To
M/s Emirates Shipping Agencies
(
India
) Private
Limited
Regd. Office
at: Property No. 232 – B, First Floor,
Okhla Industrial Estate,
Phase – III,
New
Delhi
– 110020
Branch Office
at: COMPLETE OFFICE ADDRESS
Sub: Bond for transportation
of loaded container favoring M/s. ………………….as agents for
……………………
Ref: Bill of Lading No.
______________________________ Dated:_____________ Issued at:_____________
No. of Container(s)
________________________ / Type ________________Arrived by Vessel:
______________Voyage: ___________Under IGM No.__________dt.__________ Line
/ Item No.________ Consignee as per Bill of Lading _______________________
________________________________________
Dear
Sir,
This has reference to our
import shipment loaded from ________________ for discharge at
_____________ for delivery at ____________________________________ with
details mentioned in the subject.
- Whereas we intend to
transport the above said containers by rail / road from
_________________ premises to our factory/ godown/warehouse situated at
___________________________________________________________and in this
connection we hereby undertake to comply with the below-mentioned
requirements in order that you may allow for delivery of the above
mentioned container(s).
- We
undertake to bear all cost(s) including but not limited to
Transportation, Handling charges, repair costs, detention/demurrage
charges for the said Containers from the time of Lifting / discharging
from container yard or shipside (as may be applicable) till the time of
re-delivery of the said container/s to your premises at
___________. We further
confirm to currently
have and maintain throughout the duration of this Agreement 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. We undertake to be solely responsible for any and all fines,
penalties, levies imposed by any statutory, state or governmental body
which may be levied on the above mentioned container(s) during their
transportation, or while under our custody.
- We
also undertake to abide by the load restrictions as specified under the
Provisions of the Motor Vehicles Act 1988 and the State regulations from
time to time. We shall be responsible for all the penalties, fines etc.
imposed by the concerned authorities for not adhering to the said
regulations and for the delay, loss etc. resulting there
from.
- We
further undertake to redeliver the container/s to you within ____ days
calculated from the date of lifting the container/s from
______________________,State. Should there be any changes in the
time for redelivery mentioned here above, we undertake to keep you
informed in writing of such change well in advance and also get
collected the Delivery order extension letter on payment of necessary
charges. In any event, we hereby agree and undertake to return the
container at your designated site within a period not exceeding 30 days
from the date of lifting of containers and in our custody.
- That
we are aware of the Customs regulation to re-export this container
within 180 days of landing in
India
and that you have
provided an Indemnity for the same to the Customs. Should we not return
the same on time we will be liable for all cost and
consequences.
- Should
we not return your containers in the time as specified in clause 4
above, we agree to pay the container detention/demurrage charges towards
loss of business opportunities, as per the agreed tariff of your
Principal Shipping Line, as indicated below :
i) We
agree and confirm that the time for making payment of the container
detention/demurrage charges along with all duties and levies shall
commence from 0.00 hrs. of the date on which the containers are unloaded
at the port.
ii) Should we fail to return your
container(s) due to total loss of container(s) resulting from accidental
damage, any lapse under the relevant clauses of this bond which may result
in a condition which equates to a total loss or in the event of a theft
while the containers are in our custody, we undertake to pay you value of
the containers Rs. 2,71,000/- for
20’ DV, Rs. 5,41,000/- for 40’DV and HC, Rs. 5,75,000/- for 20’reefer and
Rs. 12,50,000/- for 40’ Reefer along with the accrued costs as per
line’s tariff until the time a written letter is received by Emirates
confirming the said loss.
iii) Further, if we fail to return
your container(s) for any reason whatsoever within the time specified
under clause (4) above, we undertake to pay via Demand draft, the full
container(s) value along with all the accrued charges including but not
limited to the detention and demurrage charges as per your tariff.
