A continuacion presentamos un documento muy usado en shipping, cuando los
documentos de embarque no alcanzan a llegar a tiempo, para lo cual se llena el
formato tipo A de LETTER OF INDEMNITY y se presenta a los armadores, para que a
la falta de B/L'S se pueda hacer el descargue:
A
STANDARD FORM LETTER OF INDEMNITY TO BE GIVE IN RETURN FOR DELIVERING
CARGO WITHOUT PRODUCTION OF THE ORIGINAL BILL OF LADING
To: [insert name of Owners] the Owners of the [insert name of
ship]
Dears,
Ship: [insert name of ship]
Voyage: [insert load/discharge port, as stated in the Bill of Lading]
Cargo: [insert description of cargo]
Bill(s) of Lading: [insert identification number, date, place of issue]
The above cargo was shipped on the above vessel by [insert name of
shipper] and consigned to [insert name of consignee or to whose order
the Bill of Lading is made out, as appropiate] for delivery at the port of [insert
name of discharge port stated in the Bill of Lading] but the Bills of
Lading have not arrived and we, [insert name of party requesting delivery], hereby
request you to give delivery of the said cargo to [insert name of party to
whom delivery is to be made] without production of the original Bill(s) of
Lading.
In consideration or your complying with our above request, we hereby agree
as follows:
- To indemnify you, your servants and agents and to hold
all of you harmless in respect of any liability, loss, damage or expenses
of whatsoever nature which you may sustain by reason of delivering the
cargo in accordance with our request
- 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 on demand with sufficient
funds to defend the same
- If, in connection with the delivery of the cargo as
aforesaid, the ship or any other ship or property belonging to you should
be arrested or detained or if the arrest or detention thereof should be
threatened to provide on demand such bail or other security as may be
required to prevent such arrest or detention or to secure the release or
such ship or property and to indemnify you in respect of any liability,
loss, damage or expenses caused by such arrest or detention or threatened
arrest or detention whether or not such arrest or detention or threatened
arrest or detention may be justified
- As soon as all original Bills of Lading for the above
cargo shall have come into our possession to deliver the same to you,
whereupon our liability hereunder shall cease
- 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
- The liability of each and every person under this
indemnity shall in no circumstances exceed 200% of the CIF value of above
cargo
- 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]
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Signature
For and on behalf of
[insert name of Bank]
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Signature