国外保函标准文本
TENDER GUARANTEE (投标保函)
GUARANTEE NO.
DATE OF ISSUE:
PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: WE (GUARANTOR)HAVE BEEN INFORMED
THAT ,(HEREINAFTER REFERRED TO AS “THE PRINCIPAL“),RESPONDING TO YOUR INVITATION TO TENDER NO.
DATED ON FOR THE SUPPLY OF (请填写货物或服务描述),HAS SUBMITTED TO YOU HIS OFFER NO. DATED .
FURTHER MORE, WE UNDERSTAND THAT, ACCORDING TO YOUR
CONDITIONS, OFFERS MUST BE SUPPORTED BY A TENDER GUARANTEE.
AT THE REQUEST OF THE PRINCIPAL,WE HEREBY IRREVOCABLY UNDERTAKE TO
PAY
YOU
AN
AMOUNT
NOT
EXCEEDING
IN
TOTAL
OF
(SAY: )AFTER RECEIPT BY US OF YOUR FIRST DEMAND IN WRITING STATING:
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE ;AND
2)THE AMOUNT YOU CLAIM ;AND
3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE TENDER CONDITIONS; AND
4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
5)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND
AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT(OR TESTED TELEX) MESSAGE TO US.
THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以不写。如果写的话,应填写中国城市)
ADVANCE PAYMENT GUARANTEE (预付款退款保函)
GUARANTEE NO.
DATE OF ISSUE:
PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS:
WE (THE GUARANTOR) HAVE BEEN INFORMED
THAT ,(HEREINAFTER CALLED “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO. DATED WITH YOU FOR THE SUPPLY OF (请填写货物或服务描述).
FURTHERMORE, WE UNDERSTAND THAT, ACCORDING TO THE CONDITIONS OF
THE
CONTRACT,AN
ADVANCE
PAYMENT
IN
THE
SUM
OF
IS TO BE MADE AGAINST AN ADVANCE PAYMENT GUARANTEE.
AT THE REQUEST OF THE PRINCIPAL, WE HEREBY IRREVOCABLY UNDERTAKE TO
PAY
YOU
AN
AMOUNT
NOT
EXCEEDING
IN
TOTAL
OF
(SAY: ) AFTER RECEIPT BY US OF YOUR FIRST DEMAND IN WRITING STATING :
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE AND
2)THE AMOUNT YOU CLAIM AND
3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE CONTRACT CONDITIONS; AND
4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
5)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT( OR TESTED TELEX) MESSAGE TO US.
THIS LETTER OF GUARANTEE SHALL BEE EFFECTIVE AS FROM THE DATE WHEN THE PRINCIPAL IS IN RECEIPT FROM THE BENEFICIARY OF THE ADVANCE PAYMENT REFERRED TO ABOVE ON HIS ACCOUNT NO. WITH US.
THE GUARANTEE AMOUNT SHALL BE AUTOMATICALLY REDUCED BY PERCENT OF THE INVOICE VALUE OF EACH SHIPMENT UPON EACH SHIPMENT OF THE GOODS.THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION TO
US BY THE PRINCIPAL OF COPI(ES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR LIABILITY UNDER THIS GUARANTEE HAS BEEN REDUCED. ( 贸易项下分批出货的预付款保函担保总金额通常根据出运发票金额乘以预付款比例递减。预付款比例等于预付款金额除以合同总金额。如为一次性出货则应删除本款 。)
THIS GUARANTEE SHALL EXPIRE ON OR UPON SHIPMENT OF THE GOODS WHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION BY THE PRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED.
ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE ITS EXPIRY AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律,应适用
中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以不写,则整条删除。如果写的话,应填写中国城市)
PERFORMANCE GUARANTEE (履约保函)
GUARANTEE NO.
DATE OF ISSUE:
PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: WE(THE GUARANTOR) HAVE BEEN INFORMED
THAT ,(HEREINAFTER CALLED “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO. DATED WITH YOU FOR THE SUPPLY OF (请填写货物或服务描述).
FURTHERMORE, WE UNDERSTAND THAT , ACCORDING TO THE CONDITIONS OF THE CONTRACT,A PERFORMANCE GUARANTEE IS REQUIRED.
AT THE REQUEST OF THE PRINCIPAL, WE HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU AN AMOUNT NOT EXCEEDING IN TOTAL OF (SAY: ) AFTER RECEIPT BY US OF YOUR FIRST DEMAND IN WRITING STATING :
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE AND
2)THE AMOUNT YOU CLAIM AND
3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE CONTRACT CONDITIONS; AND
4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
5)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT(OR TESTED TELEX) MESSAGE TO US.
