Combined Transport Bill of Lading
Notwithstanding the heading "Combined Transport Bill of Lading," the provisions set out and referred to in this document shall also apply if the transport as described on the face of the Bill of Lading is performed by one mode of transport only. These provisions constitute a contract between Merchant and Carrier and may be used by Carrier only with the consent of the National Customs Brokers and Forwarders Association of America, Inc.
(1) CLAUSE PARAMOUNT:
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"). All carriage to and from other
States shall be governed by the law of any state
making the Hague Rules or Hague-Visby Rules
compulsorily 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) DEFINITIONS:
2.1 "Ship" means the vessel named in
this Bill of Lading, or any conveyance owned,
chartered, towed or operated by Carrier or used by
Carrier for the performance of this contract.
2.2
"Carrier" means EFL Container Lines LLC., on whose
behalf this Bill of Lading has been signed.
2.3
"Merchant" includes the Shipper, the Receiver, the
Consignor, the Consignee, the Holder of this Bill of
Lading and any person having a present or future
interest in the Goods or any person acting on behalf
of any of the above-mentioned persons.
2.4
"Package" is the largest individual unit of partially
or completely covered or contained cargo made up by or
for 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 this bill
of lading.
2.5 "Container"
includes any container, trailer, transportable tank,
lift van, flat, pallet, or any similar article of
transport used to consolidate goods.
2.6
"Carrier's container or carrier's equipment" includes
containers or equipment owned, leased or used by
Carrier in the transportation of Merchant's 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, include the container(s) as well.
(3) SUBCONTRACTING:
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 and all
duties undertaken by Carrier in relation to the goods.
Every servant, agent, subcontractor (including
sub-subcontractors), or other person whose services
have been used to perform this contract shall be
entitled to the rights, exemptions from, or
limitations of, liability, defenses and immunities set
forth herein. For these purposes, Carrier shall be
deemed to be acting as agent or trustee for such
servants, agents, subcontractors, or other persons who
shall be deemed to be parties to this contract.
(4) ROUTE OF TRANSPORT:
Carrier is entitled to perform the transport in any
reasonable manner and by any reasonable means, methods
and routes. The Ship shall have the liberty, either
with or without the goods on board, to at any time,
adjust navigational instruments, make trial trips, dry
dock, go to repair yards, shift berths, 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) HINDRANCES AFFECTING PERFORMANCE:
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
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 Merchant elect to: (a) treat the
performance of this contract as terminated and place
the goods at Merchant's disposal at any place Carrier
shall deem safe and convenient, or (b) deliver the
goods at the place of delivery.
In any event, Carrier shall be entitled to, and
Merchant shall pay, full freight for any goods
received for transportation and additional
compensation for extra costs and expenses resulting
from the circumstances referred to above.
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 and
expense of Merchant without any liability whatsoever
in respect of such agency.
5.4
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 suggestion. If by 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
contract of carriage and shall not be a deviation.
(6) BASIC LIABILITY:
6.1 Carrier shall be liable for loss
of or damage to the goods occurring between the time
when 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.
6.2 If it is established
that the loss of or damage to the goods occurred
during sea carriage or during carriage by land in the
United States, liability shall be governed by the
legal rules applicable as provided in Section 1 of
this Bill of Lading.
6.3
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:
cannot be departed from by private contract to the
detriment of Merchant, and
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 evidence thereof any
particular document which must be issued in order to
make such international convention or national law
applicable.
6.4 If it cannot be determined when
the loss of or damage to the goods occurred, liability
shall be governed as provided in Section 6.2 above.
6.5
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 any direct or
indirect losses caused by any delay.
6.6
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 or concealed damage to
or shortage of goods packed by Merchant,
(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 or 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 he
could not prevent by the exercise of due diligence.
6.7
When Carrier pays claims to Merchant, 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.
