Saturday, January 9, 2016

LETTER OF INDEMNITY FOR SWITCH BILLS OF LADING


















SWITCH

LETTER OF INDEMNITY FOR SWITCH BILLS OF LADING

To : [insert name of Owners] [insert date ]

The Owners of the [insert name of ship ]
[insert address]

Dear Sirs,

Ship: [insert name of ship ]

Voyage: [insert load and discharge ports as stated in the bill of lading]

Cargo: [insert description of cargo]

Bill of lading: [insert identification number, date and place of issue]

The above cargo was shipped on the above ship by [insert name of shipper] and consigned to [insert name of consignee or party to whose order the bill of lading is made out, as appropriate ] for delivery at the port of [insert name of discharge port stated in the bill of lading] at the time of booking.

We [insert name of party requesting issuance of switch Bills of Lading] now surrender the full set 3/3 of original Bills for cancellation and hereby request you to issue a set of switch Bills with the following change:

Discharge port now reads as: [insert name of  new discharge port]

In consideration of your complying with our above request, we hereby agree as follows :-

  1. To indemnify you, your servants and agents 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 issuing a Switch Bill in accordance with our request.

  1. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the above mentioned, to provide you or them on demand with sufficient funds to defend the same.

  1. If, in connection with complying with the above request, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.

  1. 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.

  1. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England.

Yours faithfully
For and on behalf of
[insert name of Requestor]
The Requestor
…………………………………

Signature