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TERMS AND CONDITIONS(Large Print Available on Request)1. DEFINITIONS"Carrier" means COSCO SHIPPING Lines Co., Ltd. located at 378,Dongdaming Road, Shanghai 200080, P. R. China.“Carriage” means the whole or any part of the operations and serviceswhatsoever undertaken by the Carrier in respect of the Goods coveredunder this Bill of Lading.“Bill of Lading” means the present document, whether issued as a Bill ofLading or a Sea Waybill, and whether issued in paper or electronically."Merchant" includes the Consignor, the Shipper, the Receiver, theConsignee, the Owner of the Goods, the Holder or Endorsee of this Bill ofLading, any Person owing, entitled to or claiming the possession of theGoods or this Bill of Lading and anyone acting on behalf of any suchperson.“Holder” means any person for the time being in possession of this Bill ofLading or to whom rights of suit and/or liability under this bill of ladinghave been transferred or vested."Vessel" includes the Vessel(s) named in this Bill of Lading or anysubstitute therefor, and any feeder vessel, lighter or barge used by or onbehalf of the Carrier in connection with any waterborne carriage."Subcontractor" includes owners,managers, operators and charterers ofvessels (other than the Carrier), stevedores, terminal, warehouse, depot andgroupage operators, road and rail transport operators and any independentcontractor employed by the Carrier in the performance of the carriage andany sub-Subcontractor thereof. The expression Subcontractor shall includedirect and indirect Subcontractors and their respective servants, agents orSubcontractors.1 / 22
"Goods" means the whole or any part of the cargo received from theMerchant and includes any Container not supplied by or on behalf of theCarrier.“Package” means for limitation purposes the largest unit into which theGoods are packaged or consolidated by the Merchant including anypalletized and/or assemblage of cartons for the convenience of theMerchant."Container" includes any Container, open top, trailer, transportable tank,flat rack, platform, pallet, and any other equipment or device used for or inconnection with the transportation of the Goods.“Freight” includes all charges payable to the Carrier in accordance withthe applicable Tariffs and this Bill of Lading.“U.S. COGSA” refers to the Carriage of Goods by Sea Act of the UnitedStates approved April 16, 1936.“Terms and Conditions” means all terms, rights, defenses, provisions,conditions, exceptions, limitations and liberties hereof.2. WARRANTYThe Merchant warrants that in agreeing to the Terms and Conditions hereofhe is, or has the authority to contract on behalf of, the person owning orentitled to the possession of the Goods and this Bill of Lading.3. CARRIER'S TARIFFThe Terms and Conditions of the Carrier's applicable Tariff and otherrequirements regarding charges are incorporated into this Bill of Lading.Particular attention is drawn to the Terms and Conditions contained therein,including, but not limited to, free storage time, Container and vehicledemurrage and detention etc. Copies of the relevant provisions of theapplicable Tariff are obtainable from the Carrier or its agents upon request.In case of any inconsistency between this Bill of Lading and the applicableTariff, this Bill of Lading shall prevail.2 / 22
4 SUBCONTRACTING, INDEMNITY AND CERTAIN DEFENSES,EXEMPTIONS AND LIMITATIONS(1) The Carrier shall be entitled to sub-contract at any time and on anyterms whatsoever the whole or any part of the carriage with anySubcontractor and/or to substitute any other vessel or means of transportfor the Vessel, including liberty to further sub-contract.(2) The Merchant agrees that no claim or legal action whatsoever shall bemade or brought against any person by whom the carriage is performed orundertaken (including, but not limited to, the Carrier's servants, agents orSubcontractors) other than the Carrier. Should any such claim or legalaction nevertheless be made or brought, the Merchant undertakes toindemnify the Carrier against all consequences thereof including legalexpenses on a full indemnity basis. Without prejudice to the foregoing,every such person or vessel, including, but not limited to, the Carrier'sservants, agents, or Subcontractors as defined in Clause 1 above, shall havethe benefit of every exemption, defense and limitation herein containedapplicable to the Carrier, in contract or in tort, as if such provision wereexpressly contracted for its benefit, and, in entering into this contract, theCarrier, to the extent of such exemptions, defenses and limitations, does sonot only on its behalf, but also as an agent and trustee for such person orvessel.5 CARRIER'S RESPONSIBILITY(1) Port to Port Shipment If box 4, box 5 and/or box 9 without anyinserted, or the place(s) or port(s) indicated therein is/are same as theplace(s) or port(s) that indicated in box 7 and box 8 on the front of this Billof Lading, this Bill of Lading is a Port-to-Port contract. The Carrier shallbe responsible for the Goods as Carrier from the time when the Goods arereceived by the Carrier at the Port of Loading until the time of deliverythereof at the port of discharge to the Merchant or to the Authority as3 / 22
