BILLS OF LADING. (a) The master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers or their agents may direct (subject always to Clauses 36 (a) and 41) without prejudice to this Charter. Charterers hereby indemnify Owners against all consequences or liabilities that may arise: (i) from signing Bills of Lading in accordance with the directions of Charterers or their agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this Charter, provided, however, that no further indemnity beyond that expressed in this Clause 14 or elsewhere in this Charter shall be implied against Charterers; (ii) from any irregularities in papers supplied by Charterers or their agents. (b) If Charterers by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers on each and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on board: (i) Charterers shall indemnify Owners and Owners’ servants and agents in respect of any liability loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners may sustain by reason of delivering such cargo in accordance with Charterers’ request. (ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers shall provide Owners or any of Owners’ servants or agents from time to time on demand with sufficient funds to defend the said proceedings. (iii) If the Vessel or any other vessel or property belonging to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall 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 Vessel or property and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified. (iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ possession, custody or control, redeliver the same to Owners. (v) As soon as all original Bills of Lading for the above cargo which: a) name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, arrived and/or come into Charterers’ possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. Provided however, if Charterers have not received all such original Bills of Lading by 24.00 hours on the day thirty-six (36) calendar months after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ written notice that aaa) Some person is making a claim, in connection with Owners delivering cargo pursuant to Charterers’ request or, bbb) Legal proceedings have been commenced against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity. (vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo. (vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England. (c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 4 contracts
Sources: LNG Time Charter Party (GasLog Partners LP), LNG Time Charter Party (GasLog Partners LP), Master Time Charter Party (GasLog Partners LP)
BILLS OF LADING. (a) The master Master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers or their agents may direct (subject always to Clauses 36 (a) and 41) without prejudice to this Chartercharter. Charterers hereby indemnify Owners against all consequences or liabilities that may arise:
(i) from signing Bills of Lading in accordance with the directions of Charterers or their agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this Chartercharter, provided, however, that no further indemnity beyond that expressed or (except as provided in this Clause 14 (b)) from the Master otherwise complying with Charterers' or elsewhere in this Charter shall be implied against Chartererstheir agents' orders;
(ii) from any irregularities in papers supplied by Charterers or their agents.
(b) If Charterers by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ Bill of Lading and/or that is different from the ▇▇▇▇ Bill of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ ' instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers on each and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on board:
(i) Charterers shall indemnify Owners and Owners’ Owners servants and agents in respect of any liability loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners may sustain by reason of delivering such cargo in accordance with Charterers’ ▇▇▇▇▇▇▇▇▇▇' request.
(ii) If any proceeding is commenced against Owners or any of Owners’ ' servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers shall provide Owners or any of Owners’ ' servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ ' instruction as aforesaid, Charterers shall 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 Vessel or property and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
(iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ ' possession, custody or control, redeliver the same to Owners.
(v) As soon as all original Bills of Lading for the above cargo which: a) which name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, shall have arrived and/or come into Charterers’ ' possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. .
(vi) Provided however, if Charterers ▇▇▇▇▇▇▇▇▇▇ have not received all such original Bills of Lading by 24.00 hours on the day thirty-six (36) calendar months after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ Owners written notice that that: aaa) Some person is making a claim, claim in connection with Owners delivering cargo pursuant to Charterers’ ' request or, bbb) Legal proceedings have been commenced against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity.
(vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 2 contracts
Sources: LNG Time Charter Party (Golar LNG LTD), LNG Time Charter Party (Golar LNG Partners LP)
BILLS OF LADING. (a) The master (although appointed by Owners) Master shall be under the orders and direction of Charterers Customer as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers Customer or their its agents may direct (subject always to Clauses 36 (a) 7.3 and 4127.2(a)) without prejudice to this CharterAgreement. Charterers Customer hereby indemnify Owners indemnifies Contractor against all consequences or liabilities that may arise:
(i) from signing Bills of Lading in accordance with the directions of Charterers Customer or their its agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this CharterAgreement, provided, however, that no further indemnity beyond that expressed or (except as provided in this Clause 14 7.1(b)) from the Master otherwise complying with Customer’s or elsewhere in this Charter shall be implied against Charterers;its agents’ orders; and
(ii) from any irregularities in papers supplied by Charterers Customer or their its agents.
