A term of the charterparty which is, on the face of it, capable of being incorporated in the bill of lading must nevertheless be disregarded if it is inconsistent with an express term of the bill of lading1.
Thus, a provision in the charterparty providing for payment of freight on the ship's dead weight capacity cannot prevail against an express term in the bill of lading that freight is to be paid at a specified rate per ton, although the bill of lading also provides for payment of freight as per charterparty
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