required by local laws or regulations, whichever occurs earlier.(2) Combined Transport If box 4, box 5 and/or box 9 are filled in on thefront of this Bill of Lading and the place(s) or port(s) indicated thereinis/are place(s) or port(s) other than that indicated in box 7 and box 8 andFreight is paid for combined transport, this Bill of Lading is a combinedtransport contract. The Carrier undertakes to arrange or procure the precarriage and/or on-carriage segments of the combined transport. All claimsarising from the combined transport carriage must be filed with the Carrierwithin 9 months after the delivery of the Goods or the date when the Goodsshould have been delivered, failing which the Carrier shall be dischargedfrom all liabilities whatsoever in respect of the Goods. If any payment ismade by the Carrier to the Merchant in respect of any claim arising fromthe combined transport carriage, the Carrier shall be automaticallysubrogated to or given all rights of the Merchant against all othersincluding pre-carrier or on-carrier or Subcontractor on account of such lossor damage. Nothing herein contained shall be deemed a waiver of anyrights that the Carrier may have against a pre-carrier or on-carrier orSubcontractor for indemnity or otherwise.6. NOTICE OF CLAIM AND TIME BAR(1) Unless notice of loss or damage is given in writing to the Carrier's agentat the Port of Discharge or Place of Delivery before or on the date ofdelivery of the Goods, or if loss or damage is not apparent, within 15consecutive days thereafter, such delivery shall be prima facie evidence ofthe delivery of the Goods by the Carrier and/or on-carrier in the order andcondition described in this Bill of Lading.(2) The Carrier, its servants, agents and Subcontractors shall be dischargedfrom all liabilities whatsoever unless suit is brought within one year afterthe delivery of the Goods or the date when the Goods should have beendelivered.4 / 22
7. LOSS OR DAMAGE(1) The Terms and Conditions of this Bill of Lading shall at all times governall responsibilities of the Carrier in connection with or arising out of thecarriage of the Goods not only during the carriage, but also during theperiod prior to and/or subsequent to the carriage. The exemptions fromliability, defenses and limitation of liability provided for herein orotherwise shall apply in any action against the Carrier for loss or damageor delay, howsoever occurring and whether the action be founded incontract or in tort and even if the loss, damage or delay arose as a result ofunseaworthiness, negligence or fundamental breach of contract. Save as isotherwise provided herein, the Carrier shall in no circumstances be liablefor direct or indirect or consequential loss or damage or loss of profits.(2) The Carrier does not undertake that the Goods will be transported fromor loaded at the place of receipt or loading or will arrive at the place ofdischarge, destination or transshipment aboard any particular vessel orother conveyance at any particular date or time or to meet any particularmarket or in time for any particular use. Scheduled or advertised departureand arrival times are only expected times and may be advanced or delayedif the Carrier shall find it necessary, prudent or convenient. The Carriershall in no circumstances whatsoever and howsoever arising be liable fordirect, indirect or consequential loss or damage caused by delay.(3) If the stage of the combined transport during which loss or damageoccurred can be determined, the liability of the Carrier shall be governedby the national law(s) and/or international convention(s) applicable thereto.If the stage of the combined transport during which loss or damageoccurred cannot be determined, the Merchant and the Carrier agree that itshall be deemed that the loss or damage occurred aboard the Carrier’sVessel. In either case, clauses 6(2) and 8 shall apply.8. LIMITATION OF LIABILITY5 / 22
(1) Subject always to the Carrier’s right to limit liability as provided forherein, if the Carrier is liable for compensation in respect of loss of ordamage to the Goods, such compensation shall be calculated by referenceto the value of the Goods plus Freight and insurance if paid. The value ofthe Goods shall be determined by the lowest price with reference to thecommercial invoice, customs declaration, any prevailing market price (atthe place and time they are delivered or should have been delivered),production price or the reasonable value of goods of the same kind and/orquality.