(b) If Charterers Customer, by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners 7, requests Contractor to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners Contractor shall discharge such cargo in accordance with Charterers’ Customer’s instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers Customer on each and every such occasion and which is limited in value to two hundred percent (200% %) of the CIF value of the cargo carried on board:
(i) Charterers Customer shall indemnify Owners Contractor and Owners’ Contractor’s servants and agents in respect of any liability liability, loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners Contractor may sustain by reason of delivering such cargo in accordance with Charterers’ Customer’s request, provided that this indemnity shall not apply if such liability, loss or damage is a result of any act or omission of Contractor.
(ii) If any proceeding is commenced against Owners Contractor or any of Owners’ the Contractor’s servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers Customer shall provide Owners Contractor or any of Owners’ Contractor’s servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging to Owners Contractor should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ Customer’s instruction as aforesaid, Charterers Customer shall 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 Vessel vessel or property and Charterers Customer shall indemnify Owners Contractor in respect of any loss, damage or expenses caused by such arrest or detention whether or not the same may be justified.
(iv) Charterers Customer shall, if called upon to do so at any time while such cargo is in Charterers’ Customer’s possession, custody or control, redeliver the same to OwnersContractor.
(v) As soon as all original Bills of Lading for the above such cargo which: a) which name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, shall have arrived and/or come into Charterers’ Customer’s possession, Charterers Customer shall produce and deliver the same to Owners Contractor whereupon Charterers Customer’s liability hereunder shall cease. Provided ; provided however, if Charterers have Customer has not received all such original Bills of Lading by 24.00 hours ***** on the day thirty-six (36) calendar months ***** after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have Customer has received from Owners’ Contractor written notice that aaa(A) Some person some Person is making a claim, claim in connection with Owners Contractor delivering cargo pursuant to Charterers’ Customer’s request or, bbbor (B) Legal legal proceedings have been commenced against Owners Contractor and/or carriers and/or Charterers Customer and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have If Customer has received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party the Party may have outside this indemnity.
(vi) Owners Contractor shall promptly notify Charterers Customer if any person Person (other than a person Person to whom Charterers Customer ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners Contractor is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant Contractor warrants that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers Customer so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 2 contracts
Sources: Operation and Services Agreement (Golar LNG Partners LP), Operation and Services Agreement (Golar LNG Partners LP)
BILLS OF LADING. (a) The master Master (although appointed by OwnersContractor pursuant to the Operation and Services Agreement) shall be under the orders and direction of Charterers Charterer as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers Charterer or their its agents may direct (subject always to Clauses 36 (a) 36.1 and 41) without prejudice to this Charter. Charterers Charterer hereby indemnify Owners indemnifies Owner against all consequences or liabilities that may arise:
(i) from signing Bills of Lading in accordance with the directions of Charterers Charterer or their its agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this Charter, provided, however, that no further indemnity beyond that expressed or (except as provided in this Clause 14 13.1(b)) from the Master otherwise complying with Charterer’s or elsewhere in this Charter shall be implied against Charterers;its agents’ orders; and
(ii) from any irregularities in papers supplied by Charterers Charterer or their its agents.
(b) If Charterers Charterer, by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners 13, requests Owner to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners Owner shall discharge such cargo in accordance with Charterers’ Charterer’s instructions in consideration of receiving the following indemnityindemnity (or such other indemnity as may be required from time to time by Owner’s P&I Club), which shall be deemed to be given by Charterers Charterer on each and every such occasion and which is limited in value to two hundred per cent (200% %) of the CIF value of the cargo carried on board:
(i) Charterers : Charterer shall indemnify Owners Owner and Owners’ Owner’s servants and agents in respect of any liability liability, loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners Owner may sustain by reason of delivering such cargo in accordance with Charterers’ Charterer’s request, provided that this indemnity shall not apply if such liability, loss or damage is a result of any act or omission of Owner (other than where such act or omission is the result of Owner acting in accordance with Charterer’s instructions).
(iic) If any proceeding is commenced against Owners Owner or any of Owners’ the Owner’s servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers Charterer shall provide Owners Owner or any of Owners’ Owner’s servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iiid) If the Vessel or any other vessel or property belonging to Owners Owner should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ Charterer’s instruction as aforesaid, Charterers Charterer shall 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 Vessel vessel or property and Charterers Charterer shall indemnify Owners Owner in respect of any loss, damage or expenses caused by such arrest or detention whether or not the same may be justified.
