STANDARD CONTAINERON CONSIGNEE LETTERHEAD
Indemnity letter for Loaded container transportation in favor of M/s.CSAV Group Agencies (India) Pvt. Ltd., as agents for Norasia Container Lines Ltd (NCLL) / Compania Sud Americana de Vapores (CSAV)
(For factory / house destuffing)
To,
M/s CSAV Group Agencies (India) Pvt. Ltd.
Solitaire Corporate Park
Office no 1121,1122, 2nd floor
Bldg no 11, Chakala Andheri (E)
Mumbai 400 093 India
Subject: Vessel/Voy :
IGM no :
B/l no :
Container no :
We, M/s being the consignee/ owners of the imported cargo, which have arrived at ______, by vessel ______under your agency issue the present letter of indemnity to ensure safe return of the containers to your designated premises at within stipulated time as mentioned below.
Whereas we confirm that we are the consignees and the owners of the cargo stuffed into the subject containers and we therefore agree and undertake for ourselves, our successors and assignees to indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss or damage of direct or indirect which you may sustain while containers are in our custody.
In consideration of your permitting us to move the subject containers to our factory premises at ______we hereby give our irrevocable undertaking to you as under:-
1) We hereby agree and undertake to bring to your notice in writing the damage, if any, to the containers prior to our taking delivery of the same from the PORT/CFS for moving at our costs, to our aforesaid premises for destuffing. In the absence of any written notice of any damage to the
containers, the container shall be deemed to have been delivered to us in good order and sound condition.
2) We hereby agree and undertake to return the aforesaid containers in good order and sound condition at the site nominated by you within the stipulated time. We also confirm that the import cargo does not contain any contraband articles listed and included in Indian Customs Act.
3) We undertake to bear all cost(s) including but not limited to cost related to Transportation, Handling charges for the said Containers from the time of Lifting / discharging from container yard or shipside (whatever applicable) till the time of re-delivery of the said container/s to the premises designated by you. We further confirm to currently have and maintain throughout all licenses and permits necessary for the due performance of our obligations hereunder, including but not limited to those necessary to undertake the responsibility of fulfillment of all formalities of Customs, Port
Authorities or any other related authority, prior to such transportation after settlement of all related costs by us.
4) We hereby agree and undertake to pay you the amount in respect of any loss/damage sustained by the containers if same is exceeding Rs.3,000/-. In this connection, your surveyor's report certifying the loss/damage as well as the amount of loss determined by them shall be final and binding on us, even though we may not be present during the survey.
5) We hereby agree and undertake to destuff the aforesaid containers immediately and return them expeditiously to you, at our cost, at the nominated site.
6) We hereby agree and undertake not to withhold your aforesaid containers beyond reasonable period of time and in any event not more than 15 days from the date of only taking delivery of the same for the purpose of de stuffing at our aforesaid premises.
7) We hereby agree and confirm that we are liable to pay you on demand:
A. For the loss or damage exceeding Rs.3,000/- sustained by the containers, while in our custody.
B. The container detention charges on expiry of the free days** beginning from the day
following the date on which the containers have landed in ______Port, at the current container detention charges as under:-
EquipType IdFrom DaysTo DaysCharge Amount INR
DV20612 900
DV2013191400
DV2020262500
DV2027Onwards3700
DV406121900
DV4013192700
DV4020265000
DV4027Onwards 7400
OT / FR 20612 900
OT / FR 2013191400
OT / FR 2020261800
OT / FR 2027Onwards 4800
OT / FR 40612 2000
OT / FR 401319 2900
OT / FR 402026 3600
OT / FR 4027Onwards 9800
RF20473200
RF208144200
RF2015Onwards5300
RF40 4 7 5000
RF40 8 14 6500
RF40 15 Onwards 8000
Above charges are subject to service tax @ 12.36%
C. other related costs/expenses including Customs Fines/Penalties if any.
D. We also undertake to pay Rs. 91,000 for 20'DV and Rs. 182000 for 40' DV, Rs. 202000 for 40' HC and Rs. 1300000 for Special Container/s which includes the value of Container/s and Custom levy ,in case we fail to return the Container within the requisite time or due to total loss of your container/s. We hereby also undertake and agree that in case any of the container (s) is lost whilst in our custody then we shall immediately inform you along with copy of FIR/police complaint etc. and shall also pay you the cost of each container and the customs duty & any other taxes (as per govt rules) applicable on each container as per this clause as stated herein above.
8) We hereby agree and undertake to deposit such amount and/or furnish desired security for such amount that you may calculate to be payable by us either for value of the container/s and/or towards the container detention charges. We hereby agree that any costs incurred including but not limited to repair costs, if exceeding to Rs.5,000/- and or mis-delivery of container/s to any other sites other than your designated site indicated at the time of pick up , can be deducted or adjusted against our security deposit without prior intimation to us.
9) We hereby agree and undertaken to indemnify you against all third party claims, costs, charges, expenses and/or liability whatsoever in the event of any loss or damage caused to the property of any person and/or in the event of any injury and/or death caused to any person arising
out of the use, operation or possession of your aforesaid containers by us and/or servants and/or by our employees and/or by any person/s and or servants upon our having taken delivery of the
containers from the Port/CFS until the time returned to you at the site from where it was taken delivery of or at the site nominated by you.
10) We hereby agree and undertake to give you a written intimation of the return of the containers as soon as possible, in any event not later than 12 hours after returning the above containers at the site.
11) We hereby agree and undertake to furnish you the documents bearing the endorsement of the customs authorities showing the date on which the containers were returned by us to the Port/C.F.S. and/or the site nominated by you, immediately or maximum within 1 week from the date of return of the container at the above referred places.
In support of our undertaking to pay such above mentioned dues, Cheque no.______dtd______issued from bank ______for Rs.______in favour of M/s ______signed by ourselves / our custom house agent M/s. ______is being handed over to your office, to be presented for collection should we fail to fulfill our obligation as aforesaid.
This Agreement by letter of indemnity shall continue to remain in force till such time we, the consignee fulfill all the terms and conditions as stated hereinabove, complete all formalities in accordance with requirements prescribed by Customs and/or any other Authorities and discharges all the demands made by you.
N.B : To be signed by the consignees under the company's rubber stamp and
showing the full address duly attested by their bank and counter signed by
their clearing agent with their complete address.
** : The applicable tariff will apply after the free time expires.
CLEARING AGENTS Company Name -
Address -
CONSIGNEE SIGNATURE AND
STAMP AND SIGNATURE VERIFIED BY THE
BANKERS
BANKERS STAMP/SEAL AND
SIGNATURE.