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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:
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Period
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US$ per day/ per 20’ container
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US$ per day/ per 40’ container
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1st week
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8.50
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17
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2nd week
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13.50
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27
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3rd week
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17.50
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35
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4th week and thereafter
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48
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96
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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:
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Please furnish the Indemnity Bond on 100 Rupee stamp paper
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Transit risk insurance policy for container from dock to your premises and back
to storage area nominated by us.
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Surveyors’ report as to condition of container after return to our Empty Yard.
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