THIS GUARANTEE SHALL EXPIRE ON OR UPON SHIPMENT OF THE GOODS WHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION BY THE PRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED.
ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE ITS EXPIRY AT OUR ADDRESS STATED ABOVE. UPON EXPIRY PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE WILL E INTO EFFECT FROM THE ISSUING DATE OF LETTER OF CREDIT IN FAVOR OF AND ACCEPTABLE TO THE PRINCIPAL AND SUBJECT TO A NOTICE THROUGH AUTHENTICATED SWIFT OR TESTED TELEX SENT BY US CONFIRMING SUCH DATE. (履约保函通常与信用证搭配使用且应与信用证同时生效。如果不通过信用证结算,则应该删除本款)
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT TO CHINA LAW OR URDG758 .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以删除。如果填写的话,应填写中国城市)
WARRANTY GUARANTEE (质量保函)
GUARANTEE NO.
DATE OF ISSUE:
PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: WE(THE GUARANTOR) HAVE BEEN INFORMED
THAT ,(HEREINAFTER CALLED “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO. DATED WITH YOU FOR THE SUPPLY OF (请填写货物或服务描述).
FURTHERMORE, WE UNDERSTAND THAT, ACCORDING TO THE CONDITIONS OF THE CONTRACT,A WARRANTY GUARANTEE IS REQUIRED.
AT THE REQUEST OF THE PRINCIPAL, WE HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU AN AMOUNT NOT EXCEEDING IN TOTAL OF (SAY: ) AFTER RECEIPT BY US OF YOUR FIRST DEMAND IN WRITING STATING:
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE AND
2)THE AMOUNT YOU CLAIM AND
3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE CONTRACT CONDITIONS; AND
4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
5)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT( OR TESTED TELEX) MESSAGE TO US.
YOUR DEMAND FOR PAYMENT MUST ALSO BE ACPANIED BY THE CERTIFICATE ISSUED BY (请明确填写检验机构名称、国家)CERTIFIYING THAT THE GOODS PROVIDED BY THE PRINCIPAL ARE NOT IN PLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT NO.
DATED .(请根据业务实际选择性使用本款。如不使用本款,请删除。)
THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以删除。如果写的话,应填写中国城市)
RETENTION MONEY GUARANTEE (留置金保函)
GUARANTEE NO.
DATE OF ISSUE:
PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: WE(THE GUARANTOR) HAVE BEEN INFORMED
THAT ,(HEREINAFTER CALLED “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO.____ DATED WITH YOU FOR THE SUPPLY OF (请填写货物或服务描述)
FURTHERMORE,WE UNDERSTAND THAT,ACCORDING TO THE CONDITOINS OF
THE
CONTRACT
,
RETENTION
MONEY
IN
THE
SUM
OF
COVERING THE PRINCIPAL’S WARRANTY OBLIGATINOS WILL BE RELEASED AGAINST A RETENTION MONEY GUARANTEE。
AT THE REQUEST OF THE PRINCIPAL ,WE HEREBY IRREVOCABLY
UNDERTAKE TO PAY YOU AN AMOUNT NOT EXCEEDING IN TOTAL OF (SAY: )AFTER RECEIPT BY US OF YOUR FIRST DEMAND IN
WRITING STATING :
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE AND
2)THE AMOUNT YOU CLAIM AND
3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE CONTRACT CONDITIONS; AND
4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
5)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT( OR TESTED TELEX) MESSAGE TO US.
IT IS A CONDITION FOR ANY CLAIM AND PAYMENT TO BE MADE UNDER THIS GUARANTEE THAT THE RETENTION MONEY PAYMENT REFERRED TO ABOVE
MUST HAVE BEEN RECEIVED BY THE PRINCIPAL ON HIS ACCOUNT NUMBER WITH US.
THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以删除。如果写的话,应填写中国城市)
INSTRUCTIONS TO CORESPONDENT BANK FOR THE ISSUE OF BANK GUARANTEE(S) (委托银行开立保函的反担保函)
仅列明其中一种格式
COUNTER-GUARANTEE FOR ISSUANCE OF TENDER GUARANTEE
(投标保函反担保函)
OUR REFERENCE NUMBER:
AT THE REQUEST OF ,PLEASE ISSUE ON OUR RESPONSIBILITY IN FAVOR OF YOUR GUARANTEE IN THE FOLLOWING WORDING:
QUOTE
GUARANTEE NO. DATE OF ISSUE: PRINCIPAL: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
WE HAVE BEEN INFORMED THAT ,(HEREINAFTER REFERRED TO AS “THE PRINCIPAL’’),RESPONDING TO YOUR INVITATION TO TENDER NO. DATED ON FOR THE SUPPLY OF (DESCRIPTION OF GOODS AND/OR
SERVICES),HAS SUBMITTED TO YOU HIS OFFER NO.