(ive) Charterers Charterer shall, if called upon to do so at any time while such cargo is in Charterers’ Charterer’s possession, custody or control, redeliver the same to OwnersOwner.
(vf) As soon as all original Bills of Lading for the above such cargo which: a) which name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, have arrived and/or come into Charterers’ Charterer’s possession, Charterers Charterer shall produce and deliver the same to Owners Owner whereupon Charterers Charterer’s liability hereunder shall cease. Provided ; provided, however, if Charterers have Charterer has not received all such original Bills of Lading by 24.00 hours ***** on the day thirty-six (36) calendar months ***** after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have Charterer has received from Owners’ Owner written notice that aaa(x) Some person some Person is making a claim, claim in connection with Owners Owner delivering cargo pursuant to Charterers’ Charterer’s request or, bbbor (y) Legal legal proceedings have been commenced against Owners Owner and/or carriers and/or Charterers Charterer and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have If Charterer has received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party the Party may have outside this indemnity.
(vig) Owners Owner shall promptly notify Charterers Charterer if any person Person (other than a person Person to whom Charterers Charterer ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners Owner is arrested by reason of any such discharge of cargo.
(viih) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant Owner warrants that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers Charterer so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 2 contracts
Sources: Time Charter Party (Golar LNG Partners LP), Time Charter Party (Golar LNG Partners LP)
BILLS OF LADING. (aA) The master Master (although appointed by Owners) shall to be under the orders and direction of the Charterers as regards employment of the Vesselemployment, agency and agency, or other arrangements, arrangements and shall sign Bills bills of Lading lading as Charterers or their agents may direct (subject always direct. The Charterers to Clauses 36 (a) and 41) without prejudice to this Charter. Charterers hereby indemnify the Owners against all consequences or liabilities that may arise:
(i) arising from the Master, Officers or agents signing Bills bills of Lading lading in accordance with the directions of Charterers or their agentssuch directions, to the extent that the terms of such Bills bills of Lading fail to conform to the requirements of lading expand Owners’ liabilities under this Chartercharter, provided, however, that no further indemnity beyond that expressed in this Clause 14 or elsewhere in this Charter shall be implied against Charterers;
(ii) as well as from any irregularities irregularity in the Vessel’s papers supplied if prepared by Charterers or their agentsservants and/or agents or for over-carrying goods, provided that such indemnity shall not apply where Owners’ liability arises out of any fault, error or omission on the part of the Owners, Master, Officers or their agents or servants. The Owners not to be responsible for shortage, mixture, marks, nor for number of pieces or packages save that Owners to be responsible for any damage to or claims on cargo caused by fault, error or omission of the Master, Officers or Crew.
(bB) If At their option, the Charterers by telexor their agents are authorized to sign bills of lading on behalf of the Master, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ instructions loading tally or mate’s receipts, etc.
(C) A discharge port named in consideration bills of receiving lading is not to constitute a declaration of discharge port pursuant to this Charter and Charterers retain the following indemnityright to order the Vessel to any port within the terms of this charter. Charterers agree to indemnify Owners against claims brought by holder(s) of bills of lading against Owners by reason of a change of destination.
(D) At its option, Charterers may require delivery of cargo to be made without presentation of the original bills of lading upon giving Owners a letter of indemnity in the form annexed hereto as Exhibit A, which shall be deemed to be given by Charterers on each automatically become null and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on board:
(i) Charterers shall indemnify Owners and Owners’ servants and agents in respect of any liability loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners may sustain by reason of delivering such cargo in accordance with Charterers’ request.
(ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers shall provide Owners or any of Owners’ servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging void upon presentation to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release one (1) out of such Vessel or property and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
three (iv3) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ possession, custody or control, redeliver the same to Owners.
(v) As soon as all original Bills of Lading for the above cargo which: a) name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ bills of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, arrived and/or come into Charterers’ possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. Provided however, if Charterers have not received all such original Bills of Lading by 24.00 hours on the day thirty-six thirteen (3613) calendar months after the date completion of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ written notice that aaa) Some person is making a claimwhichever occurs first, in connection with Owners delivering cargo pursuant to Charterers’ request orprovided, bbb) Legal no relevant legal proceedings have by then been commenced brought against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnityOwners.
(vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 1 contract
Sources: Long Period Charter (Chiquita Brands International Inc)
BILLS OF LADING. (a) The master Master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the Vesselvessel, agency and or other arrangements, and shall sign arrangement. Bills of Lading as are to be signed at any rate of freight Charterers or their agents may direct (subject always to Clauses 36 (a) and 41) without prejudice to this Charter, the Master attending as necessary at the offices of the Charterers or their agents to do so. Charterers hereby indemnify Owners against all consequences or liabilities that may arise:
(i) arise from signing Bills of Lading in accordance with the directions of Master, Charterers or their agentsagents signing the bills of lading or other documents, to or from the extent that the terms of such Bills of Lading fail to conform to the requirements of this Charter, provided, however, that no further indemnity beyond that expressed in this Clause 14 Master otherwise complying with Charterers or elsewhere in this Charter shall be implied against Charterers;
(ii) from their agents orders as well as any irregularities in papers supplied by Charterers or their agents.
(b) If Charterers by telex, facsimile . The said indemnity shall not extend to any consequences or other form of written communication that specifically refers liabilities or apply to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers on each and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on board:
(i) Charterers shall indemnify Owners and Owners’ servants and agents in respect of any liability loss or damage arising from orders to proceed to, enter, remain in or at, depart from or shift berth in or at any port, place, berth, dock anchorage, or submarine line, other than consequences or liabilities or loss or damage resulting from or caused by failure to exercise due diligence as required by Clause 4 hereof. The Master shall authorize Charterers or their agents to sign bills of whatsoever nature (including legal costs lading on his behalf if requested to do so. For Coastal movement, in case original bills of lading are not made available to Master of the vessel at first discharge port, charterers shall make endeavor to submit copy of the bills of lading by e-mail. Based on specific request from the charterers, Master of the vessel shall discharge the cargo as between attorney or solicitor and client and associated expenses) which Owners may sustain directed by reason of delivering such cargo in accordance with Charterers’ request.
(ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in connection with the Vessel having delivered cargo in accordance with such request, charterers. Charterers shall provide Owners or any of Owners’ servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall 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 Vessel or property also indemnify owners against all consequences and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
(iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ possession, custody or control, redeliver the same to Owners.
(v) As soon as all original Bills of Lading for the above cargo which: a) name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, arrived and/or come into Charterers’ possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. Provided however, if Charterers have not received all such original Bills of Lading by 24.00 hours on the day thirty-six (36) calendar months after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ written notice that aaa) Some person is making a claim, in connection with Owners delivering cargo pursuant to Charterers’ request or, bbb) Legal proceedings have been commenced against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity.
(vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute liabilities arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set non-submission of original negotiable Bills bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand voidladings.
Appears in 1 contract
Sources: Charter Party
BILLS OF LADING. (a) The master (although appointed by Owners) shall be under the orders and direction of Charterers as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers or their agents may direct (subject always to Clauses 36 (a) and 41) without prejudice to this Charter. Charterers hereby indemnify Owners against all consequences or liabilities that may arise:
(i) from signing Bills of Lading in accordance with the directions of Charterers or their agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this Charter, provided, however, that no further indemnity beyond that expressed in this Clause 14 or elsewhere in this Charter shall be implied against Charterers;
(ii) from any irregularities in papers supplied by Charterers or their agents.
(b) If Charterers by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers on each and every such occasion and which is limited in value to 200% ***** of the CIF value of the cargo carried on board:
(i) Charterers shall indemnify Owners and Owners’ servants and agents in respect of any liability loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners may sustain by reason of delivering such cargo in accordance with Charterers’ request.
(ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers shall provide Owners or any of Owners’ servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall 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 Vessel or property and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
(iv) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ possession, custody or control, redeliver the same to Owners.
(v) As soon as all original Bills of Lading for the above cargo which: a) name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, arrived and/or come into Charterers’ possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. Provided however, if Charterers have not received all such original Bills of Lading by 24.00 hours on the day thirty-six (36) ***** calendar months after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ written notice that aaa) Some person is making a claim, in connection with Owners delivering cargo pursuant to Charterers’ request or, bbb) Legal proceedings have been commenced against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity.
(vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 1 contract
BILLS OF LADING. (aA) The master Master (although appointed by Owners) shall to be under the orders and direction of the Charterers as regards employment of the Vesselemployment, agency and agency, or other arrangements, arrangements and shall sign Bills bills of Lading lading as Charterers or their agents may direct (subject always direct. The Charterers to Clauses 36 (a) and 41) without prejudice to this Charter. Charterers hereby indemnify the Owners against all consequences or liabilities that may arise:
(i) arising from the Master, Officers or agents signing Bills bills of Lading lading in accordance with the directions of Charterers or their agentssuch directions, to the extent that the terms of such Bills bills of Lading fail to conform to the requirements of lading expand Owners’ liabilities under this Chartercharter, provided, however, that no further indemnity beyond that expressed in this Clause 14 or elsewhere in this Charter shall be implied against Charterers;
(ii) as well as from any irregularities irregularity in the Vessel’s papers supplied if prepared by Charterers or their agentsservants and/or agents or for over- carrying goods, provided that such indemnity shall not apply where Owners’ liability arises out of any fault, error or omission on the part of the Owners, Master, Officers or their agents or servants. The Owners not to be responsible for shortage, mixture, marks, nor for number of pieces or packages save that Owners to be responsible for any damage to or claims on cargo caused by fault, error or omission of the Master, Officers or Crew.
(bB) If At their option, the Charterers by telexor their agents are authorized to sign bills of lading on behalf of the Master, facsimile or other form of written communication that specifically refers to this Clause request Owners to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners shall discharge such cargo in accordance with Charterers’ instructions loading tally or mate’s receipts, etc.
(C) A discharge port named in consideration bills of receiving lading is not to constitute a declaration of discharge port pursuant to this Charter and Charterers retain the following indemnityright to order the Vessel to any port within the terms of this charter. Charterers agree to indemnify Owners against claims brought by holder(s) of bills of lading against Owners by reason of a change of destination.
(D) At its option, Charterers may require delivery of cargo to be made without presentation of the original bills of lading upon giving Owners a letter of indemnity in the form annexed hereto as Exhibit A, which shall be deemed to be given by Charterers on each automatically become null and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on board:
(i) Charterers shall indemnify Owners and Owners’ servants and agents in respect of any liability loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners may sustain by reason of delivering such cargo in accordance with Charterers’ request.
(ii) If any proceeding is commenced against Owners or any of Owners’ servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers shall provide Owners or any of Owners’ servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging void upon presentation to Owners should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ instruction as aforesaid, Charterers shall provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release one (1) out of such Vessel or property and Charterers shall indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
three (iv3) Charterers shall, if called upon to do so at any time while such cargo is in Charterers’ possession, custody or control, redeliver the same to Owners.
(v) As soon as all original Bills of Lading for the above cargo which: a) name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ bills of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, arrived and/or come into Charterers’ possession, Charterers shall produce and deliver the same to Owners whereupon Charterers liability hereunder shall cease. Provided however, if Charterers have not received all such original Bills of Lading by 24.00 hours on the day thirty-six thirteen (3613) calendar months after the date completion of discharge, that this indemnity shall terminate at that time unless before that time Charterers have received from Owners’ written notice that aaa) Some person is making a claimwhichever occurs first, in connection with Owners delivering cargo pursuant to Charterers’ request orprovided, bbb) Legal no relevant legal proceedings have by then been commenced brought against Owners and/or carriers and/or Charterers and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnityOwners.
(vi) Owners shall promptly notify Charterers if any person (other than a person to whom Charterers ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant that the Master will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 1 contract
Sources: Refrigerated Vessel Time Charter (Chiquita Brands International Inc)
BILLS OF LADING. 18.1 Charterer’s Indemnity
(a) The master Master (although appointed by OwnersOwner) shall be under the orders and direction of Charterers Charterer as regards employment of the Vessel, agency and other arrangements, and shall sign Bills of Lading as Charterers Charterer or their agents its agent may direct (subject always to Clauses 36 (a) 18.2 and 4139(a)) without prejudice to this CharterTime Charter Party. Charterers hereby indemnify Owners Charterer indemnifies Owner against all consequences or liabilities that may arise:
(i) from signing Bills of Lading in accordance with the directions of Charterers Charterer or their its agents, to the extent that the terms of such Bills of Lading fail to conform to the requirements of this CharterTime Charter Party, provided, however, that no further indemnity beyond that expressed or (except as provided in this Clause 14 18.1(b)) from the Master otherwise complying with Charterer’s or elsewhere in this Charter shall be implied against Charterers;its agent’s orders; or
(ii) from any irregularities in papers supplied by Charterers Charterer or their its agents.
