WHAT TO DO WHEN THE ORIGINAL BILL OF LADING IS LOST?
1.
2. If a negotiable bill of lading is lost, stolen, or
destroyed, a court order can be secured and this
court order advises the carrier (shipping line) to
deliver the goods to the actual and final receiver of
the cargo. In such cases, the carrier also should
receive an indemnity letter indemnifying the carrier
or any person injured by delivery, against liability
under the outstanding original bill. The court also
may order payment of reasonable costs and
attorney’s fees to the carrier.
3. Or in some cases, certain lines accept the indemnity if
it is signed by a bank who would then take joint
liability to return the original bills of lading (if found).
The indemnity generally has wording as below. Please
note that this is a “generic” format and most lines have
their own requirement.
4. “To the Owners and/or Charterers and/or operators and/or carrier
and/or Agents and Masters of M.V.
In consideration of your issuing at my/our request a duplicate set
of Bills of Lading for the goods mentioned below, viz.:
Goods: …………………………………………
No. of pkg.: …………………………………………
Description: …………………………………………
Marks: …………………………………………
Bill of lading or other contracts of carriage: …………………..
5. Due to the fact that the original set has been lost I/we hereby
agree and undertake to indemnify you and each of you from all
consequences of so doing, and I/we undertake to hold you and
each of you harmless and indemnified against any claims,
liability, losses, costs, charges, fine damages and expenses
(including any kind of legal expense) arising from in
consequence of or in any way connected to anybody claiming
delivery of the goods as owner or assignee or as the holder of
any Bill of Lading originally issued for these goods.
6. 1. In this connection I/we especially undertake to hold you and
each of you harmless and indemnified against any loss on
account of differences in rate of exchange or depreciation of
currency and/or depreciation of value and/or loss caused
by currency restrictions or exchange restrictions issued by any
authority. Furthermore, I/we undertake to produce and deliver
to you or each of you not only the duplicate set of Bills of
Lading but also all Bills of Lading which were originally issued if
these should, later on, be found.
7. 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 goods as aforesaid
to provide you or them from time to time with sufficient
funds to defend the same.
3. If the vessel or any other vessel or property belonging
to you should be arrested or detained or if the arrest or
detention thereof goods as aforesaid to provide you
or them from time to time with sufficient funds to defend
the same.
8. 4. as soon as all original Bills of Lading for the above
goods shall have arrived and/or come into our
possession, to produce and deliver the same to
you whereupon our liability hereunder shall cease.
5. 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
for this indemnity.
9. 6. This indemnity shall be construed in accordance
with English law and each and every person liable to
this indemnity shall at you request submit to
the jurisdiction of the High Court of Justice of
England. (This clause may be amended to show
another jurisdiction where appropriate).
7. Where this indemnity has been joined in and
countersigned by a bank, the issuer and the bank
shall be jointly and severally liable hereunder.
10. Signature …………….
We hereby join in the foregoing undertaking:
Signature of the bank …………………”
LOGICAL MARITIME SERVICES LIMITED
www.logicalmaritimegh.com
info@logicalmaritimegh.com
0303300877