Terms and Conditions

Policies & Liability

1. All carriage under this Bill of Lading to or from the United States shall have e!ect 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 e!ect 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 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 located 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 and/or Shipping Company

ll.DEFINITIONS

1. “Ship” means the vessel named in this Bill of Lading, or any conveyance owned, chartered, or operated by Carrier and/or Shipping Company or used by Carrier and/or Shipping Company for the performance of this contract.
2. “Carrier and/or Shipping Company” means Tatra Shipping Co. or the Carrier and/or Shipping Company chosen by Tatra Shipping Co. on whose behalf this Bill of Lading has been signed. When Tatra Shipping Co. is not acting as the Carrier and/or Shipping Company, “Shipping Company” means Tatra Shipping Co.
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.
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 and/or Shipping Company, including palletized units and each container stu!ed 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.
5. “Container” includes any container, trailer, transportable tank, lift van, flat, pallet, or any similar article of transport used to consolidate goods.
6. “Carrier and/or Shipping Company’s container or Carrier and/or Shipping Company’s equipment” includes containers or equipment owned, leased, or used by Carrier and/or Shipping Company in the transportation of Merchant’s goods.
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.

lll. SUBCONTRACTING

1. Carrier and/or Shipping Company and/or Shipping Company 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 and/or Shipping Company and/or Shipping Company in relation to the goods.
2. Every servant or agent or subcontractor (including sub-subcontractors) of Carrier and/or Shipping Company and/or Shipping Company shall be entitled to the same rights, exemptions from liability, defenses, and immunities to which Carrier and/or Shipping Company and/or Shipping Company is entitled. For these purposes, Carrier and/or Shipping Company and/or Shipping Company 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.

lV. ROUTE OF TRANSPORT

1. Carrier and/or Shipping Company and/or Shipping Company is entitled to perform the transport in any reasonable manner and by any reasonable means, methods, and routes.
2. 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.

V. HINDERANCES AFFECTING PERFORMANCE

1. Carrier and/or Shipping Company and/or Shipping Company shall use reasonable endeavors to complete transport and to deliver the goods at the place designated for delivery.
2. In at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of Carrier and/or Shipping Company and/or Shipping Company is or will be a!ected by any hindrance, risk, delay, injury, di”culty 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 and/or Shipping Company and/or Shipping Company to complete the performance of the contract, Carrier and/or Shipping Company and/or Shipping Company whether or not the transport is commenced, may without notice to Merchant elect to:
3. treat the performance of this contract as terminated and place the goods at Merchant’s disposal at any place Carrier and/or Shipping Company and/or Shipping Company shall deem safe and convenient, or
4. deliver the goods at the place of delivery. In any event, Carrier and/or Shipping Company and/or Shipping Company shall be entitled to full freight for any goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.
5. If, after storage, discharge, or any actions according to sub-part 2 V.2 above Carrier and/or Shipping Company and/or Shipping Company 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. Merchant shall reimburse Carrier and/or Shipping Company and/or Shipping Company forthwith upon demand for all extra freight charges and expenses incurred for any actions taken according to sub-part V.2, including delay or expense to the Ship, and Carrier and/or Shipping Company and/or Shipping Company shall have a lien upon the goods to that extent.
6. The situations referred to in sub-part V.2 above shall include, but shall not be limited to, those caused by the existence or apprehension of war declared or undeclared, hostilities, riots, civil 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 troubles whether partial or general and whether or not involving employees of Carrier and/or Shipping Company and/or Shipping Company 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 the goods, epidemics or diseases, bad weather, shallow water, ice, landslip, or other obstacles in navigation or carriage.
7. Carrier and/or Shipping Company and/or Shipping Company, 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 contractual carriage and shall not be a deviation.