(b) If Charterers Charterer by telex, facsimile or other form of written communication that specifically refers to this Clause request Owners 18 requests Owner to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or a quantity that is different from the quantity specified in the ▇▇▇▇ of Lading quantity(other than by reason of boil-off), then Owners Owner shall discharge such cargo in accordance with Charterers’ Charterer’s instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers Charterer on each and every such occasion and which is limited in value to two hundred percent (200% %) of the CIF value of the cargo carried on board:
(i) Charterers Charterer shall indemnify Owners Owner and Owners’ Owner’s servants and agents and hold the Owner and the Owner’s servants and agents harmless in respect of any liability liability, loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners Owner or Owner’s servants or agents may sustain by reason of delivering such cargo in accordance with Charterers’ requestCharterer’s request (the “Request”).
(ii) If any proceeding is commenced against Owners Owner or any of Owners’ Owner’s servants or agents in connection with the Vessel having delivered cargo in accordance with such requestthe Request, Charterers Charterer shall provide Owners Owner or any of Owners’ Owner’s servants or agents from time to time on demand with sufficient funds to defend the said proceedings.
(iii) If the Vessel or any other vessel or property belonging to Owners in the same ownership or control should be arrested or detained, or if the arrest or detention thereof should be threatenedthreatened or should there be any interference in the use or trading of the Vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), by reason of discharge or in connection with the delivery of the cargo in accordance with Charterers’ instruction as aforesaidthe Request, Charterers Charterer shall 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 Vessel vessel or property or to remove such interference and Charterers Charterer shall indemnify Owners Owner in respect of any loss, damage or expenses caused by such arrest or detention, threatened arrest or detention or such interference whether or not same may be justified.
(iv) Charterers Charterer shall, if called upon to do so at any time while such cargo is in Charterers’ Charterer’s possession, custody or control, redeliver the same to OwnersOwner.
(v) As soon as all original Bills of Lading for the above cargo which: a) which name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, shall have arrived and/or come into Charterers’ Charterer’s possession, Charterers Charterer shall produce and deliver the same to Owners Owner whereupon Charterers Charterer’s liability hereunder shall cease, except in case the Charterer requests the Owner to discharge a quantity of cargo that is different from the ▇▇▇▇ of Lading quantity. Provided however, if Charterers have Charterer has not received all such original Bills of Lading by 24.00 23.59 hours on the day thirty-that is thirty six (36) calendar months after the date of discharge, that this indemnity shall terminate at that time unless before that time Charterers have Charterer has received from Owners’ Owner written notice that aaathat:
(A) Some some person is making a claim, claim in connection with Owners Owner delivering cargo pursuant to Charterers’ request Charterer’s request; or, bbb
(B) Legal legal proceedings have been commenced against Owners Owner and/or carriers and/or Charterers Charterer and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have Charterer has received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity.
(vi) Owners Owner shall promptly notify Charterers Charterer if any person (other than a person to whom Charterers Charterer ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other Vessel or any other property belonging to Owners Owner is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to the jurisdiction of the High Court of Justice of England.
(c) Owners warrant Owner warrants that the Master will comply with Charterer’s orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original negotiable Bills of Lading should Charterers Charterer so require. Once delivery has been completed against one ▇▇▇▇ of lading, the others are to stand void.
Appears in 1 contract
BILLS OF LADING. (a) 24.1 The master (although appointed by OwnersEE) shall be under the orders and direction of Charterers PREP A as regards employment of the Vessel, agency and other arrangements, and shall sign mate's receipts and Bills of Lading as Charterers PREP A or their its agents may direct (subject always to Clauses 36 (a) and 41) without prejudice to this Charter. Charterers hereby indemnify Owners PREP A shall indemnifY EE against all consequences or liabilities that may arise:
(ia) from signing mate's receipts or Bills of Lading in accordance with the directions of Charterers PREP A or their its agents, to the extent that the terms of such mate's receipts or Bills of Lading fail to conform to the requirements of this Charter, provided, however, that no further indemnity beyond that expressed or (except as provided in this Clause 14 16.2) from the master otherwise complying with PREP A's or elsewhere in this Charter shall be implied against Charterers;its agents' orders; and
(iib) from any irregularities in papers supplied by Charterers PREP A or their its agents.
