L.O.I. for Non-Presentation of Bill of Lading

 

 

LETTER  OF  INDEMNITY

 

(FOR CARGO DELIVERY WITHOUT ORIGNAL BS/L)

 

 

 

TO: 

 

         THE OWNERS OF THE MV .............................................

 

 

 

DATE.............

 

 

 

DEAR SIRS,

 

 

 

SHIP:

 

 

 

LOADING PORT :

 

DISCHARGING PORT :

 

 

 

CARGO:

 

 

 

BILL OF LADING:

 

                                

 

 

 

The above goods was shipped on the above vessel by …..  and consigned to….. for delivery at the port of ………, but the bill of lading has not arrived and we, ………, hereby request you to give delivery the said cargo to ……… without production of the original bills of lading.

 

 

 

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, damage or expenses 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 ship, or any other  ship or property in the same or associated ownership, management or control,, should be arrested or detained or should the arrest or detention thereof should be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), 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 or to remove such interference and to indemnify you  in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention  or such interference may be justified..

 

 

 

4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.

 

 

 

5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, whenever our liability hereunder shall cease.

 

 

 

6. 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.

 

 

 

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.          

 

 

 

YOUR FAITHFULLY                                              YOUR FAITHFULLY

Charterers                                            Receivers

(insert name of requestor)                                              (insert name of requestor)

 

 

 

                                                                       

 

------------------------------------                                               ------------------------------------

(insert name /title)                                                            (insert name /title)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

 

L.O.I. for Change of destination

 

TO: To the Owners, Disponent Owners, Managers, Timecharterers, Agents and Master of 

 

        THE M/V "(insert name of ship)"

 

 

                                                                                                                     (insert date)      

 

                                                                                                                    --------------------------------

 

 

       DEAR SIRS,                                                            

 

                                                                     

 

       SHIP :  M/V “(insert name of ship)”                                              

 

 

 

       VOYAGE                   : (insert load/discharge port as stated in Bills of Lading)                        

 

       CARGO                      : (insert description/marks of cargo and cargo quantity)                   

 

       BILL(S) OF LADING: (insert identification number, date, 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 to whose order the Bill of

 

       Lading is made out, as appropriate) FOR DELIVERY AT THE PORT OF (insert name of

 

       discharge port stated in Bill of Lading)  BUT WE (insert name of party requesting substituted

 

       delivery), HEREBY REQUEST YOU TO ORDER THE VESSEL TO PROCEED TO AND

 

       GIVE DELIVERY OF THE SAID  CARGO AT THE PORT OF (insert name of  substitute

 

       port) TO (insert name of party to whom delivery is to be made) WITHOUT PRODUCTION OF

 

       THE ORIGINAL BILL(S) OF LADING.

  

 

       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, DAMAGE OR EXPENSES OF

 

    WHATSOEVER NATURE WHICH YOU MAY SUSTAIN BY REASON OF THE VESSEL

 

    PROCEEDING AND GIVING DELIVERY OF 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 VESSEL PROCEEDING

 

   AND GIVING 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 VESSEL PROCEEDING AND GIVING DELIVERY OF

 

    THE CARGO AS AFORESAID, THE SHIP OR ANY OTHER SHIP OR PROPERTY

 

    BELONGING TO YOU SHOULD BE ARRESTED OR DETAINED OF 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. AS SOON AS ALL BILLS OF LADING FOR THE ABOVE CARGO SHALL HAVE COME

 

    INTO OUR POSSESSION TO DELIVERY THE SAME TO YOU.                                                                                

 

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 PARTY TO OR LIABLE UNDER THIS INDEMNITY.                        

 

 

6. THIS INDEMNITY SHALL BE CONSTRUED IN ACCORDANCE WITH THE 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.    

                                                                       

                                                                         

 

YOUR FAITHFULLY

 

FOR AND ON BEHALF OF

 

(insert name of requestor) 

 

 

 

                                                                      

                                                                      

 

                                                        ------------------------------------                           

 

(insert name /title)