BY TELEGRAPHIC TRANSFER PAYABLE 60 DAYS AFTER B/L DATE (B/L DATE EXCLUSIVE) IN UNITED STATES DOLLARS IN FULL WITHOUT OFFSET, DISCOUNT OR ANY COUNTERCLAIM AGAINST SELLER’S COMMERCIAL INVOICE AND SHIPPING DOCUMENTS (FAX OR PDF FILE ACCEPTABLE), HOWEVER THE ORIGINAL DOCUMENT TO BE FOLLOWED. IF BUYER HAS NOT RECEIVED THE USUAL SHIPPING DOCUMENTS ON OR BEFORE THE DUE DATE, BUYER SHALL NEVERTHELESS MAKE PAYMENT UPON RECEIPT OF SELLER'S INVOICE AND SELLER'S LETTER OF INDEMNITY (PDF/E-MAIL/FAX LOI ACCEPTABLE) IN A FORMAT AS PER THE FOLLOWING:
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LETTER OF INDEMNITY
NO.LOI ………
DATE: ………
FROM: ………
TO : ………
WE, PTT PUBLIC COMPANY LIMITED, WITH RESPECT TO THE SALE OF .... ... (QUANTITY) ... ... U.S. BARRELS OF... ... .(MERCHANDISE) ... . ... BY PTT PUBLIC COMPANY LIMITED TO .....(BUYER)…… SHIPPED WITH M.T. ... ...... ON ... ... ... AND IN CONSIDERATION OF …..(BUYER) ……..PAYING TO PTT PUBLIC COMPANY LIMITED THE COUNTERVALUE OF THE SUBJECT GOODS AMOUNTING TO USD ... ... ... WITHOUT HAVING RECEIVED SHIPPING DOCUMENTS REQUIRED UNDER THE CONTRACT NO. ........ DATED ..... DO HEREBY GUARANTEE TO INDEMNIFY YOU AGAINST ANY AND ALL DIRECT LOSSES, COSTS AND ANY OTHER REASONABLE EXPENSES WHICH YOU MAY SUFFER OR THAT MAY ARISE BY REASON OF PAYMENT WITHOUT OUR PROVIDING SUCH SAID DOCUMENTS EXCEPT IN CASE THAT OUR FAILURE IS THE RESULT OF ANY ACT OR OMISSION ON THE PART OF ANY THIRD PARTY NOT UNDER OUR EMPLOYMENT.
IN ADDITION WE UNDERTAKE TO DELIVERY TO ......(BUYER).....THE SAID DOCUMENTS AS SOON AS THEY ARE AVAILABLE. THIS LETTER OF INDEMNITY AND THE COMMITMENTS CONTAINED HEREIN SHALL TERMINATE UPON OUR PRESENTATION OF THE AFORESAID DOCUMENTS AS ABOVE MENTIONED AND UPON SUCH TERMINATION THE ORIGINAL THEREOF SHALL BE PROMPTLY RETURNED TO US.
OUR OBLIGATIONS UNDER THIS LETTER OF INDEMNITY SHALL BE SUBJECT TO THE CONDITION THAT:
(1) YOU GIVE US PROMPT WRITTEN NOTICE OF THE ASSERTION OF ANY CLAIMS REFERRED TO ABOVE AND THAT WE HAVE FULL OPPORTUNITY TO PARTICIPATE IN THE PROCEEDING OR SETTLEMENT THEREOF, AND FURTHER THAT YOU DO NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN APPROVAL; AND