(2) Save as is provided in clause 8(3):(a) this Bill of Lading shall be subject to the provisions of the law asprovided for in Clause 27(1). The Carrier shall in no event be or becomeliable for any loss or damage to or in connection with Goods in any amountexceeding the limits in an amount equivalent to 666.67 SDR per packageor other shipping unit, or 2 SDR per kilogramme of the gross weight of theGoods lost or damaged, whichever is the higher, unless Clause 8(2)(b)applies;(b) where carriage includes carriage to or from or through a port or placein the United States of America, this Bill of Lading shall be subject to theprovisions of U.S. COGSA, as provided for in Clause 27(2) hereof. In suchevent, the Carrier shall in no event be or become liable for any loss ordamage to or in connection with Goods in any amount exceeding the limitsin an amount USD 500 per package or, when the Goods are not shipped inpackages, USD 500 per customary freight unit. In any event, the Carrier’slimitations of liability in respect of inland loss or damage shall be no higherthan that of the underlying Carrier.(3) The Merchant agrees and acknowledges that the Carrier has noknowledge of the value of the Goods and higher compensation than thatprovided for in this Bill of Lading may be claimed only when, with the6 / 22
consent of the Carrier, the nature and value of the Goods have beendeclared by the Merchant before shipment and inserted in this Bill ofLading in the box of “Declared Cargo Value” and the Merchant has paidadditional Freight on such declared value. This declaration if embodied inthis Bill of Lading shall be prima facie evidence, but shall not be bindingor conclusive on the Carrier. The Carrier shall in no event be or becomeliable for any loss or damage to or in connection with Goods if the natureor value thereof has been misstated by the Merchant in this Bill of Lading.(4) Where a container, pallet or similar article of carriage is used toconsolidate Goods, the smallest number of packages or other shipping unitsenumerated in this Bill of Lading as packed in such article of carriage shallbe deemed to be the number of packages or shipping units. If not soenumerated, the Goods in such article of carriage shall be deemed to beone package or one shipping unit. Where the article of carriage is notowned or furnished by the Carrier, such article of carriage shall be deemedto be one package or one shipping unit.9. FIREThe Carrier shall not be liable for any loss of or damage to the Goodsoccurring at any time, including that before loading or after discharge byreason of any fire whatsoever, unless such fire is caused by the actual faultof the Carrier.10. CARRIER'S CONTAINERS(1) Goods received in break bulk will be stuffed by the Carrier inContainers and the Carrier shall have the right to carry any Containers,whether or not stuffed by the Carrier, on deck or below deck. All suchGoods shall participate in General Average, Salvage charges and/or specialcharges. The Terms and Conditions of this Bill of Lading, including theapplicable laws as provided for in Clause 27 shall apply to Containerscarried on deck.7 / 22
(2) If Carrier's Containers and equipment are used by the Merchant for precarriage or on-carriage or unpacked at the Merchant's premises, theMerchant is responsible for returning the empty Containers, with interiorsbrushed, clean and free of smell to the point or place designated by theCarrier, its servants or agents, within the time prescribed in the Tariff and/orrequired by the Carrier. Should a Container not be returned within theaforesaid time, the Merchant shall be liable for any detention, demurrage,loss or expenses which may arise from such non-return.(3) The Merchant shall be liable for any loss of or damage to Carrier'sContainers and other equipment while in the custody of the Merchant oranyone acting on the Merchant's behalf. The Merchant shall also be liableduring such period for any loss of or damage to the property of others orfor any injuries or death and the Merchant shall indemnify and hold theCarrier harmless against all damages, including legal expenses, incurredfrom any and all such claims arising during such periods.11. MERCHANT-STUFFED CONTAINER(1) If a Container has not been stuffed by or on behalf of the Carrier, theCarrier shall not be liable for loss of or damage to the Goods and theMerchant shall indemnify the Carrier against any loss, damage, liability orexpense incurred by the Carrier if such loss, damage, liability or expensehas been caused by:(a) the manner in which the Container has been filled, packed, loaded orstuffed, or(b) the unsuitability of the Goods for carriage in the Container, or(c) the unsuitability or defective condition of the Container, provided that,if the Container had been supplied by or on behalf of the Carrier, thisunsuitability or defective condition could have been apparent uponinspection by the Merchant at or prior to the time when the Container wasfilled, packed, loaded or stuffed.8 / 22