Vl. BASIC LIABILITY

1. Carrier and/or Shipping Company and/or Shipping Company 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 buy shall not be liable for any consequential damages arising from such loss or damage. In no case will Carrier and/or Shipping Company and/or Shipping Company be liable for any type of consequential, special, indirect or exemplary damages, including but not limited to loss of income or profits, regardless of whether or not Carrier and/or Shipping Company and/or Shipping Company knew or should have known that such damages might have been incurred.
2. If it is established that the loss of or damage to the goods occurred during sea carriage, liability shall be governed by the legal rules applicable as provided in Section I. 3
3. If it is established that the loss or damage to the goods occurred during carriage by land in the United States, liability shall be governed by the provisions of Section VII.
4. Notwithstanding Section I, 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 and/or Shipping Company and/or Shipping Company in respect of such loss or damage shall be determined by the provisions contained in any international convention or national law, which provisions:
5. cannot be departed from by private contract to the detriment of Merchant; and
6. would have applied if Merchant had made a separate and direct contract with Carrier and/or Shipping Company and/or Shipping Company in respect of the particular state 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.
7. where (a) or (b) above do not apply, any liability of Carrier and/or Shipping Company and/or Shipping Company shall be limited to the amount set forth in Section VII.4.
8. If it cannot be determined when the loss of 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 VI.2 above.
9. Carrier and/or Shipping Company and/or Shipping Company does not undertake that the goods shall be delivered at any particular time and shall not be liable for any direct or indirect losses caused by any delay.
10. Carrier and/or Shipping Company and/or Shipping Company shall not be liable for any loss or damage arising from:
11. an act or omission of Merchant or person other than Carrier and/or Shipping Company and/ or Shipping Company acting on behalf of Merchant from whom Carrier and/or Shipping Company and/or Shipping Company took the goods in charge,
12. compliance with the instructions of any person authorized to give them,
13. handling, loading, stowage or unloading of the goods by or on behalf of Merchant,
14. inherent vice of the goods,
15. lack or insu”ciency 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,
16. insu”ciency or inadequacy of marks or numbers on the goods, coverings or unit loads.
17. fire, unless caused by actual fault or privity of Carrier and/or Shipping Company,
18. any cause or event which Carrier and/or Shipping Company could not avoid and the consequences of which he could not prevent by the exercise of due diligence.
19. When any claims are paid to merchant by Carrier and/or Shipping Company, Carrier and/or Shipping Company shall automatically be subrogated to all rights of Merchant against all others, including inland Carrier and/or Shipping Companys, on account of the losses or damages for which such claims are paid.
20. The defenses and limits of liability provided for in this Bill of Lading shall apply in any action against Carrier and/or Shipping Company for loss or damage to goods whether the action be founded in contract, tort, or otherwise.
    

VII. COMPENSATION FOR LOSS AND DAMAGE

1. Unless otherwise mandated by compulsorily applicable law, Carrier and/or Shipping Company’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 and/or Shipping Company, 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 and/or Shipping Company’s tari!, in which case such higher value shall be the limit of Carrier and/or Shipping Company’s liability. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. Where a container is stu!ed by Shipper or on its behalf, and the container is sealed when received by Carrier and/or Shipping Company for shipment, Carrier and/or Shipping Company’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 and/or Shipping Company’s tari!. 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 and/or Shipping Company shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim. 4
2. In any case where Carrier and/or Shipping Company’s liability for compensation may exceed the amounts set forth in clause VII.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. Carrier and/or Shipping Company shall have the option of replacing lost goods or repairing damaged goods.
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.
4. On shipments involving carriage by land in the United States, loss of or damage to goods shall be limited to US $0.50 per pound of goods lost or damaged, unless a higher value is declared by Shipper and a supplementary charge paid.
5. Carrier and/or Shipping Company 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.
   

VIII. GOODS & PACKING

1. Merchant warrants to Carrier and/or Shipping Company that all particulars of the goods, including, without limitation, the marks, number, quantity and weight, furnished by Merchant are correct and merchant shall indemnify Carrier and/or Shipping Company against all losses arising from any inaccuracy.
2. Merchant is responsible for packing of goods. The bill of lading is prima facie evidence of the receipt of the particular number of containers set forth and that number only. Merchant also warrants that the stowage and seals of the containers are safe, proper, and suitable for handling and carriage and indemnify Carrier and/or Shipping Company for any injury, loss, or damage caused by breach of this warranty.
3. Carrier and/or Shipping Company also have the right, but not the obligation to open and inspect the containers at any time without notice, and expenses resulting from such inspections are Merchant’s responsibility.
4. Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier and/or Shipping Company with the seals intact.
5. Carrier and/or Shipping Company 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.
6. Merchant shall inspect containers before stu”ng them and the use of the containers shall be prima facie evidence of their being sound and suitable for use.
   

