“TO BE TYPED ON Rs.200/- STAMP PAPER - STAMPED, SIGNED AND ATTESTED BY BANKERS”
HANJIN SHIPPING INDIA PVT.LTD.
FLAT NO. 507-508,PLOT NO 8,
Customer Name :
Customer Address :
Bond Period : 1 year, valid for 2011
In Consideration of your permitting us M/s. (please type name of your company) having our office at (please type full style address of your company)the consignees and the owners of the cargo stuffed into the subject containers and which have arrived per your vessel under your agency.
In consideration of your permitting us to move the subject containers to our factory premises at (please type location of your factory / warehouse) 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 DOCK/PORT/CFS/ICD 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 empty containers in good order and sound condition at the site nominated by you.
3) We hereby agree and undertake to pay you on demand the amount in respect of any loss/damage sustained by the containers. 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.
4) We hereby agree and undertake to destuff the aforesaid containers immediately and return them expeditiously to you, in good order and condition, at our cost, at the nominated site.
5) 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 taking delivery of the same for the purpose of destuffing at our aforesaid premises.
6) We hereby agree and confirm that we are liable to pay you on demand not only for the loss or damage sustained by the containers but also for Customs Penalties if applied and 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. The container detention / demurrage charges as applicable as per your Tariff shall be paid by us without any dispute.
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We hereby confirm that the currency rate of exchange will be applicable for converting the amount in Indian currency.
We also hereby agree and confirm to pay other related costs/expenses including Customs Fines/Penalties if any.
7) 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.
8) 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 Dock/Port/CFS/ICD until the time empty container returned to you at the site from where it was taken delivery of or at the site nominated by you.
9)We hereby agree and undertake to indemnify you against containers lost, stolen, damaged or meet with any accident and shall make good any claim / cost of repairs to the containers. We also undertake to reimburse to you cost charges terms duties and expenses which may occur or become payable reasons of and/or arising out of and/or in connection with and/or incident to such removal of the container and cargo & return of the container by us.
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 from where they were taken delivery or at the site nominated by you.
11) Our liability under this agreement shall not exceed to a maximum of Rs. 2,53,000/- per 20’ container and Rs. 4,21,000/- per 40’ container, per occurrence / per event.
12)We hereby agree and undertake that the removal of the container shall be entirely at our risk and expenses and we hereby indemnify and hold you harmless against any claim of whatsoever whether direct or indirectly for removal of the container and cargo and return of the empty container.
13) We hereby agree and undertake to arrange for Customs clearance of the cargo and indemnify you and hold you harmless in respect of any obligations and or penalty in this regard particularly under the customs act, that may be levied upon you or called upon you and/or for which a show cause notice for non-accounting of the said goods in the container against the above imposition issued by the Customs authorities.
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14)We also hereby confirm that all the formalities with the port and customs will be completed by us for taking the containers to our above said premises and also note that all expenses from the time the containers are lifted from the Docks/Port/CFS/ICD till such time it is returned to you will be on our account. The empty containers will be returned to you at the Empty yard within the last date mentioned in the Delivery Order.
15)We also hereby confirm that any Damage Repair liability of more than Rs. 10,000/- (Rupees Ten Thousand Only) across all size and types of containers arising due to above reason will be entirely on our account as per actual without any exemption in such arising monetary liability.
16)We hereby confirm that any monetary liability arises from any missing accessories of special equipments like Open Top, Flat Rack, Platform Containers, etc., and any technical fault happens to reefer when same was in our custody will be entirely on our account at actual without any exemption in such arising monetary liability.
17)We also hereby confirm that if on return of the empty container at the destination yard it is found that the container is damaged and the repair costs over and above Rs.10,000/- then in that event the container will not be offloaded till all the actual Damage Repair charges are paid in full.
18)We also hereby confirm, that the import cargo does not contain any contraband articles in terms of Indian Customs regulation and that the Shippers have not tampered with containers for the purpose of concealment of any contraband cargo. In the event of Customs or any other Government authorities discovering that there has been any violation in this respect, we as consignee of the cargo would be fully responsible for all the containers and undertake to deal with the situation and arrange to return back the empty containers to the empty depot nominated by M/s. Hanjin Shipping Co. Ltd., at the earliest.
This agreement shall be valid for the period of Each Calendar Year Only as mentioned above and / or terminated by any of the parties by giving 15 days notice in writing.
Very truly yours,
N.B : To be signed by the consignees under the company's rubber stamp and showing the full address duly attested by their bank.
** : Incase of additional freetime the applicable tarrif will apply after the free time expires.
CONSIGNEE SIGNATURE ANDBANKERS STAMP/SEAL AND
SIGNATURE VERIFIED BY THE BANKERS SIGNATURE.