6.8 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) COMPENSATION FOR LOSS AND DAMAGE:
7.1 Unless otherwise mandated by
compulsorily applicable law, Carrier's liability for
compensation for loss of or damage to goods shall in
no case exceed the amount of 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 Carrier's
tariff, in which case such higher value shall be the
limit of Carrier's 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 its behalf, and the container is sealed
when received by Carrier for shipment, Carrier's
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
Carrier's 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
Carrier's liability for compensation may exceed the
amounts set forth in Section 7.1 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 the goods is less than US$500 per
package or per customary freight unit, their value for
compensation purposes shall be deemed to be the
invoice value, plus freight and insurance, if paid.
7.4
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 other 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.
7.5 Carrier will not
arrange for insurance on the goods except upon express
instructions from the Consignor and then only at
Consignor’s expense and presentation of a declaration
of value for insurance purposes prior to shipment.
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S.
CUSTOMS:
Carrier is responsible for transmitting information to
U.S. Customs and Border Protection 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 in a timely fashion.
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 arising from
any inaccuracy.
(9) CARRIER'S CONTAINERS:
If goods are not received by Carrier already in containers, Carrier may pack them in any type container. 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 agents. Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier's containers or equipment during handling by or when in possession or control of Merchant.
(10) CONTAINER PACKED BY MERCHANT:
If Carrier receives the goods already packed into
containers:
10.1. 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;
10.2. 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;
10.3. Delivery shall
be deemed as full and complete performance when the
containers are delivered by Carrier with the seals
intact; and
10.4. 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
10.5.
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) DANGEROUS GOODS:
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) DECK CARGO:
Carrier has the right to carry the goods in any
container under deck or on deck. 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. 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, misdelivery,
delay or loss to goods carried on deck, whether or not
caused by Carrier's negligence or the ship's
unseaworthiness.
(13) SOLAS WEIGHT CERTIFICATION:
Merchant acknowledges that it is required to provide
verified weights obtained on calibrated, certified
equipment of all cargo that is to be tendered to
steamship lines. Shipper agrees that Carrier is
entitled to rely on the accuracy of such weights and
to counter-sign or endorse it as Carrier’s own
certified weight to the steamship line carrying the
cargo. The Merchant agrees that it shall indemnify and
hold the Carrier harmless from any and all claims,
losses, penalties or other costs resulting from any
incorrect or questionable verification of the weight
provided by Merchant or its agent or contractor on
which the Carrier relies.
(14) HEAVY LIFT:
14.1 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 the packages by Carrier.
The weight of such packages must be clearly and
durably marked on the outside of the package in
letters and figures not less than two inches high.
14.2
If Merchant fails to comply with the above provisions,
Carrier shall not be liable for any loss of 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.
14.3 Merchant agrees to
comply with all laws or regulations 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 such laws or regulations.
(15) DELIVERY:
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 in this Bill of
Lading. 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. 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
of or stored at Merchant's expense.
(16) NOTICE OF CLAIM:
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 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 written notice within
3 days of the delivery.
(17) FREIGHT AND CHARGES:
17.1 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 the 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, weight, measure and or value of the 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.
17.2
Freight shall be deemed earned on receipt of goods by
Carrier, the goods lost or not lost, whether the
freight is 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 another
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 a freight
forwarder, broker or anyone other than directly to
Carrier shall not be deemed 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.
17.3
Merchant shall be liable for all dues, fees, 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, detention or other
charges imposed on the goods or their containers by
third parties.
17.4 The Shipper,
consignee, holder hereof, and owner of the goods, and
their principals, 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 or action for monies due to Carrier,
upon recovery by Carrier, pay the expenses of
collection and litigation, including reasonable
attorneys' 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.
17.5
The Shipper, consignee, holder hereof, and owner of
the goods, and their principals, 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.
(18) LIEN:
Carrier shall have a lien on any and all property (and
documents relating thereto) of Merchant in its actual
or constructive possession, custody or control or en
route, which lien shall survive delivery, for all
claims for charges, expenses or advances incurred by
Carrier in connection with this shipment, or any
previous shipment, of Merchant, or both, which lien
shall survive delivery, 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, the goods, wares and/or merchandise or so
much 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 transmitted to
Merchant, and Merchant shall be liable for any
deficiency in the sale.