- We
also undertake to arrange survey of the containers by your surveyors
before removal from the Port terminal / nominated site and prior
returning the same to you at our cost and ensure that utmost care will
be taken by us for the said container/s while in our custody till the
time of redelivery of the Container/s. We hereby agree and undertake to
inform you in writing as soon as the container/s is returned by us at
your designated site and in any event not later than 12 hours from the
time of redelivery. Within 72 hours, (excluding Saturday, Sunday and any
other holiday) of the receipt of such written information, we request
you to carry out the survey of the container/s and damages assessed, if
any. The findings of such survey with respect to any cost due for
undertaking the repairs arising out of damages to the container while in
our custody shall be final and binding on us and shall be borne by us.
On receipt of the said survey report, we hereby agree and undertake to
pay you such sums as may have been assessed by your surveyor, no later
than 7 days after such redelivery of container/s. Incase of any dispute,
the same shall be informed to you immediately and no later than 24 hrs
of being informed of the said costs and if necessary a joint survey of
the damages and its assessment shall be done to the satisfaction and
confirmation of both parties.
- We
undertake to place with you a refundable interest free security deposit
of Rs _______________ for 20’DV and Rs ______________ for 40’ DV, Rs
_____________ for 40’ HC and @ Rs _____________ for Special Container/s
prior to pick up of the container/s, which will be refunded upon
redelivery of container/s to your satisfaction, at the designated site
within the time specified in clause 4. We hereby agree that any
costs/charges incurred by you, including but not limited to repair costs
and or mis-delivery of container/s to any other sites other than your
designated site as indicated to us at the time of pick up,
detention/demurrage charges, port storage, custom levy/charges as per
clause 6, cost of container(s) in the even of total loss of container as
per clause 7 can be deducted or adjusted against our security deposit
without prior intimation to us. We agree that the adjustment of security
deposit shall not absolve us from the remaining dues, cost, repair
estimates, detention/demurrage charges etc. and we shall pay the same
within 7 days of demands raised by you.
- We
further undertake to take an insurance cover in your name, equivalent to
full container(s) value without any applicable deductible and submit the
original cover note bearing no. __________of _________ (Insurance
company name) to you or deposit a cheque / DD bearing no. ____________
dated ________ drawn on ________________________________________________
amounting to full container(s) value for all container(s) taken by us
for de-stuffing at our premises located outside state limits of your
office.
- We
also confirm that the cargo imported does not contain any contraband
articles listed and included in The Exim Policy of the Indian government
and it’s applicability as determined by the Indian Government. These
goods are covered under the OGL. We also undertake to clear all the outstanding charges as
mentioned here below prior submission of the receipt {to} your Head
Office for cancellation of the Indemnity.
- We
hereby agree and undertake to indemnify, keep indemnified and hold you,
your employees, servants and agents harmless from and against any and
all costs, expenses, liabilities, fines, penalties, third party claims
etc. arising from or related to the injury or death due to an accident
to any person and / or damage caused to any property arising out of the
use and operation of the container/s while in our (Agents, servants or
representatives included) possession.. Any
and all such costs, expenses,
liabilities, fines, penalties, claims etc. arising from or related
thereto shall be borne solely and exclusively by us.
- In
support of our undertaking to pay such above mentioned dues, Demand
Draft / Cheque no.________ dtd__________ drawn on
____________________________________________ for Rs.___________ in
favour of M/s Emirates Shipping Agencies (India) Private Limited signed
by Mr./Ms. _____________/ Designation”__________ ourselves / our custom house
agent M/s________________________________________________holder of CHA
License No ________is being handed over to your office, to be presented
for collection should we fail to fulfill our obligation under this
bond.
- We
agree and confirm that any disputes or differences arising in connection
with this bond and/or any matter connected therewith shall be subject to
the sole and exclusive jurisdiction of the Courts at Delhi/New Delhi
only.
- We
understand that the permission to transport the container(s) has been
granted to us on the strength of our undertakings to your company as
submitted in this bond.
This
Bond / undertaking for the above mentioned import shipment is executed on
this _____ day of ______, 2008 at ___________(
Place)
Company
Name -
Name & Designation of
authorized signatory __
Address- (Registered office
address/ List of directors)
CHA Name
–
Name
& Designation of authorized signatory –
|
