Deed · Maritime, Shipping & Transport
Letter of indemnity for delivery of cargo without production of the bill of lading
Deed of indemnity from a receiver (with optional bank joinder) to a carrier who delivers cargo without production of the original bill of lading, covering liability, defence costs, security for arrest and delivery of the bills when found.
- Kind
- Deed. A deed that must be executed as a deed.
- Where it applies
- Australia, New South Wales, United Kingdom (England and Wales)
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use when the original bills of lading are not available at discharge and the carrier agrees to deliver against an indemnity. Do not use to cover misdescription of cargo or to induce a clean bill for damaged goods; that may be unenforceable and expose the parties to fraud claims.
How AI may be used
AI can compare a counterparty's letter of indemnity with the client's standard wording and list departures, but accepting the indemnity and any bank counter-security are commercial and legal decisions for the lawyer and client.
AI may
- Compare the proposed wording with this precedent and the client's standard, and list every departure.
- Populate the cargo and voyage particulars from the bill of lading and charterparty for checking.
- Check that the named receiver and delivery port match the bill and the charterparty.
AI must not
- Must not advise whether to deliver without the bill or whether the indemnity is adequate.
- Must not assess the creditworthiness of the indemnifier or the bank.
- Must not alter the indemnity to cover misdescription or clausing issues.
The lawyer checks
- The carrier's P&I club has been consulted, because delivery without the bill is commonly outside P&I cover.
- The indemnifier has the capacity and creditworthiness to meet the indemnity, or a bank has joined.
- The person taking delivery is the person the bill holder would want to receive the cargo, and there is no competing claim.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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