MERCHANTS RESPONSIBILITY. Xxxxxxxx is responsible for: (i) the results of using xXxxxx.Xxx Transactions and the corresponding ACH transactions; and (ii) for the accuracy and adequacy of the data Merchant or Xxxxxxxxx.Xxx provides to FNBO. FNBO is not responsible to third parties (such as, but not limited to, Merchant’s customers) for Merchant’s use of xXxxxx.Xxx Transactions and the corresponding ACH transactions. If a third party claim is made against FNBO arising out of xXxxxx.Xxx Transactions or the corresponding ACH transactions, Xxxxxxxx’s breach of these ACH terms, or breach of any warranty under the Rules (as referenced in Section 4), Xxxxxxxx agrees to defend, indemnify and hold FNBO harmless against such claim. The foregoing obligation of Merchant shall be primary and independent of, and FNBO shall have no obligation to assert or pursue, any indemnification or other rights it may have pursuant to its agreement with Xxxxxxxxx.Xxx.
MERCHANTS RESPONSIBILITY. Merchants and their agents shall be jointly and severally liable to carrier for any loss or damage to containers or Goods while in their possession or the possession of their agents. The Carrier shall not in any event be liable for any loss, delay, damage or injury to the Goods, or to other property or to any persons arising out of the use or handling of Carrier's containers by Merchant or their agent. Merchant shall defend, indemnify and hold the Carrier harmless from and against any and all claims, loss, damage or fines on a container or the Goods before delivery to the Carrier at the port of loading or between containers to the Carrier. If the goods are delivered in a container, the Merchant undertakes to return the container promptly to the Carrier in the same condition as when received from the Carrier. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful goods and contain
MERCHANTS RESPONSIBILITY. (a) Each Merchant shall be jointly and severally responsible for any failure to perform any Merchant's obligations under any of the terms of this Bill of Lading; and each shall indemnify, defend and hold harmless the Carrier against all liability, loss, damages and expense, including attorneys fees and other legal fees, which the Carrier may sustain or incur arising or resulting from any such failure of performance by the Merchant or any of them. The responsibility of each Merchant shall not be diminished by the existence of any lien claim on the Goods.
(b) No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, temperature, marks, numbers or value of the Goods and the Merchant shall be solely liable for such description or particulars, for which the Carrier shall not be liable.
(c) If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the front hereof, such particulars are shown at the sole risk of the Merchant and for his convenience. The Merchant agrees that such particulars shall not be regarded as a declaration of value and shall in no circumstances whatsoever increase the Carrier's liability under this Bill of Lading to an amount greater than it would have been had such particulars not been shown on the front hereof, and the Merchant agrees to indemnify the Carrier for any increased legal liability imposed under any law in any jurisdiction as a result of such particulars having been shown on the front hereof, including legal expenses and costs.
(d) Any reference on the face of the Bill of Lading to any particulars of the Goods is furnished by the Merchant, and the Carrier shall not be responsible for the accuracy thereof. The Merchant warrants to the Carrier that the particulars furnished by him are correct.
(e) Each Merchant warrants that equipment, whether owned or leased by the Carrier, would be returned to the Carrier within a reasonable time stipulated in the applicable tariff and further promises and agrees to pay equipment detention charges stipulated in the applicable tariff including the costs and expenses of recovering the same in case of failure to do so.
MERCHANTS RESPONSIBILITY. The merchant must provide accurate documentation and comply with all regulatory requirements. The merchant is also responsible for all expenses related to the shipment, including freight, storage, and demurrage.
MERCHANTS RESPONSIBILITY a) All of the persons coming within the definition of Merchant under clause 1 shall be jointly and severally liable to the Carrier for the due fulfilment of all obligations undertaken by the Merchant in this bill of lading, and shall remain so liable throughout the carriage notwithstanding their having transferred this bill of lading and/or title to the Goods to any third party. Such liability shall include but not be limited to court costs, expenses and attorney fees incurred in collecting charges and sums due to the Carrier.
b) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the shipper on receipt of this bill of lading and that such particulars furnished by or on behalf of the Merchant are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and contain no contraband.
