As between the shipowner and the charterer, the contract of carriage is contained in the charterparty, in the absence of an agreement to vary it by the bill of lading or otherwise1; as regards other persons, it is prima facie to be found in the bill of lading2. The terms of the charterparty are not as such binding either on the shipper, where he is not the charterer, or on the consignee or indorsee of the bill of lading, where he is not the charterer, whether he knows of its existence
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