F Y G, find below "STANDARD FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR A CLEAN BILL OF LADING"
--------------------------------------------
DATE
:
TO
: THE SHIPOWNERS/DISPONENT OWNERS/MASTER/AGENTS OF M/V "…………….."
SHIP NAME
: M/V " …………….. "
VOYAGE
C/P DATE
:
CARGO
:
B/L NO.
SHIPPER
:
CONSIGNEE
:
NOTIFY ADDRESS :
DEAR SIRS,
RE:
LETTER OF IDEMNITY UNDER M/V "……" C/P DD FOR ISSUING CLEAN BILLS OF LADING
THE ABOVE VESSEL
WHICH UNDER CHARTER TO US BY VIRTUE OF THE ABOVE MENTIONED
CHARTER PARTY,
HAS LOADED A CARGO OF ABOVE MENTIONED AT THE PORT OF ……………
FOR DELIVERY TO ………….
NOTWITHSTANDING THAT VESSEL'S MASTER AND/OR OWNERS' P+I SURVEYOR HAS REMARKED
ON MATE RECEIPT THAT:
1.
2.
3.
4.
5.
WE REQUEST YOU
TO ISSUE CLEAN BILLS OF LADING.
IN CONSIDERATION
OF YOUR COMPLYING WITH OUR ABOVE REQUEST WE, ........ HEREBY
AGREE AS
FOLLOWS:
1) TO IDEMNIFY
YOU AND HOLD YOU HARMLESS IN RESPECT OF ANY LIABILITY, LOSS OR
DAMAGE, CLAIMS,
EXPENSES OR WHATSOEVER NATURE, AND TO PAY YOU ON DEMAND THE
AMOUNT OF ANY
LOSS OR DAMAGE, EXPENSES OF WHATSOEVER NATURE WHICH YOU AND/OR THE MASTER
AND/OR THE AGENT OF THE VESSEL AND/OR ANY OTHER OF YOUR SERVANTS OR AGENTS
WHATSOEVER MAY INCUR AS A RESULT OF YOUR ISSUING CLEAN BILL(S) OF LADING IN
ACCORDANCE WITH OUR SAID REQUEST.
2) IN THE EVENT
OF ANY PROCEEDINGS BEING COMMEND AGAINST YOU OR ANY OF YOUR
SERVANTS OR
AGENTS IN CONNECTION WITH THE DELIVERY OF THE CARGO AS AFORESAID TO PROVIDE YOU
OR THEM FROM TIME TO TIME ON DEMAND WITH SUFFICIENT FUNDS TO DEFEND THE SAME.
3) IF 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 EXPENSES CAUSED BY SUCH
ARREST OR DETENTION.
4) 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 PARTY TO OR LIABLE UNDER THIS INDEMNITY.
5) THIS
INDEMNITY SHALL BE CONSTRUED IN ACCORDANCE WITH ENGLISH LAW AND EVERY
PERSON LIABLE
UNDER THIS INDEMNITY SHALL AS YOUR REQUEST SUBMIT TO THE
JURISDICTION OF
THE HIGH COURT OF JUSTICE OF ENGLAND .
YOURS FAITHFULLY
(STAMP &
SIGNATURE)
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