(2) If a Merchant-stuffed Container is delivered by the Carrier with its sealintact, such delivery shall constitute full and complete performance of theCarrier's obligations hereunder and the Carrier shall not be liable for anyloss or shortage of the Goods ascertained at delivery.(3) The Merchant shall inspect Containers before stuffing them and the useof a Container shall be prima facie evidence of its being suitable andwithout defect.12. MERCHANT'S DESCRIPTION(1) The Merchant's description of the Goods stuffed in a sealed Containerby the Merchant, or on its behalf, shall not be binding on the Carrier, andthe description declared by the Merchant on the front of this Bill of Ladingis information provided by the Merchant solely for its own use includingbut not limited to the use of its freight forwarder. It is understood by theMerchant that the Carrier has not verified the contents, weight ormeasurement of a sealed Container, and the Carrier makes norepresentation as to the contents of a sealed Container, van, crate or boxhereunder, nor its weight or measurement, nor the value, quantity, quality,description, condition, marks or number of the contents thereof. TheCarrier shall be under no responsibility whatsoever in respect of suchdescription or particulars.(2) If any particulars of any letter of credit and/or import license and/orsales contract and/or invoice or order number and/or details of any contractto which the Carrier is not a party are shown on the front of this Bill ofLading, such particulars are included at the sole risk of the Merchant andfor its convenience. The Merchant agrees that the inclusion of suchparticulars shall not be regarded as a declaration of value and shall in noway affect the Carrier's liability under this Bill of Lading. The Merchantacknowledges that, except as provided for in Clause 8 hereof, the value ofthe Goods is unknown to the Carrier.9 / 22
13. MERCHANT'S RESPONSIBILITY(1) The parties defined as Merchant in clause 1 hereof shall, whereapplicable, be jointly and severally liable to the Carrier for the duefulfillment of all obligations undertaken by any of them under this Bill ofLading.(2) The Merchant warrants to the Carrier that the particulars relating to theGoods as set forth on the front of this Bill of Lading have been checked bythe Merchant on receipt of this Bill of Lading and that such particulars, andany particulars furnished by or on behalf of the Merchant, are adequate andcorrect. The Merchant also warrants that the Goods are lawful Goods andare not contraband, drugs or other illegal substances or stowaways, and thatthe Goods will not cause loss, damage or expense to the Carrier, or to anyother cargo.(3) The Merchant shall indemnify the Carrier against all liabilities, costs,losses, damages, fines, penalties, expenses or other sanctions of a monetarynature arising or resulting from any breach of the warranties in Clause 13(2)hereof or from any other cause in connection with the Goods for which theCarrier is not responsible. The Carrier shall have the right to collectliquidated damages from the Merchant in accordance with its provisions.(4) If the Merchant's description of the Goods in this Bill of Lading or inany document or certificate furnished to the Carrier by or on behalf of theMerchant shall prove to have been inaccurate, incorrect or misleading inany respect, the Merchant shall be liable for all fines, penalties, chargesand expenses arising therefrom, and any loss and damage suffered by theCarrier.(5) The Merchant shall comply with all regulations or requirements ofcustoms, port and other Authorities, and shall bear and pay all duties, taxes,fines, imposts, expenses or losses (including the full return Freight for theGoods if returned, or if on-carried, the full Freight from the Port of10 / 22
Discharge or the Place of Delivery nominated herein to the amended Portof Discharge or the amended Place of Delivery) incurred and/or sustainedby reason of any failure to so comply, or by reason of any illegal, incorrector insufficient marking, numbering, or addressing of the Goods, and shallindemnify the Carrier in respect thereof.14. FREIGHT AND CHARGES(1) All Freight shall be deemed fully, finally and unconditionally earnedupon booking of the Goods by the Carrier and shall be paid and nonreturnable in any event whatsoever.(2) All Freight and charges shall be paid without any set-off, counter-claim,deduction, or stay of execution before delivery of the Goods.(3) The Merchant's attention is drawn to the stipulations concerningcurrency in which the Freight is to be paid, rate of exchange, devaluationand other contingencies concerning the Freight in the applicable Tariff oras agreed otherwise.(4) Payment of Freight and charges to any freight forwarder or broker, oranyone other than the Carrier or its authorized agent, shall not beconsidered payment to the Carrier and shall be made at the Merchant's solerisk.(5) The parties defined as Merchant in clause 1 hereof shall, whereapplicable, be jointly and severally liable to the Carrier for payment of allFreight, demurrage and detention, General Average, Salvage chargesand/or special charge,and charges, including, but not limited to, courtcosts, expenses and reasonable attorney's fees incurred in collecting sumsdue the Carrier, failing which shall be considered a default by the Merchantin the payment of Freight and charges.15. INSPECTION OF THE GOODSThe Carrier and/or any person to whom the Carrier has subcontracted thecarriage or any person authorized by the Carrier shall be entitled, but under11 / 22