lX. DANGEROUS GOODS

1. Merchant may not tender goods of a dangerous nature without written application to Carrier and/or Shipping Company and Carrier and/or Shipping Company’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 or the shippers and consignees.
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 and/or Shipping Company or to the appropriate authorities all necessary documents required by law or by Carrier and/ or Shipping Company for the transportation of such goods.
3. If the goods subsequently, in the judgment of Carrier and/or Shipping Company, become a danger to Carrier and/or Shipping Company, the Ship, or other cargo, Carrier and/or Shipping Company may dispose of the goods without compensation to Merchant and Merchant shall indemnify Carrier and/or Shipping Company for any loss or expenses arising from such action.
   

X. DECK CARGO

1. Carrier and/or Shipping Company has the right to carry the goods in any container under deck or on deck.
2. Carrier and/or Shipping Company 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.5
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 and/or Shipping Company shall not be liable for any nondelivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier and/or Shipping Company’s negligence or the ship’s unseaworthiness.
   

Xl. HEAVY LIFT

1. Single packages with a weight exceeding 2,240 pounds gross not presented to Carrier and/or Shipping Company in enclosed containers must be declared in writing by Merchant before receipt of the packages by Carrier and/or Shipping Company. 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.
2. If Merchant fails to comply with the above provisions, Carrier and/or Shipping Company 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 and/or Shipping Company against any loss or liability su!ered or incurred by Carrier and/or Shipping Company as a result of such failure.
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 and/or Shipping Company against any loss or liability su!ered or incurred by Carrier and/or Shipping Company as a result of Merchant’s failure to comply with this provision.
   

XII. DELIVERY

1. Carrier and/or Shipping Company shall have the right to deliver the goods at any time at any place designated by Carrier and/or Shipping Company within the commercial or geographic limits of the port of discharge or place of delivery shown in this Bill of Lading.
2. Carrier and/or Shipping Company’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.
3. If goods should remain in Carrier and/or Shipping Company’s custody after discharge from the ship and possession is not taken by Merchant, after notice, within the time allowed in Carrier and/or Shipping Company’s applicable tari!, the goods may be considered to have been delivered to Merchant, and, at Carrier and/or Shipping Company’s option, may be disposed of or stored at merchant’s expense.
   

XIII. NOTICE OF CLAIM

1. Written notice of claim for loss of or damage to goods occurring or presumed to have occurred while in the custody of Carrier and/or Shipping Company must be given to Carrier and/or Shipping Company 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 and/or Shipping Company. If such loss or damage is not apparent, Carrier and/or Shipping Company must be given written notice within 3 days of the delivery.
   

XIV. FREIGHT AND CHARGES

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 and/or Shipping Company the accuracy of the contents, weight, measure, or value as furnished by him at the time of receipt of the goods by the Carrier and/or Shipping Company or Inland Carrier and/or Shipping Company, but Carrier and/or Shipping Company 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 value of the goods, Merchant shall be liable for and bound to pay to Carrier and/or Shipping Company:
2. the balance of freight between the freight charged and that which would have been due had the correct details been given, plus
3. expenses incurred in determining the correct details, plus
4. as liquidated and ascertained damages, and additional sum equal to the correct freight. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Carrier and/or Shipping Company to Merchant are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Carrier and/or Shipping Company unless Carrier and/or Shipping Company in writing specifically undertakes the handling of transportation of the shipment at a specific rate.
5. Freight shall be deemed earned on receipt of goods by Carrier and/or Shipping Company, whether the freight be intended to be prepaid or collected at destination. Payment shall be in full and in case without any o!set, counterclaim, or deduction, in the currency named in this Bill of Lading or another currency at Carrier and/or Shipping Company’s option. Interest at 12% 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 and/or Shipping Company shall not be deemed payment to the Carrier and/or Shipping Company. Merchant shall remain liable for all charges hereunder notwithstanding any extension of credit to the freight forwarder or broker by Carrier and/or Shipping Company. Full freight shall be paid on damaged or unsound goods.
6. 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. The ocean freight charge Merchant pays in the United States for shipping your cargo does not cover destination port charges. Destination port charges such as destination handling charge, import customs clearing charge, and agency fees have to be paid to an agency at the port of destination. Consult agencies in your country of destination about these charges before you ship your cargo.
7. Merchant shall be liable for all fees associated if import or export shipments are selected by U.S. Customs for examination. Carrier and/or Tatra Shipping Co. is not responsible for any charges or complications that might arise when dealing with U.S. Customs.
8. The Shipper, consignee, holder hereof, and owner of the goods, and their principals, shall be jointly and severally liable to Carrier and/or Shipping Company for the payment of all freight and charges, including advances and shall, in any referral for collection or action for monies due to Carrier and/or Shipping Company, upon recovery by Carrier and/or Shipping Company, 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.
9. The Shipper, consignee, holder hereof, and owner of the goods, and their principals, shall jointly and severally indemnify Carrier and/or Shipping Company for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon Carrier and/or Shipping Company by reason of any breach of any of the provisions of this Bill of Lading or of any statutory or regulatory requirements.
   

