LOI Delivery Without Production of Bills

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APPENDIX 3.

18 – STANDARD FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN


FOR DELIVERING CARGO WITHOUT PRODUCTION OF THE ORIGINAL BILL OF LADING

To: [insert name of owners]


The owners of [insert name of ship]

Dear Sirs,

Ship: [insert name of ship]

Voyage: [insert load/discharge port, as stated in 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 appropriate] 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 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 expenses of whatsoever nature which you may sustain by reason of
delivering the cargo in accordance with our request.

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 on
demand with sufficient funds to defend the same.

3. 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 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 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.

4. 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.

5. 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.

6. The liability of each and every person under this indemnity shall in no circumstances exceed
200% of the CIF value of the above cargo.

7. 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 For and on behalf of


[insert name of requestor] [insert name of bank]
Signature ……………………………….. Signature ……………………………….

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