(To be drafted on a
non-judicial stamp paper of Rs. 100 & signatures of the signatory to
be attested by bank)
INDEMNITY
BOND
(For
factory/house destuffing)
To
MSC AGENCY (
INDIA
) PVT
LTD
FLAT NO 4B,
LOTUS
TOWERS
, COMMUNITY
CENTRE,
NEW FRIENDS
COLONY,
NEW
DELHI-65
Vessel / Voy
NO.
Bill of Lading
No.
Container
Nos.
Whereas for the
purpose of destuffing the cargo we the
importer/consignee
M/s…………………………………….. Wish to remove the above
mentioned
Container/s from
Inland container Depot/Nominated area/Port premises to our
factory/warehouse at………………………………………..
…………………………….., we
as receivers /Consignees are executing this indemnity bond in favor of MSC
AGENCY (INDIA) PVT LTD to ensure safe return of the
containers.
Now therefore in
consideration of your allowing us to take container out for destuffing at
our site, and also in consideration of your having executed
a
Bond with the
Customs vide Bond No………………………………………………..
we as importers/
consignee or their agents hereby agree and undertake ourselves and
our successors and assignees, to indemnify you against all claims, losses, demands and costs of any nature that may be
made by you,
in any capacity
whatsoever. We hereby agree
and confirm to abide by the
following terms
and conditions:
- We, the importer/consignee and/or clearing agent
/ contractors / transporters and/or their employees or servants shall take all
responsibilities and care to ensure that the container/s are kept safe,
in sound and usable condition by all whose acts of omission and
commission, the importer/consignee and his agent / contractor /
transporter, above named are solely
liable.
- We the importer/consignee and/or clearing agent
/ contractors / transporters and/or their employees or servants
undertake to indemnify the carrier and/or their agents above named
against all damages / loses / liability/ third party liability cost or
expenditure suffered or incurred by the movement of container while in
possession of the importer, including injury or death of person or loss
or damage to property or other
person in the process of such movement and destuffing
operation.
- We shall return the container in good/sound
condition. For this purpose survey conducted by your authorized surveyor
and their reports and findings and their fees thereof shall be binding
on us. For any kind of damages caused to the containers while in our
possession due to any willful act, negligence by us/our appointed agency
or by any third party, other than natural wear and tear, the Repair Cost
estimate or the Debit given by you in case of total loss, will be
accepted as final and binding on us and paid and reimbursed by us
instantly.
- The importer/consignee and/or clearing agent /
contractors / transporters and/or their employees or servants indemnify the carrier or the
agent for any claim by you/Shipping Line and/or Customs to the extent
of
Rs 275,000 (Rupees Two Lakh Seventy five thousand only) per Twenty
feet container and Rs
5,00,000 (Rupees five lakh only per Forty
feet
Container.
- The importer shall be liable for container
detention after the five free days from the day the laden import
container arrived at the Inland Container Depot/Nominated area/ Port
premises till the day the
empty container/s returned back to Inland container deport/nominated area/empty storage
yard after factory destuffing, as per the below
tariff.
Normal DRY VAN Containers.
- USD
8.50/20’ & USD 17.00/40’ PER DAY FOR FIRST SEVEN DAYS.
- USD
13.50/20’ & USD 27.00/40’ PER DAY FOR NEXT SEVEN
DAYS.
- USD
17.50/20’ & USD 35.00/40’ PER DAY FOR NEXT SEVEN
DAYS.
- USD
48.00/20’ & USD 96.00/40’ PER DAY FOR
THEREAFTER
- SEPCIAL
EQUIPMENT DEMURRAGE AS PER LINE TARIFF.
- The Importer/Consignee agrees to return the
container in good order and condition at the storage yard designated by
MSC AGENCY (INDIA) PVT LTD within a period of five days. The importer is
liable to pay detention as per abovementioned slab and in case of any
delay, then till the date the container/s are
returned to inland container depot/nominated area/empty storage
yard.
- For any charges becoming due to you on account
of damage to containers, loss, third party liability or detention on
container, we authorize you to debit our account and adjust against any
security amount or any other amount lying with you in any other capacity
or impose lien over any cargo or material in your possession belonging
to us till such time the amount due to you is realized
completely.
8. The importer/Consignee
undertake to produce the Original Triplicate copy
of the Bill of Entry duly endorsed by the Gate office at the Inland
Depot/
Nominated area/Empty storage yard. Within 7 days from the date of
return
Of the container/s along with survey
reports.
9. The
importer/consignee hereby confirm that the import cargo does not
Contain any
contraband and articles in terms of Indian Customs
Regulations
and that the shippers have not tampered with the cargo
for
the purpose
of concealment of any contraband cargo and would
be
responsible
for all costs and consequences for the same.
10. To the extent of
the Undertaking and declarations herein and to the extent of the loss
and/or damage caused arising out of breach thereof or any consequential or
indirect losses/damages caused in respect or furtherance thereof and to
the extent of any claims, litigations, damages, expenses and costs as
suffered or may be suffered by the carrier/agents by way of non compliance
of any of the undertakings covenants herein or generally any other
acts/care/cautions as should have been done and have not been done or
cautions as should we been observed and has not been observed or arising
out of any of our act or failure to act as a prudent person would do we,
subject to the monetary limitation herein agree to indemnify and keep the
carrier/agent indemnified.
11. Disputes, if any,
will be subject to jurisdiction of courts having territorial jurisdiction
over your principal working office.
Executor/Executants
(Name of person signing with
designation
Name of firm,
address)
DATED: _____________________
PLACE: _____________________
________________________
(Signature attestation
by bank)
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