Saturday, January 9, 2016

LOI DRAFT FOR PRE DATED BL


















To: The owners as well as The Master of M/V ……….


Dear Sirs,

Date:

Re: M.V. "......."

Voyage:

C/P Dated:
B/L No's:
Goods: (insert exact quantity) MT
Description: (insert description as it appears on the bills of lading)

WHEREAS

The vessel is chartered to …………., by a C/P dated (Insert the date of the C/P)

AND WHEREAS

The above goods were loaded on board the M.V. ".........." at Port of .........

AND WHEREAS

For our own commercial purposes, we need and hereby request you, at our entire
risk and responsibility to issue the relevant bills of lading for the subject
cargo dated .......... regardless of the date of completion loading.

Now, in consideration of your complying with our aforementioned request we
hereby irrevocably agree as follows:


1- To indemnify you your servants and agents and hold all of you harmless in
respect of any liability loss or damage of whatsoever nature whether direct or
indirect which you may sustain by reason of issuing the bills in accordance
with our request and to hold you harmless in respect of any and all claims
which may be brought against you your servants or agents under or which arise
out of compliance with our request as aforesaid.

2- In the event of any proceedings being commenced against you or any of your
servants or agents in connection with and/or as a consequence of the issuance
of the bills of lading in accordance with our above request, we undertake to
provide you and/or them on demand with sufficient funds to defend the same.


3- If the vessel or any other vessel asset or property belonging to you or in
the same associated or beneficial ownership or management should be arrested or
detained or if the arrest or detention thereof should be threatened we
undertake to provide such bail or other security as may be required to prevent
such arrest or detention or to secure the release of such vessel asset or
property and to indemnify you in respect of any loss damage or expenses caused
by such arrest or detention whether direct or indirect whether or not the same
may be justified.

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 each
and every person liable under this indemnity shall at your request submit to
the exclusive jurisdiction of the High Court of Justice in England

6- This indemnity shall also be construed under English law and each and every
person liable under this indemnity shall at your request submit to the High
Court of Justice in England.



Yours faithfully,


For and on behalf of (CHRTRS)

Clean On-Board L.O.I. wording











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)