no obligation,to open any Container or Package at any time and to inspectthe Goods. If by order of the Authorities at any place, a container must beopened for inspection, the Carrier shall not be liable for any loss or damageincurred as a result of any opening, unpacking, inspection or repacking.The Carrier shall be entitled to recover the cost of such opening, unpacking,inspection, and repacking from the Merchant.16. CARRIAGE AFFECTED BY CONDITION OF THE GOODSIf it appears at any time that the Goods cannot safely or properly be carriedor carried further, either at all or without incurring any additional expenseor taking any measure(s) in relation to the Goods or the Container, theCarrier may without notice to the Merchant (but as its agent only) take anymeasure(s) and/or incur any additional expense to carry or to continue thecarriage thereof, and/or dispose of the Goods, and/or abandon the carriageand/or store them ashore or afloat, under cover or in the open, at any place,whichever the Carrier in its absolute discretion considers most appropriate,which abandonment, storage or disposal thereof shall be deemed toconstitute due delivery under this Bill of Lading. The Merchant shallindemnify the Carrier against any additional expense so incurred.17. LIENSThe Carrier shall have a lien on the Goods and any documents relatingthereto for all sums payable to the Carrier under this contract and forGeneral Average, Salvage charges and/or special charges contributions towhomsoever due. The Carrier shall also have a lien on the Goods and anydocument relating thereto for all sums due by the Merchant to the Carrierunder any other contract whether or not related to this Carriage. The Carriermay exercise its lien at any time and any place in its sole discretion,whether the contractual Carriage is completed or not. In any event any lienshall extend to cover the cost of recovering any sums due and for thatpurpose the Carrier shall have the right to sell the Goods by public auction12 / 22
or private treaty, without notice to the Merchant. Nothing herein shallprevent the Carrier from recovering from the Merchant the differencebetween the amount due to the Carrier and the net amount realized by suchsale. The Carrier’s lien shall survive delivery of the Goods.18. DECK CARGO, ANIMALS AND PLANTSGoods (other than Goods stuffed in Containers) that are stated on the frontof this Bill of Lading as contracted to be stowed "on deck" and are socarried, and all live animals, including fish and birds, or plants shippedhereunder, shall be carried solely at the risk of the Merchant, and theCarrier shall not be liable for any loss or damage of whatsoever naturearising during carriage by sea whether or not arising out of negligence onthe part of the Carrier. The Carrier shall be bound to prove that he hasfulfilled the special requirements of the Merchant with regard to thecarriage of the live animals and that under the circumstances of the seacarriage, the loss or damage has occurred due to the special risks inherenttherein. The Merchant shall indemnify the Carrier against all or any extracosts incurred for any reason whatsoever in connection with the carriageof such live animals or plants.19. METHODS AND ROUTES OF CARRIAGE(1) The Carrier may at any time and without notice to the Merchant:(a) use any means of transport or storage whatsoever;(b) transfer the Goods from one conveyance to another includingtransshipment or carrying the same on another Vessel other than the Vesselnamed on the front of this Bill of Lading or by any other means of transportwhatsoever;(c) sail without pilots, proceed via any route, (whether or not the nearest ormost direct or customary or advertised route) at any speed and proceed to,return to and stay at any port or place whatsoever (including the Port ofLoading herein provided) once or more often, and in any order in or out of13 / 22
