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 no contraband. 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. The Merchant shall defend, indemnify and hold harmless the Carrier for any injury, loss or damage, including fines arising from Xxxxxxxx’s failure to declare correctly herein any of the particulars furnished by him, including marks, quantity and description of the goods, weight and cubic measurement of goods and the exact total gross weight of container (container fare weight and cargo weight) and also for any kind of rerouting of the Goods at the Merchant's request or for any other act, fault or neglect of the Merchant, his agent or his servants for which the Carrier may become liable. If the container is discharged from the vessel with seals intact, the Carrier shall not be liable for any loss or damage to contents of container unless it be proven that such loss or damage was caused by the Carrier’s negligence. Merchant shall defend, indemnify and hold harmless the Carrier against any loss or damage to the vessel or cargo or to any persons or property caused by inflammable, explosive or dangerous goods, shipped without full disclosure of their nature, whethe...
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.
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.
MERCHANTS RESPONSIBILITY. The Merchant shall:
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.
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.
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.
MERCHANTS RESPONSIBILITY. 6.1 The Merchant is responsible for establishing the necessary agreements that regulate the Merchant and/or the Merchant's partner are solely responsible for errors and deviations in the quality, nature and execution of the goods and services sold.
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.
