DEAR SIRS,

 

WE HEREBY SUBMIT THAT IN ORDER TO NEGOTIATE OUR BILLS OF LADING THROUGH THE BANK AND TO AVOID THE TIME AND DELAY TO AMEND THE L/C WE REQUEST YOU TO KINDLY ISSUE BILLS OF LADING MARKED ('CLEAN ON BOARD'/PRE-DATED ETC)

WE HEREBY CONFIRM THAT RECEIVERS ARE AWARE OF THE ABOVE REQUEST. MERCHANTS CONFIRM THEY ARE AWARE THAT BY REQUESTING ISSUANCE OF BILLS OF LADING MARKED (CLEAN ON BOARD/PRE-DATED) WHICH ARE NOT IN CONFORMITY WITH MATES RECEIPTS THAT THE OWNERS BY ACCEDING TO THEIR REQUEST MAY LOSE THEIR INSURANCE COVERAGE AND MAY LOSE SOME OF THEIR RIGHTS AND IMMUNITIES UNDER THE CARRIAGE OF GOODS BY SEA ACT.

 

IN CONSIDERATION OF YOUR COMPLYING WITH OUR ABOVE REQUEST WE HEREBY 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  BILLS OF LADING IN ACCORDANCE WITH OUR REQUEST.

  2. IN THE EVENT OF ANY PROCEEDINGS BEING COMMENCED AGAINST YOU OR ANY OF OUR SERVANTS OR AGENTS IN CONNECTION WITH THE ABOVE, TO PROVIDE YOU OR THEM FROM TIME TO TIME 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 SAME BENEFICIAL OWNERSHIP, MANAGEMENT OR CONTROL SHOULD BE ARRESTED OR DETAINED OR IF THE ARREST OR DETENTION THEREOF SHOULD BE THREATENED, TO PROVIDE SUCH A 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 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 YOU 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 JURISDICTION OF THE HIGH COURT OF JUSTICE OF ENGLAND.

   

YOURS FAITHFULLY,

 

 

FOR AND ON BEHALF OF (MERCHANT)

 

 

AUTHORIZED SIGNATURE

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