INDEMNITY AND GUARANTEE FOR RE-USE AND RE-ROUTE CONTAINER
This indemnity is required in connection with your request made via trakking.com (the “Request”) on behalf of a trucking or drayage company (the “Trucking Company”) for the re-use and re-routing of one or more shipping containers (the “Containers”), provided by a shipping line which owns or controls the Containers (the “Shipping Line”).
By clicking “I agree” below, you agree, represent, and undertake, on behalf of and in the name of the Trucking Company, that:
- you possess full authority to execute this indemnity and guarantee, for and on behalf and in the name of the Trucking Company, whether as owner, director, officer, employee, or agent thereof or howsoever;
- you have carefully read and understand these terms;
- the Trucking Company accepts these terms;
- the Trucking Company shall indemnify the Shipping Line in respect of any liability, loss or damages of whatsoever nature as incurred while in its possession for the duration of the re-use and re-routing of the Containers as set out in the Request, including without limitation any periods during which third parties may load or unload cargo from the Containers;
- the Trucking Company Shall inform the Shipping Line immediately if any damage to the Containers is discovered upon its receipt of the Containers;
- that by accepting the Containers, the Trucking Company agrees to bear all damage to the cargo that it arranges to be placed in the Containers for export;
- upon cancellation of the Request, the Trucking Company shall:
- inform the Shipping Line of the cancellation of the Request right away; and
- transport any Container(s) in its possession to the end destination depot designated in the Request and bear the related cost arising therefrom at its sole expense;
- in the event of any proceeding being commenced against the Shipping Line or its servants or agents in connection with the Request, the Trucking Company shall defend and hold harmless the Shipping Line in relation to such proceeding, including but not limited to provision from time to time on demand with sufficient funds to defend the same;
- if a vessel or any other property belonging to the Shipping Line should be arrested or detained, or if the arrest or detention thereof should be threatened by reason of the Request, the Trucking Company 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
- indemnify the Shipping Line in respect of any loss, damage, or expenses caused by such arrest of detention whether or not the same may be justified.
- this indemnity shall be governed by and interpreted and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without reference to British Columbia’s conflict of law rules, and the parties attorn to the jurisdiction of the British Columbia and Canadian federal courts sitting in Vancouver, British Columbia.