the route or in a contrary direction to or beyond the port of discharge onceor more often;(d) load and unload the Goods at any place or port (whether or not any suchport is named on the reverse hereof as the Port of Loading or Port ofDischarge) and store the Goods at any such port or place;(e) comply with any orders or recommendations given by any governmentor authority or any Person or body acting purporting to act as or on behalfof such government or authority or having under the terms of the insuranceon any conveyance employed by the Carrier the right to give orders ordirections.(2) The liberties set out in Clause 19(1) may be invoked by the Carrier forany purpose whatsoever whether or not connected with the Carriage of theGoods, including but not limited to loading or unloading other goods,bunkering or embarking or disembarking any person(s), undergoing repairsand/or dry docking, towing or being towed, assisting other vessels, makingtrial trips and adjusting instruments.(3) Anything done or not done in accordance with Clause 19 or any delayarising therefrom shall be deemed to be within the scope of the carriageand shall not be a deviation.20. MATTERS AFFECTING PERFORMANCEIf at any time the carriage is or is likely in the judgment of the Master to beaffected by any hindrance, risk, delay, difficulty or disadvantage of anykind, other than the inability of the Goods to be safely or properly carriedor carried further, and howsoever arising (even though the circumstancesgiving rise to such matters as stated above existed at the time this contractwas entered into or the Goods were received for shipment), the Carrier(whether or not the carriage is commenced) may, at its sole discretion andwithout prior notice to the Merchant:(1) carry the Goods to the contracted Port of Discharge or Place of Delivery,14 / 22
whichever is applicable, by an alternative route from that indicated in thisBill of Lading or from that which is customary for Goods consigned to thatPort of Discharge or Place of Delivery. If the Carrier elects to invoke theterms of this sub-Clause, then, notwithstanding the provisions of Clause 19hereof, the Carrier shall be entitled to charge such additional Freight as theCarrier may determine, or(2) suspend the carriage of the Goods and store them ashore or afloat uponthe Terms and Conditions of this Bill of Lading and endeavor to forwardthem as soon as possible, but the Carrier makes no representation as to themaximum period of suspension. If the Carrier elects to invoke the terms ofthis sub-Clause, then the Carrier shall be entitled to the payment of suchadditional Freight as the Carrier may determine, or(3) abandon the carriage of the Goods and place the Goods at theMerchant's disposal at any port or place where the Carrier may deem safeand convenient, whereupon the responsibility of the Carrier in respect ofsuch Goods shall entirely cease. The Carrier shall nevertheless be entitledto full Freight on the Goods received for shipment, and the Merchant shallpay any additional costs of the carriage to, and delivery and storage at suchport or place.Where the Carrier elects to use an alternative route under Clause 20(1) orto suspend the carriage under Clause 20(2), same shall not prejudice itsright subsequently to abandon the carriage.21. DANGEROUS GOODSAt the time of shipping Goods which are or which may become of adangerous, noxious, hazardous, flammable, or damaging nature (includingradioactive material) or which are or may become liable to cause damageor loss of any person, environment or property whatsoever, and whether ornot so listed in any official or unofficial, international or national code,convention, listing or table, the Merchant shall, in compliance with the15 / 22
regulations governing the carriage of such Goods, have the same properlypacked, distinctly marked and labeled and notify the Carrier in writing oftheir proper description, nature and the precautions to be taken. In case theMerchant fails to or inaccurately notifies the Carrier, or if in the opinion ofthe Carrier the Goods are or are liable to become of a dangerous, noxious,hazardous, flammable or damaging nature, they may at any time or placebe unloaded, destroyed, disposed of, abandoned or rendered harmlesswithout compensation to the Merchant and without prejudice to theCarrier’s right to Freight. The Merchant shall indemnify, hold harmless anddefend the Carrier, its servants, agents and Subcontractors and any thirdparty concerned, against all claims, liabilities, loss, damage, delay,personal injury and/or death, costs, fines and/or penalties, and allreasonable legal expenses resulting from such shipment and caused to theCarrier, the Vessel, any other cargo or property, whether on board or ashore,whether or not the Merchant was aware of the nature of such Goods.Notwithstanding the Carrier’s knowledge of the nature of the DangerousGoods and its consent to carry, the Carrier may still have such Goodslanded, destroyed or rendered innocuous, without compensation, whenthey become an actual danger to the Vessel, the crew and other persons onboard or to other goods. However, nothing contained in this Clause shalldeprive the Carrier of any of its rights provided for elsewhere, if any.22. SPECIAL, REFRIGERATED OR HEATED CONTAINERS(1) Unless the Merchant and the Carrier agree in writing before shipmentthat specially ventilated, refrigerated or heated Containers will be used toship the Goods and such agreement is noted on the front of this Bill ofLading, and the Merchant gives proper written notice to the Carrier of thenature of the Goods and of the particular temperature range to bemaintained and
1 / 22 TERMS AND CONDITIONS (Large Print Available on Request) 1. DEFINITIONS "C