“MA‐Contract” refers to the agreement entered into between Customer and MA, with respect to the Services, which comprises of:
- the particulars and terms set out in a Domestic Shipping Instruction and these Terms and Conditions (collectively, the “DSS‐SI”); and
- any Rider. “Domestic Shipping Instruction” refers to a pre‐printed Malca‐Amit form completed and signed by Customer for each Shipment and accepted by MA. “Rider” refers to a signed rider to the DSS‐SI which may (i) vary the terms of the MA‐Contract, including MA’s Period of Responsibility; (ii) MA’s liability; or (iii) set out the terms and conditions for any special service(s). The MA‐Contract constitutes the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous oral offers, negotiations, promises, exceptions, understandings, agreements and contracts (for the avoidance of doubt, any terms and conditions included in any shipping documents issued by an agent or subcontractor of MA, or by Customer, shall not apply); provided however that in the event of a conflict between (a) a Rider; (b) a separate agreement between Customer and MA; and (c) the DSS‐SI, the aforementioned documents will take precedence in descending order, with (a) taking priority. Any modification of the MA‐Contract cannot be made orally and must be agreed in writing. Definitions used in the Domestic Shipping Instruction shall have the same meaning in these Terms and Conditions.