(19) TIME BAR:
Carrier shall be discharged from all liability for
loss of or damage to goods unless suit is brought
within one (1) year 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 6 months.
(20) JURISDICTION:
The courts of Miami-Dade County Florida shall have exclusive jurisdiction over any dispute arising from the carriage evidenced by this Bill of Lading. Merchant and Carrier each hereby agree to the personal jurisdiction of the forum having jurisdiction over their disputes under this clause. Except as otherwise provided in this Bill of Lading, the laws of the State of Florida, United States shall apply.
(21) GENERAL AVERAGE:
21.1 General Average shall be
adjusted at New York, or any other port at Carrier's
option, according to the York-Antwerp Rules of 1994.
The General Average statement shall be prepared by
adjusters appointed by Carrier.
21.2
In the event of accident, damage, danger or disaster
after commencement of the voyage resulting from any
cause whatsoever, whether due to negligence or not,
for the consequence of which Carrier is not
responsible by statute, contract or otherwise,
Merchant shall contribute with Carrier in General
Average to the payment of any sacrifice, loss or
expense of a General Average nature that may be made
or incurred, and shall pay salvage or special charges
incurred in respect of the goods. If a salving vessel
is owned or operated by Carrier, salvage shall be paid
for as fully as if the salving vessel or vessels
belonged to strangers.
(22) BOTH-TO-BLAME COLLISION CLAUSE:
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 ship 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.
(23) FORCE MAJEURE:
Company shall not be liable for losses, damages,
delays, wrongful or missed deliveries or
nonperformance, in whole or in part, of its
responsibilities under the Agreement, resulting from
circumstances beyond the control of either Company or
its sub -contractors, including but not limited to:
(i) acts of God, including flood, earthquake, tornado,
storm, hurricane, power failure, epidemic or other
severe health crisis, or other natural disaster; (ii)
war, hijacking, robbery, theft or terrorist
activities; (iii) incidents or deteriorations to means
of transportation, (iv) embargoes, (v) civil
commotions or riots, (vi) defects, nature or inherent
vice of the goods; (vii) acts, breaches of contract or
omissions by Customer, Shipper, Consignee or anyone
else who may have an interest in the shipment, (viii)
acts by any government or any agency or subdivision
thereof, including denial or cancellation of any
import/export or other necessary license; or (ix)
strikes, lockouts or other labor conflicts. In such
event, Company reserves the right to amend any tariff
or negotiated freight or logistics rates, on one day’s
notice, as necessary to provide the requested service.
(24) CARRIERS' TARIFFS:
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. Copies of Carriers' tariffs may be obtained
from Carrier or its agents or from Carriers’ website,
the address of which is set forth on the U.S. Federal
Maritime Commission’s website at
www.fmc.gov. Carrier
may enter into Negotiated Rate Arrangements with
Merchant in lieu of publishing the applicable rates
and charges for services provided in its rate tariff.
(25) PERISHABLE CARGO:
25.1 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, ship’s
plant, or other such apparatus of the vessel or
container, provided that Carrier shall before or at
the beginning of the transport exercise due diligence
to maintain the special hold or container in an
efficient state.
25.2 Merchant
undertakes not to tender for transportation any goods
that require refrigeration without given written
notice of their nature and the required temperature
setting of the thermostatic controls before receipt of
the goods by Carrier. In case of refrigerated
containers packed by or on behalf of Merchant,
Merchant warrants that the goods have been properly
stowed in the container and that the thermostatic
controls have been adequately set before receipt of
the goods by Carrier.
25.3
Merchant's attention is drawn to the 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 the transportation.
25.4
If the above requirements are not complied with,
Carrier shall not be liable for any loss of or damage
to the goods whatsoever.
(26) SEVERABILITY:
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.
(27) VARIATION OF THE CONTRACT:
This contract supersedes all prior agreement between
the parties with respect to its subject matter.
No 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 authorized
or ratified in writing by Carrier.