DATED . FURTHER MORE,WE UNDERSTAND THAT ,ACCCORDING TO YOUR CONDITONS,OFFERS MUST BE SUPPORTED BY A TENDER GUARANTEE.
AT THE REQUEST OF THE PRINCIPAL,WE ,XXXXXXXX BANK ,HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU ANY SUM OR SUMS NOT EXCEEDING IN TOTAL AN AMOUNT OF (SAY: )WITHIN DAYS UPON RECEIPT BY US OF YOUR FIRST DEMAND IN WRITING STATING:
1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE AND
2)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE TENDER CONDITIONS; AND
3)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND
4)THAT YOU HAVE FULFILLED YOUR OBLIGATION(S)IN ACCORDANCE WITH THE CONTRACT AND THUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THE BENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.
THE REFERENCE NUMBER AND ISSUING DATE OF OUR GUARANTEE MUST BE
QUOTED IN YOUR DEMAND IN WRITING.
THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT UNDER THIS GUARANTEE MUST BE RECEIVED BY US AT THIS OFFICE ON OR BEFORE THAT DATE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.
UNQUOTE
IN CONSIDERATION OF YOUR ISSUING YOUR GUARANTEE AS ABOVE ,WE , CHINA CONSTRUCTION BANK CORPORATION BRANCH, ADDRESS ,HEREBY ESTABLISH OUR IRREVOCABLE COUNTER-GUARANTEE IN YOUR FAVOUR AND UNDERTAKE TO PAY YOU ANY SUM
NOT
EXCEEDING
IN
TOTAL
AN
AMOUNT
OF
(SAY: ) AFTER RECEIPT BY US OF YOUR DEMAND THROUGH AUTHENTICATED SWIFT MESSAGE (OR TESTED TELEX ) QUOTING THE GUARANTEE REFERENCE NUMBER AND ISSUING DATE OF OUR COUNTER GUARANTEE AND STATING THAT YOU HAVE RECEIVED A DEMAND FOR PAYMENT UNDER YOUR GUARANTEE IN ACCORDANCE WITH ITS TERMS.
ATFER YOU ISSUING THE GUARANTEE, PLEASE DELIVER THE ORIGINAL GUARANTEE TO THE REPRESENTATIVE OF (请填写BENEFICIARY或者APPLICANT):NAME: TEL: FAX: PASSPORT NO: (请根据实际情况填写,可以删除)。
THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR ADDRESS STATED ABOVE. UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS GUARANTEE IS SUBJECT .(请填写适用的法律,应适用中国法或国际惯例).
PLEASE SEND US A COPY OF THE GUARANTEE YOUR GOOD BANK ISSUED FOR RECORD PURPOSES.
MERCIAL STANDBY LETTER OF CREDIT (付款备用信用证)
STANDBY L/C NO.
DATE OF ISSUE:
APPLICANT: (NAME AND ADDRESS)
BENEFICIARY: (NAME AND ADDRESS)
ISSUING BANK: (BANK NAME AND BRANCH NAME)
ISSUING BANK ADDRESS:_____________________ (BRANCH ADDRESS)
WE (THE ISSUING BANK) HAVE BEEN INFORMED
THAT ,(HEREINAFTER CALLED “THE APPLICANT”),HAS ENTERED INTO CONTRACT NO. DATED WITH
YOU(HEREINAFTER CALLED “THE BENEFICIARY”) FOR THE PURCHASE OF (请填写货物或服务描述).
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT BY ORDER AND FOR ACCOUNT OF THE APPLICANT CONVERING THE APPLICANT’S PAYMENT OBLIGATIONS UNDER THE ABOVE MENTIONED CONTRACT FOR AN AMOUNT NOT EXCEEDING IN AGGREGATE OF ONLY(SAY
_______________ONLY). THIS STANDBY LETTER OF CREDIT EXPIRES AT OUR ADDRESS STATED ABOVE ON .
THIS CREDIT IS AVAILABLE BY PAYMENT WITH THE ISSUING BANK AGAINST PRESENTATION TO US OF THE FOLLOWING DOCUMENTS WHICH MUST BE
PRESENTED THROUGH YOUR LOCAL BANK:
1)YOUR SIGNED DEMAND IN WRITING QUOTING OUR L/C NUMBER STATING THE AMOUNT YOU CLAIM AND STATING THAT YOU HAVE MADE THE SHIPMENT OF THE REQUIRED GOODS AND HAVE SUPPLIED THE REQUIRED DOCUMENTS TO THE APPLICANT ACCORDING TO THE CONTRACT AND REMAIN UNPAID FROM INVOICE DUE DATE.
