8/18/2019 Draft Loi Wording - Discharge in Rain

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DRAFT LOI WORDING

Discharging in the rain

Charterers’ Letter Head

To: The Owners of the [Insert Vessel Name]Date: !!!!!!

Dear Sirs,

"hi#$ [Insert Vessel Name] %&the Vessel'(

C) date$ !!!!!!!!!!!

We have delivered to you the under-mentioned cargo on board for shipment on the Vessel

named !!!!"" for discharge at #ianyungang, $hina"

%A(

*+L D,"CRI)TION"$ *+L N-.*,R$

*+L DAT,$

CO..ODIT/$

0-ANTIT/$

"HI)),R$

CON"IGN,,$

D,"TINATION$

%*(

*+L D,"CRI)TION"$*+L N-.*,R$

*+L DAT,$

CO..ODIT/$

0-ANTIT/$

"HI)),R$

CON"IGN,,$

D,"TINATION$

%&the Carg1'(

We understand that you are in all respects ready to discharge the $argo but due to theweather conditions you are unable to discharge without e%posing the $argo to possible

damage"

We re&uest that, despite the weather conditions, the Vessel discharge the $argo and in

doing so we waive $harterers'(ecievers) right to advance a claim for cargo damage"

8/18/2019 Draft Loi Wording - Discharge in Rain

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*urther, in consideration of your complying with our above re&uest, we hereby agree as

follows:

+" To fully indemnify you, your servants and agents and to hold all of you harmless in

respect of any liability, loss, damage, or e%pense of whatsoever nature whether direct,

indirect or conse&uential which you may sustain by reason of the Vessel complying withour re&uest and hold you harmless in respect of any loss or damage of whatsoever nature

which you may sustain by reason of the Vessel doing so even if any such liability, loss,

damage or e%penses is solely caused by act or neglect of your servant or agents"

" To pay you on demand the amount of any loss or damage of whatsoever nature which

the Vessel, the master and'or agent of the vessel and'or any other of your servants or

agents whatsoever may incur as a result of the Vessel complying with our re&uest"

" .n the event of any proceedings being commenced against you or any of your servants

or agents in connection with or as a conse&uence of the Vessel complying with our

re&uest, to provide you or them on demand with sufficient funds to defend the same"

/" .f, in connection with or as a conse&uence of the Vessel complying with our re&uest,the Vessel, or any other vessel 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 thevessel 0whether by virtue of a caveat being entered on the ship1s registry or otherwise

howsoever2, to provide on demand such bail or other security as may be re&uired to

 prevent such arrest or detention or to secure the release of such vessel or property or to

remove such interference and to indemnify you in respect of any liability, loss, damage or e%pense 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 3ustified"

4" The liability of each and every person under this indemnity shall be 3oint and several

and shall not be conditional upon your proceeding first against any person, whether or notsuch person is party to or liable under this indemnity"

5" This indemnity shall be governed by and construed in accordance with

6nglish law and each and every person liable under this indemnity shall at your re&uest submit to the 7urisdiction of the 8igh $ourt of 7ustice of 6ngland"

9ours faithfully

[Charterers]