BL Airway Bill Indemnity
Document Sample


Bill of Lading / Airway Bill Indemnity
Date :
The Manager
Standard Chartered Bank, Singapore SG Reference Number :
Dear Sir,
Bill(s) of Lading / Airway Bill No. :
Name of Vessel / Airline & Flight No. :
Date of Bill(s) of Lading / Airway Bill :
Shippers : Value of Goods :
Country of Origin of Goods :
Port of Loading : Port of Discharge / Destination :
Quantity & Description of Goods
(hereafter, the Goods)
Marks & Numbers
Name and Address of Shipping Company / Carrier
I / We request you to:
join us in signing a letter of indemnity to the Shipping Company / Carrier
issue at our instructions a letter of indemnity to the Shipping Company / Carrier
endorse on a copy of the airway bill in which you are named consignee
to enable us to obtain the release of the Goods for which the relative bill(s) of lading or other documents of title has /
have not yet arrived or which we otherwise do not as yet possess, as stated above.
In consideration of your so doing, I / we hereby agree and/or warrant as follows :
(a) to hold the full set of the Bills of Lading on receipt and the Goods on storage on trust for you and as your
property with liberty to sell and accounting for and paying the proceeds to you as soon as they are received.
(b) to keep the Goods insured against fire, theft and pilferage at our charge, the Policy money being payable in case
of loss to you and to do all other acts and things necessary to protect and preserve unimpaired the property and
lien of the Bank in the Goods, the Bill of Lading and other documents of title thereto.
(c) that no other bank is involved in this transaction
(d) to indemnify and keep you indemnified against all proceedings, actions, claims and/or demands which may be
made against you in whichever jurisdiction or in arbitration, in respect of the Goods or the delivery thereof, or the
issuance of the letter of indemnity or the endorsement of the airway bill, including losses, damages, costs
(including legal costs as between Solicitor and Client) or any other expenses of liabilities of any kind whatsoever
which you may sustain or incur either directly or indirectly in connection with or arising from you acceding to our
abovementioned request.
(e) to allow you at your sole discretion without reference to us notwithstanding any instructions by us to the contrary,
to compromise settle pay or resist any claim arising out of the release of the Goods to us without releasing us
from our liabilities to or obligation to indemnify you.
(f) to provide you with sufficient funds to defend any proceedings instituted against you at any time in respect to the
Goods, including legal fees and all costs. If called upon, we undertake at any time while the Goods are in our
possession to deliver same to you and to procure for you all warehouse receipts and attornment in your favour in
respect of the Goods.
(g) to waive all irregularities and discrepancies as regards the value, numbers, marks, contents, weight, quantity and
quality of the Goods under any contractual arrangement we may have with the supplier, thereof, and we further
agree that you may pay or accept as applicable or compliant any draft and / or other documents received by you
with respect to such Goods tendered under letter of credit/ collection notwithstanding any discrepancy or
irregularity of the draft or documents, which discrepancy or irregularity shall be deemed to have been irrevocably
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waived by us. Such discrepancy or irregularity shall be deemed to include the delay in such tender or
presentation and the amount of any such drafts.
(h) to procure the return of the shipping guarantee to you for cancellation when you require us to do so, and
undertake that our obligations under the counter-indemnity shall remain in full force and effect until this is done.
(i) that the Goods and the documents relating to the Goods have not been pledged, mortgaged, charged,
hypothecated or the subject of any other form of security to or in favour of any other Bank, firm or person. We
further promise and agree that they will not be so pledged, mortgaged, hypothecated or otherwise encumbered
without your written consent.
(j) that we have full and unencumbered title to the Goods and that there is no other party with title, rights and
interests in the Goods superior or ranking in higher priority to ours.
(k) We irrevocably consent to the disclosure by you, your officers and agents, in any manner howsoever, of any
account information (including any personal data) relating to us including but not limited to details of our facilities,
any securities taken, transactions undertaken, our account balances and deposit with you to (i) your head office,
any of your representative offices, documents checking and processing centres, branch offices in any
jurisdiction, related corporations (as defined in the Singapore Companies Act Cap 50), (ii) any regulatory or
supervisory authority including fiscal authority in any jurisdiction, (iii) any potential assignee of yours or any other
participant in any of your rights and/or obligations in relation to our facilities, (iv) any guarantors, third party
pledgors or security providers and your agents and independent contractors, and (v) any insurers with whom
insurance cover is taken out in connection with this application.
(l) For avoidance of doubt and subject to the proviso appearing below, it is the intention of the parties that any
terms, interests, rights, benefits, defences, exemptions or limitations in this Agreement shall not be enforceable
by a third party (save and except for a third party as defined below) pursuant to the Contracts (Rights of Third
Parties) Act of Singapore (“the Act”), provided always that nothing herein operates to prevent or limit your right to
assign, novate, otherwise confer any benefit or interest in favour of any other party, apart from the Act. The
terms, interests, rights and benefits referred to above shall include but are not confined to any banking facilities,
advances, loans, financing or any other form of financial accommodation that you provide or may provide under
this Agreement.
Provided always that it shall be the intention of the parties that all defences and limitations in this Agreement
shall be enforceable by all of your subsidiaries (whether wholly or partly owned), parents, branches, any other
bank within the Standard Chartered Bank Group, whether carrying on business in Singapore or not, successors
in title or assigns of the Bank, entities into or with which the Bank may merge or consolidate, any entities formed
as a result of acquisition, by or of the Bank as well as your employees, sub-contractors and agents, all of whom
or which shall be deemed as third parties for the purposes of the Contracts (Rights of Third Parties) Act of
Singapore. For the purposes of this Act, consent of any of these third parties is not required for any variation,
rescission or termination of this Agreement.
(m) The Agreement between you and us contained in or evidenced by the foregoing terms and conditions shall be
governed and construed in accordance with the laws of the Republic of Singapore and we agree to submit to the
non-exclusive jurisdiction of the courts of Singapore for any disputes arising out of or in connection with this
Agreement.
We confirm that the shipping documents relating to this indemnity will be presented through the medium of your bank
under :- (Please tick where applicable)
your letter of credit no. dated
collection basis – documents against payment / acceptance
others
Enclosed : Format of Indemnity Required by Carrier / Shipping Company in duplicate
Copy of Invoice and Bill of Lading.
Authorised Signature(s)
& Company Stamp
Signature Account no.
Verified Contact Person / Tel. No.
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