Letter of Indemnity s4

LETTER OF INDEMNITY 附件 27 Shipper Request for Amendment to United States of America Customs Declaration

TO: ANL Container Line Pty Ltd Level 11, 30 Convention Centre Place, South Wharf, VIC 3006, Melbourne

[ANL Container Line Pty Ltd and its wholly owned subsidiary ANL Singapore Pte Ltd, and their affiliates and agents are collectively referred to herein as “ANL”]

This letter of Indemnity is dated and effective from the day of 20 (the “Effective Date”)

Details of Shipment

Shipper

Shipper’s full Company Name and Address Cargo Ship/Voyage Container(s) Bill(s) of Lading Consignee Port of Loading Port of Discharge

Dear Sirs,

The Shipper warrants that it has properly packed and secured the Cargo for shipment and consigned to the Consignee for loading at the Port of Loading and delivery at the Port of Discharge as per the above Details of Shipment.

We now request ANL to modify the Manifest Declaration made to the relevant Customs authority of the United States of America (“USA”) in accordance with the Table of Manifest Amendments attached to this Letter of Indemnity.

In consideration of your complying with our request we irrevocably agree and undertake as follows:

1. To indemnify, keep indemnified and hold harmless ANL, its servants, agents and contractors in respect of any actions, demands, loss and damage (including consequential loss and damage), suits, injunctions, orders, decrees, costs (including but not limited to legal costs) or expense of whatsoever nature which you may sustain by reason of your amending the Manifest Declaration and/or the Bill of

20110112 ANL Legal – LOI for amending US Customs Declaration Page 1 of 4 Lading in accordance with our request 2. In the event of any proceedings being commenced against ANL or any of your servants, agents or contractors in connection with, directly or indirectly, the transport of the Cargo or the amendments to the Manifest Declaration and/or the Bill of Lading in accordance with the Table of Manifest Amendments or for any non-compliance with USA regulations, we shall provide ANL or its servants, agents and contractors with sufficient funds to defend the same.

3. That if, in connection with the transport of the Cargo or the amendments to the Manifest Declaration and/or the Bill of Lading in accordance with the Table of Manifest Amendments, any ship or property in the same or associated ownership, management or control of ANL (the “Vessel”) is arrested or detained, or should arrest or detention of same be threatened, or should there be any interference in the use or trading of the Vessel whatsoever (including but not limited to caveat), we 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 the Vessel or to remove such interference and to indemnify ANL in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or interference, whether or not such arrest or detention or threatened arrest or detention or interference may be justified.

4. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon ANL proceeding first against any person, whether or not such person is party to or liable under this indemnity.

5. The obligations of each and every person under this indemnity shall be irrevocable and unconditional under any and all circumstances and shall not be subject to any reduction, offset, or deduction for any reason whatsoever.

6. That no statement relating to the contents, quality, description or value of the Cargo shall limit in any way our responsibilities and liabilities or exempt us from our responsibilities and liabilities in respect of meeting our obligations under the Bill of Lading.

7. This Indemnity shall be governed by and construed in accordance with the law in force in the State of Victoria, Australia and each and every person liable under this Indemnity shall at ANL’s request submit to the jurisdiction of the Victorian Courts. Notwithstanding any other provision in this clause 7, ANL at its sole option may bring any claim, action or proceeding whatsoever against the Shipper in a jurisdiction of its choosing.

Yours faithfully,

COMPANY OFFICIAL STAMP Name of Shipper

Signature of Shipper’s Authorised Signatory

Full Name of Shipper’s Authorised Signatory

Designation of Shipper’s Authorised Signatory

20110112 ANL Legal – LOI for amending US Customs Declaration Page 2 of 4 Shipper Instruction Indicate in the “Table of Manifest Amendments” those particulars of the manifest which require amendment. TABLE OF MANIFEST AMENDMENTS

Particular Current Details Amended Details Cargo gross weight Total number of packages Cargo volume Port of Discharge Final Place of delivery

Transhipment port Prepiad or Collect Cargo description

Port of loading Bill of lading number Type of packages Container number Container size and type Full or empty container Seal number Number and type of packages per commodity Gross weight per commodity Brief description of cargo Dangerous goods code (if hazardous) Dangerous good contact details Free form description of shipping marks

Shipper’s name and complete Address

Consignee’s name and Complete address

Notify party and Complete address

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