XV. LIEN

1. Carrier and/or Shipping Company 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 and/or Shipping Company in connection with any shipments of Merchant and if such claim remains unsatisfied for 30 days after demand for its payment is made, Carrier and/or Shipping Company may sell at public action 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 recover, and apply the net proceeds of such sale to the payment of the amount due Carrier and/or Shipping Company. Any surplus from such sale shall be transmitted to Merchant, and Merchant shall be liable for any deficiency in the sale.
   

XVI. TIME BAR

1. Carrier and/or Shipping Company 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 and/or Shipping Company until jurisdiction shall have been obtained over Carrier and/or Shipping Company by service of summons. The time bar for overcharge claims shall be 36 months.
   

XVII. JURISDICTION

1. Any claim or dispute arising under this agreement that is governed by federal law shall be governed by U.S. law and determined by the United States District Court in the Northern District of Illinois. Any claim or dispute arising under this agreement that is governed by applicable state law shall be governed by the Circuit Court of CookCounty, Fifth District.
   

XVIII. GENERAL AVERAGE

1. General Average shall be adjusted at New York, or any other port at Carrier and/or Shipping Company’s option, according to the York-Antwerp Rules of 1994. The General Average statement shall be prepared by adjusters appointed by Carrier and/or Shipping Company.
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 and/or Shipping Company is not responsible by statute, contract or otherwise, Merchant shall contribute with Carrier and/or Shipping Company 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 and/or Shipping Company, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
   

XIX. BOTH TO BLAME COLLISION CLAUSE

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 and/or Shipping Company or its servants or subcontractors, Merchant shall indemnify Carrier and/or Shipping Company 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 set0o!, recouped or recovered by the other or non-carrying vessel or her owners as apart of their claim against the carrying ship or her owners. 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.
   

XX. CARRIER AND/OR SHIPPING COMPANYS’ TARIFFS

1. The goods carried under this Bill of Lading are also subject to all the terms and conditions of tari!(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.
2. Copies of Carrier and/or Shipping Company’s’ tari!s may be obtained from Carrier and/or Shipping Company or its agents or from Carrier and/or Shipping Company’s’ web-site.
   

XXI. PERISHABLE CARGO

1. Goods of 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 and/or Shipping Company 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 and/or Shipping Company shall before or at the beginning of the transport exercise due diligence to maintain the special hold or container in an e”cient state.
2. Merchant undertakes not to tender for transportation any goods which 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 and/or Shipping Company. 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 and/or Shipping Company.
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 stu”ng at or below its designated carrying temperature. Carrier and/or Shipping Company shall not be responsible for the consequences of cargo tendered at a higher temperature than that required for the transportation.

XXII. SEVERABILITY

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 a!ect the validity or enforceability of any other part or term hereof.

XXIII. VARIATION OF THE CONTRACT

1. No servant or agent of Carrier and/or Shipping Company 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 and/or Shipping Company.

XXIV. ATTORNEY’S FEES & COURT COSTS

1. In the even of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party of all reasonable attorney fees and court costs resulting therefrom.