Evergreen - Loi

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print this document under CONSIGNEE company letterhead

IRREVOCABLE LETTER OF INDEMNITY & GUARANTEE


(FOR DELIVERY ORDER RELEASE AGAINST EMAIL RELEASE OR SEAWAY BILL OF
LADING)

TO : Evergreen Marine Corp. (Malaysia) Sdn Bhd with registered address at No. 7, Jalan Jurutera U1/23,
Section U1, Hicom Glenmarie Industrial Park, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia
on behalf of Evergreen Line, a joint service consisting of Evergreen Marine Corp. (Taiwan) Ltd.,
Evergreen Marine (UK) Ltd., Italia Marittima S.p.A., Evergreen Marine (Hong Kong) Ltd., Evergreen
Marine (Asia) Pte. Ltd., and Evergreen Marine (Singapore) Pte. Ltd. and/or your
servants/offices/agents and/or the vessel owner/provider/operator

VESSEL NAME / VOYAGE NO. : example - PONTRESINA / 1435-005N


BILL OF LADING NUMBER : example - EGLV 091330398184
SHIPPER FULL NAME : example - ABC SDN BHD
CONSIGNEE FULL NAME : example - XYZ, INC
NOTIFY PARTY FULL NAME : example - XYZ, INC
CONTAINER NUMBER : example - FSCU4503717

AUTHORIZED FORWARDING AGENT FOR DELIVERY ORDER COLLECTION


COMPANY NAME : example - CDE SDN BHD
COMPANY REGISTRATION NO : example - 78905-W
COMPANY ADDRESS : example - NO. 88 , JALAN XYZ, SHAH ALAM, SELANGOR,
MALAYSIA
OFFICE TELEPHONE NO. : please specify
OFFICE FAX NO. : please specify
MOBILE PHONE NO. : please specify
PERSON-IN-CHARGE : please specify
PORT LEDGER CODE : please specify (for Johor Port Berhad)
please specify (for Tanjung Perlepas Port Sdn Bhd)

The above goods were shipped and consigned to Messrs. [PLEASE SPECIFY CONSIGNEE FULL
COMPANY NAME TO BE STATED] under Email Release or Seaway Bill of Lading.

We hereby authorized you to release Carrier’s Delivery Order (D/O) document to our above appointed
Forwarding Agent without production of the Bill(s) of Lading / Document(s) of Title or to such party as you
believe to be or to represent, or to be acting on behalf of the CONSIGNEE at destination.

Should the named CONSIGNEE is an individual name, a copy of NRIC/Passport shall be provided as
supporting document under this irrevocable letter of indemnity & guarantee to facilitate in Delivery Order
(D/O) release.

We fully understand and accept that such request is solely for our benefit and convenience and also
understand and accept all the risks which may arise from such release, including but not limited to all the
commercial disputes or wrongful delivery of cargo to the named party which you normally can be protected by
releasing the cargo upon production of the original Bill of Lading.

In consideration of your compliance with our above request, we hereby confirm that we agree to undertake
full responsibility as follows:-

1. To irrevocably and unconditionally indemnify you, your servants and agents and to hold all of you
harmless in respect of any liability, loss, damage, expenses or costs (including all legal costs) of
whatsoever nature which you may sustain by reason of delivering the goods to manifested Consignee
name as (PLEASE INSERT CONSIGNEE FULL COMPANY NAME TO BE STATED) in accordance
with our request.

2. To refrain from commencing legal proceedings or arbitration or whatsoever against you for delivering the
cargo to any third parties once shipment arrival notice has been duly issued to the Notify Party pursuant
to any local practice and regulation applicable at the discharge port.

3. In the event of any proceedings being commenced against you or any of your servants or agents in
connection with the delivery of the goods as aforesaid to provide you or them from time to time with

LOI & Guarantee For Delivery Order Release Against Email Release or Seaway Bill of Lading Page 1 of 2
sufficient funds to defend the same.

4. If we have issued our own House Bill of Lading in the capacity of a Non-Vessel Operating Common
Carrier (“NVOCC”) or freight forwarder, we warrant that all original House Bill of Lading for the above
cargo shall be surrendered to us before releasing cargo.

5. If the vessel or any other vessel or property belonging to you should be arrested or detained or if the
arrest or detention thereof should be threatened, to provide 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 to indemnify
you in respect of any loss, damage, expenses or costs (including all legal costs) caused by such arrest or
detention whether or not the same may be justified.

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. You shall have a lien on our cargo, any document or freight thereto in respect of all sums due from us
whether or not related to this irrevocable letter of indemnity & guarantee. You may exercise such lien, at
any time and in any place at your sole discretion.

8. This indemnity shall be governed by and construed in accordance with the laws of England and any
dispute arising out of this indemnity shall be submitted to jurisdiction of the High Court of London,
England. Notwithstanding anything else contained above, this Law and Jurisdiction Clause is solely for
the Beneficiary’s benefits and the Beneficiary reserves the right to bring any action before any competent
jurisdiction at its sole and absolute discretion.

9. Notwithstanding any stamped, written or attached wording or statement, the undersigned further
undertake and agree that nothing relating to the contents, quality, quantity, weight, number, marks and/or
value of the goods inserted herein shall limit in any way our joint and several liability hereunder.

Company : specify Company Full Name

Authorized Signatory : to be signed by authorized Company Director


Full Name : specify Full Name of above Authorized Signatory
Designation : specify Full Designation of above Authorized Signatory
Date : specify date in DD-MMM-YYYY format

Company Stamp : endorse with Company stamp

FORM NO. DOC-EGM-005-01 (20210701)

LOI & Guarantee For Delivery Order Release Against Email Release or Seaway Bill of Lading Page 2 of 2

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