Can a charterer rely on 'cesser clause' in C/P to avoid paying GA contribution?

A case from 1970s, The Corinthian Glory provides some explanation. (caution: case is quite fact specific).

Charterers took delivery of the cargo by surrendering the bill of lading. B/L contained a clause incorporating the terms of C/P. C/P contained a general average clause and cesser clause. However, the cesser clause wasn't incorporated as it wasn't considered germane to the carriage of goods but an ancillary term.

True, that B/L serves little function as between owner and charterer (the main contractual document being C/P and not B/L), but since the charterer had relied on B/L to take delivery of the cargo, it was understood that charterers had either varied the original terms of the C/P by doing this or waived the protection of the cesser clause. Either way they were liable for GA.

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