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STANDARD FORM LETTER OF INDEMNITY FOR DELIVERING CARGO WITHOUT PRODUCTION OR ORIGINAL BILLS OF LADING
TO ; 〈 insert name of Owners〉
The Owners of the ( insert name of vessel )
Dear sirs
Vessel : (insert name of vessel )
Voyage : (insert load and discharge ports as stated in the bills of lading)
Cargo : (insert description of cargo)
Bills of lading ; (insert identification numbers, date and place of issue )
The above cargo was shipped on the above vessel by (insert name of shipper ) and consigned to (insert name of consignee or party to whose order the bills of lading are made out, as appropriate) fro delivery at the port of (insert name of discharge port stated in the bills of lading ) but the bills of lading have not arrived and we , ( insert name of party requesting delivery ) , hereby request you to deliver the said cargo to (insert name of party to whom delivery is to be made ) without production of original bills of lading .
In consideration of your complying with our above request , we hereby agree as follows:
1. To indemnity you , your servants and agents and to hold all of you harmless in respect of any liability , loss ,damage or expense of whatsoever nature which you may sustain by reason of
delivering the cargo in accordance with our request .
2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid , to provide you or them on demand with sufficient funds to defend the same .
.
3. If , in connection with the delivery of the cargo as aforesaid , the vessel or any other vessel or property belonging to you should be arrested or detained or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability , loss, damage or expense caused by such arrest or detention or threatened arrest or detention , whether or not such arrest or detention or threatened arrest or detention may be justified .
4. As soon as all original bills of lading for the above cargo shall have come into our possession , to deliver the same to you , whereupon our liability hereunder shall cease .
5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person , whether or not such person is prty ot or liable under this indemnity .
6. The liability of each and every person under this indemnity shall in no circumstances exceed 200% of the CIF value of the above cargo .
7. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England .
Yours faithfully
For and on behalf of
(insert name of Requestor)
______________________
Signature
For and on behalf of
(insert name of Bank)
______________________
signature
TO ; 〈 insert name of Owners〉
The Owners of the ( insert name of vessel )
Dear sirs
Vessel : (insert name of vessel )
Voyage : (insert load and discharge ports as stated in the bills of lading)
Cargo : (insert description of cargo)
Bills of lading ; (insert identification numbers, date and place of issue )
The above cargo was shipped on the above vessel by (insert name of shipper ) and consigned to (insert name of consignee or party to whose order the bills of lading are made out, as appropriate) fro delivery at the port of (insert name of discharge port stated in the bills of lading ) but the bills of lading have not arrived and we , ( insert name of party requesting delivery ) , hereby request you to deliver the said cargo to (insert name of party to whom delivery is to be made ) without production of original bills of lading .
In consideration of your complying with our above request , we hereby agree as follows:
1. To indemnity you , your servants and agents and to hold all of you harmless in respect of any liability , loss ,damage or expense of whatsoever nature which you may sustain by reason of
delivering the cargo in accordance with our request .
2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid , to provide you or them on demand with sufficient funds to defend the same .
.
3. If , in connection with the delivery of the cargo as aforesaid , the vessel or any other vessel or property belonging to you should be arrested or detained or if the arrest or detention thereof should be threatened, to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such vessel or property and to indemnify you in respect of any liability , loss, damage or expense caused by such arrest or detention or threatened arrest or detention , whether or not such arrest or detention or threatened arrest or detention may be justified .
4. As soon as all original bills of lading for the above cargo shall have come into our possession , to deliver the same to you , whereupon our liability hereunder shall cease .
5. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person , whether or not such person is prty ot or liable under this indemnity .
6. The liability of each and every person under this indemnity shall in no circumstances exceed 200% of the CIF value of the above cargo .
7. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England .
Yours faithfully
For and on behalf of
(insert name of Requestor)
______________________
Signature
For and on behalf of
(insert name of Bank)
______________________
signature
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