MSC Line Annual Bond
MSC Line Annual Bond
MSC Line Annual Bond
INDEMNITY BOND
(For factory destuffing)
To,
MSC AGENCY INDIA PVT LTD
Whereas for the purpose of destuffing the cargo we the importer/consignee M/s.NOVA
INTERNATIONAL, SHIVSHAKTI BANSI PARK-B, SHITAL LIGHT STREET, OPP.HILTON
APPARTMENT, RAJKOT – 360001 – GUJARAT. wish to remove the import laden Container/s
from Inland container Depot………/Nominated area…………../Port premises to our
factory/warehouse. We as receivers/Consignees are executing this indemnity bond in favor of “MSC
AGENCY INDIA PVT LTD” to ensure safe return of the containers within stipulated period of time.
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……………………………, to Jawaharlal Nehru Customs House, undertaking the re-export of the
containers within the period stipulated by Customs, we, the undersigned hereby undertake and
guarantee the following.
(We, NOVA INTERNATIONAL, the importer agree and undertake for ourselves, our successors and
assignees to indemnify you, your servants and agents and to hold all of you harmless in respect of
any liability, loss or damage, demands and costs of whatsoever nature whether direct or indirect
which you may sustain while containers are in our custody)
This indemnity in force in addition to standard terms and conditions of bill of lading and its
contractual obligations, responsibilities and liabilities bind on merchant including shipper and
consignee.
We hereby agree and confirm to abide by the following terms and conditions:
1. We, the importer/consignee shall take all responsibilities and care to ensure that the container/s are
handled and returned in safe, sound and seaworthy condition by all whose acts of omission and
commission, the importer/consignee are solely liable.
2. We the importer/consignee undertake to indemnify the carrier and/or their agents above named
against all damages / loses / liability/ third party liability cost or
Sensitivity: Internal
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.
3. We shall return the container in good/sound condition at the Line’s nominated Empty Return
Location mentioned on Delivery Order / Empty off-loading letter or any other similar document
within validity period. 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.
4. The importer/consignee indemnify the carrier or the agent for any claim by you/Shipping Line
and/or Customs to the extent of container value Rs. 2,75,000 per Twenty feet container, Rs. 5,44,000
per Forty feet container, Rs. 1,20,0000 per 20’ Reefer container and Rs.1,80,0000 for a 40’ Reefer
and Rs. 7,50,000 (Rupees seven lakh fifty thousand only) for any other type of container which
includes Open Top/Flat Rack. In case of total loss, the applicable customs duty or any other charges
for total loss container on and above the value of container payable by importer / consignee. This
will also cover cases where consignee or his appointed CHA or transporter fail to return the container
to the Line’s nominated Empty Return Location within Delivery Order validity.
5. The importer shall be liable for container detention after the five free days / Free time mentioned
in the Service Contract, from the day the laden import container arrived at the Inland Container
Depot / Port premises till the day the empty container/s returned back to Inland container depot /
empty storage yard after factory de-stuffing, as per the applicable Line tariff at the time of discharge.
6. The Importer/Consignee agrees to return the container in good order and Sound condition at the
storage yard designated by MSC AGENCY(INDIA) PVT.LTD within the period of validity in the
delivery order. The importer is liable to pay detention in case of any delay, then till the date the
container/s are returned to inland container depot/nominated area/empty storage yard.
7. 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 will ensure that any claims made towards outstanding detention will be paid within 7
days of claim made by the Line according to the published tariff. Similarly any damage claims made
will be settled next working day on provision of reports and photographs.
Sensitivity: Internal
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.
12. This document is valid up to aforementioned validity date from the date of the agreement and
shall be automatically extended till the date of the return of the last container to the carrier’s
nominated CY/ICD facility.
Executor/Executants
NOVA INTERNATIONAL,
SHIVSHAKTI BANSI PARK-B,
SHITAL LIGHT STREET, OPP.HILTON APPARTMENT,
RAJKOT – 360001 – GUJARAT
DATE 25.11.2022
PLACE RAJKOT
________________________
(Signature attestation by bank)
Sensitivity: Internal