a) “Bill of Lading” as used herein includes conventional bills of lading, as well as electronic, express and laser bills of lading, sea waybills and all like documents, howsoever generated, covering the Carriage of Goods hereunder, whether or not issued to the Merchant.
b) “Carriage” means the whole of the operations and services undertaken or performed by or on behalf of theCarrier with respect to the Goods.
c) “Carrier” means the Company named on the face side hereof and on whose behalf this Bill of Lading was issued, whether acting as carrier or bailee.
d) “Charges” means freight, deadfreight, demurrage and all expenses and money obligations incurred and payable by the Merchant.
e) “Container” means any container (closed or open top), van, trailer, flatbed,transportable tank, railroad car, vehicle, flat, flatrack, pallet, skid, platform, cradle, sling-load or any other article of transport.
f) “Goods” means the cargo received from the shipper and described on the face side hereof and any Container not supplied by or on behalf of the Carrier.
g) “Merchant” means the shipper, consignee, receiver, holder of this Bill of Lading, owner of the cargo or personentitled to the possession of the cargo and the servants and agents of any of these, all of whom shall be jointly and severally liable to the Carrier for the payment of all Charges, and for the performance of the obligations of any of them under this Bill of Lading.
h) “On Board” or similar words endorsed on this Bill of Lading mean that in a Port to Port movement, the Goods have been loaded onboard the Vessel or are in the custody of the actual ocean carrier; and in the event of Intermodal transportation, if the originating carrier is an inland or coastal carrier, means that the Goods have been loaded on board rail cars or another mode of transport at the Place of Receipt or are in the custody of a Participating carrier and en route to the Port of Loading named on the reverse side.
i)“Participating carrier” means any other carrier by water, land or air, performing any part of the Carriage, including inland carriers, whether acting as sub-carrier, connecting carrier, substitute carrier or bailee.
j) “Person” means an individual, a partnership, a body corporate or any other entity of whatsoever nature.
k) “Vessel” means the ocean vessel named on the face side hereof, and anysubstitute vessel, feedership, barge, or other means of conveyance by water used in whole or in part by the Carrier to fulfill this contract.
The Goods carried hereunder are subject to all terms and conditions of the Carrier’s applicable tariff(s), which are hereby incorporated herein. Copies of the relevant provisions of the applicable tariff(s) are obtainable from theCarrier upon request. In the event of any conflict between the terms and conditions of such tariff(s) and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.
The Merchant warrants that in agreeing to the Terms and Conditions hereof, it is, or is the agent and has the authority of, the owner or person entitled to the possession of the Goodsor any person who has a present or future interest in the Goods. When the Merchant instructs or as a matter of course permits the Carrier or its agents to prepare and release one or more original Bills of Lading to the consignee, the Merchant understands and agrees that such instruction or course of dealing, once provided or allowed, is irrevocable by the Merchant regarding this shipment, andthe Carrier is without any responsibility or liability upon delivery of the cargo pursuant to said instruction or course of dealing and any and all revocations by the Merchant to be completely null and void.
a) Except where the Carriage covered by this Bill of Lading is to or from a port or locality where there is in force a compulsorily applicable ordinance or statute...