MERCHANTS RESPONSIBILITY. 9.1 Merchants shall ensure that it receives approval of a transaction before releasing goods to a user and shall provide a written request for any refund due to a user.
9.2 Merchants irrevocably authorises and instructs My-marketing™ and the Payment Manager daily to pay the transaction directly to the Merchant Customer and/or Merchant Account from the Daily Merchants Collections.
9.3 Merchants undertakes to cooperate (including but not limited to the provision of information and documentary evidence or records) with My-marketing™ and/or the payment services provider in any investigation into fraudulent transactions related to Merchants or its offering
MERCHANTS RESPONSIBILITY. 13.1 The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, number, quantity and weight, as furnished by him, and the Merchant shall defend, indemnify and hold harmless the Carrier against all loss, damage, expenses and fines arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Xxxx of Lading to any person other than the Merchant. The Merchant shall remain liable even if the Xxxx of Lading has been transferred by him.
13.2 The Merchant shall comply with all regulations or requirements of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without prejudice to the generality of the foregoing Freight for any additional Carriage undertaken) incurred or suffered by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient declaration, marking, numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof.
MERCHANTS RESPONSIBILITY. A. Merchants and their agents shall be jointly and severally liable to carrier for any loss or damage to containers or Goods while in their possession or the possession of their agents. The Carrier shall not in any event be liable for any loss, delay, damage or injury to the Goods, or to other property or to any persons arising out of the use or handling of Carrier's containers by Merchant or their agent.
B. If the Container is not supplied by or on behalf of the Carrier, the Merchant further warrants that the Container meets all ISO and/or other international safety standards and is fit in all respects for Carriage by the Carrier.
C. Merchant warrants that: (i) it is either the owner of the Goods or the authorized agent of the owner of the Goods described on the face hereof and further warrants that it is authorized to accept and is accepting these conditions not only for himself but also as agent for and on behalf of the owner of the goods and all other persons who are or may hereafter become interested in the Goods; (ii) the description and particulars of any Goods furnished by or on behalf of the Merchant are complete, timely and accurate, and do not contain any irregularities;
MERCHANTS RESPONSIBILITY. (A) Each Merchant shall be responsible for any failure to perform any Merchant's obligations under any of the terms of this Bill of Lading; and each shall indemnify the Carrier against all liability, loss, damages and expense which the Carrier may sustain or incur arising or resulting from any such failure of performance by the Merchant or any of them. The responsibility of each Merchant shall not be diminished by the existence of any lien claim on the Goods.
(B) Any reference on the face of the Bill of Lading to any particulars of the Goods is furnished by the Merchant, and the Carrier shall not be responsible for the accuracy thereof. The Merchant warrants to the Carrier that the particulars furnished by him are correct.
(C) The Merchant shall inspect the containers when the same are furnished by or on behalf of the Carrier, and they shall be deemed to have been accepted by the Merchant as being in sound and suitable condition for the purpose of the transport contracted herein, unless he gives notice to the contrary in writing to the Carrier.
(D) The Merchant warrants to the Carrier that the marks on the Goods, package and container correspond to the marks shown on this Bill of Lading and also in all respects comply with all laws and regulations in force at the port of discharge or place of delivery, and shall indemnify the Carrier against all loss, damage, expenses, penalties and fines arising or resulting from incorrectness or incompleteness thereof.
(E) Each Merchant warrants that equipment, whether owned or leased by the Carrier, would be returned to the Carrier within a reasonable time stipulated in the applicable tariff and further promises and agrees to pay equipment detention charges stipulated in the applicable tariff including the costs and expenses of recovering the same in case of failure to do so.
MERCHANTS RESPONSIBILITY. The Merchant shall:
