To.
M/s Hapag-Lloyd India Pvt.
Ltd.
307-309,
Rectangle One
3rd Floor,
D-4 District
Centre
Saket
New
Delhi
110 017
Dear
Sirs,
We,
_________________________________, deal with and are involved in imports
of cargo from time to time from various countries, which are shipped into
India
in
containers owned by the Line. We have repeated shipments coming for us through your Principals,
Hapag-Lloyd AG.
Hamburg
(the
Line), covered under the various bills of lading issued by the said Line
from time to time. We confirm
that we are the consignees and the owners of the cargo stuffed in the
container/s under the aforesaid bill/s of lading, as may be specified in
the delivery orders issued to us from time to time; and accordingly fall
within the definition of “Merchants” as defined by the respective bills of
lading.
WHEREAS, we
intend to take the container/s, covered under the relevant bill/s of lading/delivery order/s issued from time to time and of which we would be the
holders in due course, from ICD/CFS (Specify location name) to our
premises (mention the factory address) for de-stuffing. We undertake to bear the entire
cost of transportation and handling charges for the container/s, from the
time of lifting from ICD/CFS terminal till the time of delivery to
the premises designated by you. We shall be responsible for all the formalities in connection
thereto, with the Customs/Port Authorities and all costs thereof, will be
borne by us.
We hereby
undertake to deposit such amounts as specified by you from time to time,
24 hours prior to the time of lifting of the container/s from ICD/CFS
premises, for the return of the container/s, in good order and condition
at the site/premises nominated by you.
We further
undertake to redeliver the containers to you at the premises designated by
you. We also undertake to ensure that utmost care is taken by us for the
safe transit, handling and redelivery of the container/s and will settle
such amount/s as may be assessed by your Surveyors for any damage to the
container/s while in our custody.
On our failure
to return the de-stuffed container/s within the stipulated period and/or
on account of total loss of the container/s, in
addition to the container detention charges we also undertake to pay to you, on demand, a sum of
Rs. 2,30,000/- (Rupees Two Lakhs Thirty Thousand Only) and Rs. 3,87,000/-
(Rupees Three Lakhs Eighty Seven Thousand Only) per 20’ and 40’ containers
respectively, which amounts include the value of the container and
the Customs duty
thereon.
We further
undertake to pay container detention charges as per you Principals,
Hapag-Lloyd AG.
Hamburg
’s
tariff as follows:
First 5 days
free from the general landing date, including Sunday & Holidays and thereafter, container detention
charges as follows:
Period |
US$ per day/ per 20’ container |
US$ per day/ per 40’ container |
1st week |
8.50 |
17 |
2nd week |
13.50 |
27 |
3rd week |
17.50 |
35 |
4th week and thereafter |
48 |
96 |
We hereby
confirm that the relevant current rate of exchange will be applicable for
converting the amount in Indian currency.
We also agree
and confirm to pay other related costs/expenses including Customs
fines/penalties, if any.
We hereby agree
and undertake to indemnify you against all third party claims, costs,
charges, expenses and/or liabilities whatsoever, in the event of any loss
or damage caused to the property of any person arising out of the use,
operation and/or possession of your container/s by us and/or our servants
and/or by our employees and/or by our agents, upon our having taken
delivery of the container/s from ICD/CFS premises.
The empty container/s will be
returned to your nominated site under survey and necessary receipts will
be obtained by us and forwarded to you immediately. We undertake to clear
all outstanding charges prior to submission of the receipts to your Office for cancellation of the
Guarantee.
This Guarantee
/ Bond shall come into force on the date of it’s execution and shall
remain valid and current until due cancellation thereof by you; and shall
be read in conjunction with all the terms and conditions of the respective
bills of lading under which we shall take delivery of our consignment from
time to time during the currency / validity of this Guarantee. We further confirm that this
blanket Guarantee / Bond is being issued to obviate execution of such Bond
/ Guarantee in respect of our individual shipments from time to time
IN WITNESS
WHEREOF, we, _________________, having our Registered / Main Office at
_________________________________________________ and an office at
______________________________________________, have executed these
presents at _______ on this ___ day of ______, 2007.
For
(Seal/Rubber
Stamp of the Company, along with names & particulars of person
executing the document)
Place:
Date:
Consignee
Address:
Signing
Authority:
Telephone
Number:
Notes:
- Please
furnish the Indemnity Bond on 100 Rupee stamp paper
- Transit risk
insurance policy for container from dock to your premises and back to
storage area nominated by us.
- Surveyors’
report as to condition of container after return to our Empty
Yard.
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