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LETTER OF INDEMNITY TO BE GIVEN BY CHARTERS, AND SHIPPERS FOR CLEAN ON BOARD BL
To: SINORICHES ENTERPRISES CO LTD Date:
THE DISPONENT OWR OF [insert the vsl name]
Dear Sirs,
Ship: [insert name of ship]
Voyage: [insert load port and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo]
Bill(s) of Lading: [insert identification numbers, date and place of issue]
The above goods will be shipped on the above vessel by [INSERT name of the shppier] and consigned to [insert name of consignee or party to whose order the bill of lading is made out, as appropiate]for delivery at the port of [insert name of discharge port stated in the bill of lading]. But due to l/c requirement, we [INSERT NAME OF THE REQUESTOR], hereby request you to issue us “Clean on Board”bills of lading without the following remarks/ clausings noted on the relevant Mate’s Receipts:
M/R: [INSERT SHIPPING ORDER NUMBER]
REMARK: [INSERT REMARKS]
In consideration of your complying with our above request, we hereby agree as follows:
1. To indemnify you, your servants and agents and to hold all of you harmless in respect
of any liability, loss or damage whatsoever nature whether direct or indirect which you may sustain by reason of the issuance of such bills of lading as aforesaid 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 arising out of, or in connection with, the issuance of bills of lading or any part thereof as aforesaid.
2. In the event of any proceedings being commenced against you or any of your servants or
agents in connection with the issurance of releasing the requested Bills of Lading as aforesaid to provide you or them on demand with sufficient funds to defend the same.
3. If, in connection with the issurance of releasing of back dated bills of lading as
aforesaid ,the ship or any other ship or property belonging to your 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 ship or property and to indemnify you in respect of any liability, loss, damage or expenses 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. 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. The liability of each and every person under this indemnity shall in no circumstances
exceed 200% of the CIF value of the above cargo.
6. This indemnity shall be governed by and construed in addordance with Chinese 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 Dalian, CHINA .
Yours faithfull,
For and on behalf of
Charterers [insert name and address ]
Phone :
Person in charge :
-------------------------
Signature
Banker : [insert name and address ]
Phone :
Person in charge :
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Signature