银行担保放货保函提货保函.doc

提 货 保 函致：洋浦中诚联合航运有限公司关于： 船名（航次） 抵港日期 货物 提单号 件数 品名 唛头 发货人 （全称）已安排上述货物由上述船舶承运发往我司，但正本提单尚未到达。我司 （全称）现请求不凭正本提单提取货物。考虑到贵司接受我司上述请求，我司同意如下：1、赔偿并承担贵司以及贵司雇员和代理因此承担的一切责任和遭受的一切损失；2、若贵司或贵司雇员或代理因此被起诉，我司将随时提供足够的法律费用；3、若贵司船舶或财产因此被扣押或羁留或遭如此威胁，我司将提供所需的保释金或其它担保以解除或阻止前述扣押或羁留，并赔偿贵司由此所受一切损失、损害或费用；4、一旦收到全套正本提单，我司将立即将其呈递贵司，我司在本保函中的责任随即终止；5、我司以及我司担保银行在本协议中负连带责任，无论贵司起诉其中的任何一方；6、本保函适用中国法律并接受 海事法院管辖。 （法人代表签字并盖法人章） （担保银行授权人签字并盖公章） 年 月 日 年 月 日注:本保函只供国内代理使用,国外代理应使用英文版且需将法律适用改为适用当地法并受当地法院管辖。STANDARD FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO WITHOUT PRODUCTION OF THE ORIGINAL BILL OF LADING INCORPORATING A BANKS AGREEMENT TO JOIN IN THE LETTER OF INDEMNITYTo : China United Lines Ltd.Date:Daming Road (East) 908, 24F, Shanghai ChinaShip: Voyage:Cargo:Bill of lading: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 but the bill of lading has not arrived and we, insert name of party requesting delivery, hereby request you to deliver the said cargo to insert name of party to whom delivery is to be made at insert place where delivery is to be made without production of the original bill 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 expense 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 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 ships 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.4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be delivered to you, whereupon our liability hereunder shall cease.6. 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.7 This indemnity shall be governed by and construed in accordance with Chinese law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the Maritime Court of PRC.Yours faithfullyFor and on behalf ofinsert name of RequestorThe RequestorSignature(Banks Agreement)We, insert name of the Bank, hereby agree to join in this Indemnity providing always that the Banks liability:-1. shall be restricted to payment of specified sums of money demanded in relation to the Indemnity (and shall not extend to the provision of bail or other security) 2. shall be to make payment to you forthwith on your written demand in the form of a signed letter certifying that the amount demanded is a sum due to be paid to you under the terms of the Indemnity and has not been paid to you by the Requestor or is a sum which represents monetary compensation due to you in respect of the failure by the Requestor to fulfil its obligations to you under the Indemnity. For the avoidance of doubt the Bank hereby confirms that:a) such compensation shall include, but not be limited to, payment of any amount up to the amount stated in proviso 3 below in order to enable you to arrange the provision of security to release the ship (or any other ship in the same or associated ownership, management or control) from arrest or to prevent any such arrest or to prevent any interference in the use or trading of the ship, or other ship as aforesaid, and b) in the event that the amount of compensation so paid is less than the amount stated in proviso 3 below, the liability of the Bank hereunder shall continue but shall be reduced by the amount of compensation paid.3. shall be limited to a sum or sums not exceeding in aggregate insert currency and amount in figures and words4. shall terminate on date two years from the date of the Indemnity (the Termination Date), except in respect of any demands for payment received by the Bank hereunder at the address indicated below on or before that date.5. shall be governed by and construed in accordance with the law governing the Indemnity and the Bank agrees to submit to the jurisdiction of the court stated within the Indemnity.It should be understood that, where appropriate, the Bank will only produce and deliver to you all original bills of lading should the same come into the Banks possession, but the Bank agrees that, in that event, it shall do so.The Bank agrees to promptly notify you in the event of any change in the full details of the office to which any demand or notice is to be addressed and which is stated below and it is agreed that you shall also promptly notify the Bank in the event of any change in your address as stated above.Yours faithfullyFor and on behalf of insert name of bank insert full details of the office to which any demand or notice is to be addressed.Signature