(b) 24.2 If Charterers PREP A, by telex, facsimile or other form of written communication notice that specifically refers to this Clause request Owners Clause, requests EE to discharge a quantity of cargo either without Bills of Lading and/or at a discharge place other than that named in a ▇▇▇▇ of Lading and/or that is different from the ▇▇▇▇ of Lading quantity, then Owners EE shall or shall procure discharge of such cargo in accordance with Charterers’ PREP A's instructions in consideration of receiving the following indemnity, which shall be deemed to be given by Charterers PREP A on each and every such occasion and which is limited in value to 200% of the CIF value of the cargo carried on boardoccasion:
(ia) Charterers PREP A shall indemnify Owners indemnity EE and Owners’ EE's servants and agents in respect of any liability liability, loss or damage of whatsoever nature (including legal costs as between attorney or solicitor and client and associated expenses) which Owners EE may sustain by reason of delivering such cargo in accordance with Charterers’ PREP A's request.
(iib) If any proceeding is commenced against Owners EE or any of Owners’ its servants or agents in connection with the Vessel having delivered cargo in accordance with such request, Charterers PREPA shall provide Owners EE or any of Owners’ EE's servants or agents from time to time on demand with sufficient funds to defend the said proceedings, provided that the costs of such proceedings are reasonable and properly incurred and that it is connnercially reasonable (having regard, amongst other things, to the prospects of EE succeeding in its defence) for EE to continue to defend the proceedings.
(iiic) If the Vessel or any other vessel or property belonging to Owners EE should be arrested or detained, or if the arrest or detention thereof should be threatened, by reason of discharge in accordance with Charterers’ PREP A's instruction as aforesaid, Charterers PREP A shall 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 Vessel vessel or property and Charterers PREP A shall indemnify Owners EE in respect of any loss, damage or expenses caused by such arrest or detention whether or not same may be justified.
(ivd) Charterers PREP A shall, if called upon to do so at any time while such cargo is in Charterers’ m PREP A's possession, custody or control, redeliver the same to OwnersEE.
(ve) As soon as all original Bills of Lading for the above cargo which: a) which name as discharge port the place where delivery actually occurred and, b) in the case of a negotiable ▇▇▇▇ of lading, entitle, either by consignment or endorsement, the party to whom the cargo was released to take delivery of said cargo, shall have arrived and/or come into Charterers’ PREP A's possession, Charterers PREP A shall produce and deliver the same to Owners EE whereupon Charterers PREP A liability hereunder shall cease. Provided ; provided however, if Charterers have PREP A has not received all such original Bills of Lading by 24.00 hours on the day thirty-six (36) 12 calendar months after the date of discharge, that then this indemnity shall terminate at that time unless before that time Charterers have such date PREP A has received from Owners’ written EE notice that aaathat:
(i) Some some person is making a claim, claim in connection with Owners EE delivering cargo pursuant to Charterers’ request PREP A's request, or, bbb
(ii) Legal legal proceedings have been commenced against Owners EE and/or carriers and/or Charterers PREP A and/or any of their respective servants or agents and/or the Vessel for the same reason. When Charterers have PREP A has received such a notice, then this indemnity shall continue in force until such claim or legal proceedings are settled. Termination of this indemnity shall not prejudice any legal rights a party may have outside this indemnity.
(vif) Owners EE shall promptly notify Charterers PREPA if any person (other than a person to whom Charterers PREPA ordered cargo to be delivered) claims to be entitled to such cargo and/or if the Vessel or any other property belonging to Owners EE is arrested by reason of any such discharge of cargo.
(vii) This indemnity shall be governed and construed in accordance with English law and each and any dispute arising out of or in connection with this indemnity shall be subject to 24.3 EE warrants that the jurisdiction master of the High Court of Justice of England.
(c) Owners warrant that the Master Vessel will comply with orders to carry and discharge against one or more duly endorsed Bills of Lading from a set of original non-negotiable Bills of Lading should Charterers PREP A so require. Once delivery has been completed against one ▇▇▇▇ .
24.4 The Parties acknowledge that Clause 24.2 is intended to allow the typical trading of lading, the others are maritime cargoes and is not intended to stand voidallow violation of any applicable law.
Appears in 1 contract
Sources: Time Charter Party and LNG Storage and Regasification Agreement