LETTER OF INDEMNITY(Undertaking for

LETTER OF INDEMNITY
(Undertaking for taking delivery of cargo and/or payment of costs)

In favor of Hapag-Lloyd AG, Hamburg, Germany​​ [insert date]
The Carrier
c/o Hapag-Lloyd
[insert address of local HL office]


Dear Sirs,

Vessel: ​[insert name of vessel]
Shipper:​[insert name of shipper]
Consignee: ​[insert name of consignee]
Voyage: ​[insert voyage no. and load and discharge ports as stated in the Bill of Lading]
Cargo: ​[insert description of Cargo]
Bill of Lading: ​[insert identification numbers, date and place of issue]
CIF Invoice Value of Goods: [insert CIF Invoice Value of Goods]


We represent and warrant that we are entitled to the possession of the Cargo and delivery thereof and no other person, firm or cooperation is so entitled.

We have requested the Carrier to transport this cargo as indicated in above mentioned Bill of Lading from Port of Loading [insert POL] to Port of Discharge [insert POD]. We will use our best efforts with the Consignee to take delivery of this consignment at port of discharge as planned and remove the container from port of discharge in due time.

Should the unit(s) nonetheless not be cleared within 30 days from discharge at the port of discharge, we -in consideration of your complying with our above request - we hereby agree to the following indemnity (hereinafter referred to as “Indemnity”):


1. To indemnify you, your servants, agents, the Vessel, her owner or (bareboat-) charterer, operator and the master, and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of delivering the Cargo in accordance with our request. In particular we will pay all resulting costs including, but not limited to, customs fines, fees, charges, etc. incurred at the port of discharge. We further agree to arrange the direct return of the cargo and container to the port of loading and to pay to Carrier all resulting costs such as freight and all other charges accrued for the return of the cargo and container to the port of loading, and to accept and take delivery of the cargo upon arrival at the original port of loading in all respective cases of return shipments.

2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the Cargo as aforesaid, to provide you or them promptly on demand with sufficient funds to defend the same.

3. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity.

4. In addition to all the obligations under this Letter of Indemnity we herewith confirm and accept to be bound by the terms and conditions of the Bill of Lading issued. This Letter of Indemnity shall be governed by and construed in accordance with German law and we submit to the jurisdiction of the Hamburg courts which is exclusive safe for Hapag-Lloyd deciding in its sole discretion to instigate proceedings against us before another court which is competent pursuant to the laws applicable before such court.


Yours faithfully
For and on behalf of the Requestor (shipper or consignee)​Company Stamp of the Requestor
[insert name of shipper or consignee]



…………………………………………….
Signature
[Print Name of duly authorized representative signing for the Requestor]




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