereof unless such variation is in writing and is specifically accepted and authorized in writing by Carrier.