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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 –
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