MEARSK INDIA PVT.LTD

NEW DLEHI- INDIA

Vessel/Voyage___________________________________________________________GM No.________________________________________________________________

BL no. _________________________________________________________________

Item No.________________________________________________________________

Container No.____________________________________________________________

We confirm that we are the consignees and the owners of the cargo stuffed into the subject container/s and which have arrived per M.V. ______________under your agency. Inconsideration of your permitting us to move the subject container is to our factory premises at _________________________we hereby give our irrevocable undertaking to you as under:

1. We hereby agree and undertake to bring to your notice in writing the damage, if any, to the container/s prior to our taking delivery of the same from the PORT/CFS for moving, at our costs, to our aforesaid premises for de-stuffing. In the absence of any written notice of any damage to the container/s, the container/s shall be deemed to have been delivered to us in good order and sound condition.

2. We hereby agree sna undertake to return the aforesaid container/s in good order and should condition at the site nominated by you.

3. We hereby agree and undertake to pay you on demand the amount in respect of any loss/damage sustained by container/s . In this connection, your surveyor’s report certifying the loss/ damage as well as the amount of loss determined by them shall be final and binding on us , even though we may not be present during the survey.

4. We hereby; agree and undertake to de-stuff the aforesaid container/s immediately and return them expeditiously to you, at our cost, at the nominated site.

5. We hereby agree and undertake not to withhold your aforesaid container/s beyond reasonable period of time and in any event not more then 15 days from the date of only taking delivery of the same for the purpose of de-stuffing at our aforesaid premises.

6. We hereby agree and confirm that we are liable to pay you on demand not only for the loss or damage sustained by the container/s but also for Customs Penalties if applied and the container detention charges on expiry of the free days beginning from 8.00 a.m. the day following the date on which the containers have landed I ___________________Port, at the current container detention charges as under:

For Dry containers

USD 8.50 per calendar day or part thereof per TEU for the first 7 days

USD 13.50 per calendar day or part thereof per TEU for the first 7 days

USD 17.50 per calendar day or part thereof per TEU for the first 7 days

USD 48.00 per calendar day or part thereof per TEU thereafter

For Reefer Containers, 1 free day, thereafter

20’                                           40’

For the firs 7 days                           USD 30.00                              USD 45.00

For the firs 7 days                         USD 40.00                              USD 60.00

Thereafter                                       USD 50.00                              USD 75.00

We hereby confirm that the current rate of exchange will be applicable for converting he amount in Indian Currency.

We also hereby agree and confirm to pay other related costs/ expenses including customs fines / penalties if any.

7. We hereby agree and undertake to deposit such amount and or furnish desired security for such amount that you may calculate t be payable by us either for value of the container/s and  / or towards the container detention charges.
8. We hereby agree and undertake to indemnify you  against all third party claim, costs, charges, expenses and / or liability whatsoever in the event of any loss or damage caused to the property of any person and / or in the event of any injury; and / or death caused to any person arising out of the use, operation or possession of your aforesaid containers by us and / or servants and / or by our employees and  /  or by any person/s and or servants  upon our having taken delivery of the container/s from the Port / CFS until expiry of 24 hours form  the time returned to you at the site from where it was taken delivery of or at the site nominated by you.

9. We hereby agree and undertake to give you a written intimation of the return of the containers as soon as possible, in any event not later then 12 hours after returning the above container /s at the site from where they were taken delivery or at the site nominated by you.
10. We hereby agree and undertake to furnish you the documents bearing the endorsement of the customs authorities showing the date on which the container/s were returned by us to the Port/ CFS and / or the site nominated by you, within 1 week form the date of return of the container/s at the above referred places.

Thanking You,

Very truly yours,