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(To be drafted on a non-judicial stamp paper of Rs. 100 & signatures of the
signatory to be attested by bank)
INDEMNITY BOND
(For factory/house destuffing)
To
MSC AGENCY (INDIA) PVT LTD
FLAT NO 4B,
LOTUS TOWERS
, COMMUNITY CENTRE,
NEW FRIENDS COLONY,
NEW DELHI-65
Vessel / Voy NO.
Bill of Lading No.
Container Nos.
Whereas for the purpose
of destuffing the cargo we the importer/consignee
M/s…………………………………….. Wish
to remove the above mentioned
Container/s from Inland
container Depot/Nominated area/Port premises to our factory/warehouse at………………………………………..
…………………………….., we as
receivers /Consignees are executing this indemnity bond in favor of MSC AGENCY (INDIA)
PVT LTD to ensure safe return of the containers.
Now therefore in consideration
of your allowing us to take container out for destuffing at our site, and also in
consideration of your having executed a
Bond with the Customs
vide Bond No………………………………………………..
we as importers/ consignee
or their agents hereby agree and undertake ourselves and our successors and
assignees, to indemnify you against all claims, losses, demands and costs
of any nature that may be made by you,
in any capacity whatsoever. We hereby agree and confirm to abide by
the
following terms and conditions:
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We, the importer/consignee
and/or clearing agent / contractors /
transporters and/or their employees or servants shall take all responsibilities
and care to ensure that the container/s are kept safe, in sound and usable condition
by all whose acts of omission and commission, the importer/consignee and his agent
/ contractor / transporter, above named are solely liable.
-
We the importer/consignee
and/or clearing agent / contractors / transporters and/or their employees or servants
undertake to indemnify the carrier and/or their agents above named against all damages
/ loses / liability/ third party liability cost or expenditure suffered or incurred
by the movement of container while in possession of the importer, including injury
or death of person or loss or damage to property or other
person in the process of such movement
and destuffing operation.
-
We shall return the container
in good/sound condition. For this purpose survey conducted by your authorized surveyor
and their reports and findings and their fees thereof shall be binding on us. For
any kind of damages caused to the containers while in our possession due to any
willful act, negligence by us/our appointed agency or by any third party, other
than natural wear and tear, the Repair Cost estimate or the Debit given by you in
case of total loss, will be accepted as final and binding on us and paid and reimbursed
by us instantly.
-
The importer/consignee
and/or clearing agent / contractors / transporters and/or their employees or servants indemnify the carrier or the agent for
any claim by you/Shipping Line and/or Customs to the extent of
Rs 275,000 (Rupees Two Lakh Seventy
five thousand only) per Twenty
feet container and
Rs 5,00,000 (Rupees five lakh only per Forty feet
Container.
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The importer shall be
liable for container detention after the five free days from the day the laden import
container arrived at the Inland Container Depot/Nominated area/ Port premises till the day the empty container/s returned
back to Inland container deport/nominated
area/empty storage
yard after factory destuffing, as
per the below tariff.
Normal DRY VAN Containers.
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USD 8.50/20’
& USD 17.00/40’ PER DAY FOR FIRST
SEVEN DAYS.
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USD 13.50/20’
& USD 27.00/40’ PER DAY FOR NEXT SEVEN DAYS.
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USD 17.50/20’
& USD 35.00/40’ PER DAY FOR NEXT SEVEN DAYS.
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USD 48.00/20’
& USD 96.00/40’ PER DAY FOR THEREAFTER
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SEPCIAL
EQUIPMENT DEMURRAGE AS PER LINE TARIFF.
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The Importer/Consignee
agrees to return the container in good order and condition at the storage yard designated
by MSC AGENCY (INDIA) PVT LTD within a period of five days. The importer is liable
to pay detention as per abovementioned slab and in case of any delay, then
till the date the container/s
are returned to inland container depot/nominated area/empty storage yard.
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For any charges becoming
due to you on account of damage to containers, loss, third party liability or detention
on container, we authorize you to debit our account and adjust against any security
amount or any other amount lying with you in any other capacity or impose lien over
any cargo or material in your possession belonging to us till such time the amount
due to you is realized completely.
8. The
importer/Consignee undertake to produce the Original Triplicate copy
of the Bill of Entry duly endorsed
by the Gate office at the Inland Depot/
Nominated area/Empty storage yard.
Within 7 days from the date of return
Of the container/s along with survey
reports.
9.
The importer/consignee hereby confirm
that the import cargo does not
Contain any contraband and articles in terms
of Indian Customs
Regulations and that the shippers have not tampered
with the cargo for
the purpose of concealment of any contraband
cargo and would be
responsible for all costs and consequences for
the same.
10.
To the
extent of the Undertaking and declarations herein and to the extent of the loss
and/or damage caused arising out of breach thereof or any consequential or indirect
losses/damages caused in respect or furtherance thereof and to the extent of any
claims, litigations, damages, expenses and costs as suffered or may be suffered
by the carrier/agents by way of non compliance of any of the undertakings covenants
herein or generally any other acts/care/cautions as should have been done and have
not been done or cautions as should we been observed and has not been observed or
arising out of any of our act or failure to act as a prudent person would do we,
subject to the monetary limitation herein agree to indemnify and keep the carrier/agent
indemnified.
11.
Disputes,
if any, will be subject to jurisdiction of courts having territorial jurisdiction
over your principal working office.
Executor/Executants
(Name of person signing
with designation
Name of firm, address)
DATED:
_____________________
PLACE:
_____________________
________________________
(Signature attestation
by bank)
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