Effective	27OCT2018
Filed	27OCT2018
Filing Codes	IC

Control No. 16-06364
    
All cargo transported under the rates, charges, terms and conditions
named in this Tariff and a governed NSA shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable Long Form B\L,
the terms and conditions of which are shown below.
   
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
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 Peters and May USA, Inc. d/b/a Compass Marine,
      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
      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 general lien on any and all property (and
documents relating thereto) of Merchant in its possession, custody or
control or en route, for all claims for charges, expenses or advances
incurred by Carrier in connection with this shipment, or any previous
shipment, of Merchant, or both, 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 [insert time
period] months.
  
(20) JURISDICTION:
The courts of United States Districts Court for the Middle District of
Florida, Jacksonville Division 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
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) 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'
web-site, the address of which is set forth on the U.S. Federal
Maritime Commission's web-site 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.
  
(24) PERISHABLE CARGO:
  
  24.1 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.
  
  24.2 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.
  
  24.3 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.
  
  24.4 If the above requirements are not complied with, Carrier shall not
      be liable for any loss of or damage to the goods whatsoever.
  
(25) 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.
  
(26) 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.

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