2)COPY OF THE UNPAID INVOICE(S)
FOR THE PURPOSE OF IDENTIFICATION YOUR SIGNATURE(S) ON THE DEMAND IN WRITING MUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THIS EFFECT THROUGH AUTHENTICATED SWIFT( OR TESTED TELEX) MESSAGE TO US.
ALL CHARGES UNDER THIS L/C OUTSIDE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY.
UPON EXPIRY, PLEASE RETURN THE ORIGINAL L/C TO US. BUT THIS L/C WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL L/C IS RETURNED TO US OR NOT.
THIS L/C IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE ISSUING BANK.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS L/C IS SUBJECT TO .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以删除。如果写的话,应填写中国城市)
FINANCIAL STANDBY LETTER OF CREDIT(借款或融资备用信用证)
STANDBY L/C NO.
DATE OF ISSUE:
APPLICANT: (申请人名称和地址)
BENEFICIARY: (受益人/融资银行名称和地址)
ISSUING BANK: (我行分行名称)
ISSUING BANK ADDRESS:____________________ (我行分行地址)
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT AT THE REQUEST OF
(请填写申请人名称) IN YOUR FAVOR FOR AN AMOUNT NOT EXCEEDING IN
AGGREGATE ONLY (SAY ONLY) WHICH EXPIRES AT OUR ADDRESS STATED ABOVE ON . THIS CREDIT IS AVAILABLE BY PAYMENT WITH THE ISSUING BANK AGAINST YOUR DEMAND BY AUTHENTICATED SWIFT OR TESTED TELEX TO US STATING:
1)THE NUMBER AND DATE OF THE L/C UNDER WHICH THE CLAIM IS MADE AND
2)THE AMOUNT YOU CLAIM AND
3)THE NUMBER AND DATE OF THE LOAN AGREEMENT IN RELATION TO WHICH THE CLAIM IS MADE AND
4)THE AMOUNT YOU CLAIM REPRESENTS THE UNPAID BALANCE OF THE INDEBTEDNESS DUE TO YOU BY THE BORROWER (请填写被担保人即借款人的英文名称)UNDER THE LOAN AGREEMENT.
THIS STANDBY LETTER OF CREDIT WILL E INTO EFFECT ON THE EFFECTIVE DATE OF THE LOAN AGREEMENT SIGNED BETWEEN YOU AND THE BORROWER AND SUBJECT TO A NOTICE THROUGH AUTHENTICATED SWIFT OR TESTED TELEX SENT BY YOU TO US CONFIRMING SUCH DATE AND REFERENCE NUMBER OF SUCH AGREEMENT.
ALL CHARGES UNDER THIS L/C OUTSIDE ISSUING BANK ARE FOR ACCOUNT
OF THE BENEFICIARY.
MULTIPLE DRAWINGS ARE NOT ALLOWED.
THIS L/C IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE.
UPON EXPIRY, PLEASE RETURN THE ORIGINAL L/C TO US. BUT THIS L/C WILL BEE NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL L/C IS RETURNED TO US OR NOT.
THIS L/C IS SUBJECT TO .(请填写适用的法律,应适用中国法或国际惯例)
THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款,可以删除。如果写的话,应填写中国城市)
LETTER OF AMENDMENT TO (按实际情况选择L/G或SBLC)(保函(备用信用证)修改,仅提供修改保函有效期和保证金额格式)
1.直开保函:
TO_____________(THE “BENEFICIARY”):
IN ACCORDANCE WITH THE APPLICATION BY____________(THE “APPLICANT”), WE HEREBY AGREE TO AMEND THE (按实际情况选择L/G或SBLC)(NO.__ _____)(THE “ORIGINAL ”(按实际情况选择L/G或SBLC)) AS FOLLOWS:
1.THE NEW EXPIRY DATE SHALL BE READ AS:__ ______;(如无修改,可以删除)
2.THE NEW GUARANTEED AMOUNT SHALL BE READ AS:_______;(如无修改,可以删除)
THE PROVISIONS OF THE ORIGINAL (按实际情况选择L/G或SBLC), WHICH ARE NOT SUBJECT TO THE ABOVE AMENDMENT, SHALL REMAIN AND CONTINUE TO BE EFFECTIVE. THIS LETTER SHALL CONSTITUTE A VALID PART OF, AND HAVE THE SAME LEGAL FORCE AND EFFECT AS, THE ORIGINAL (按实际情况选择L/G或SBLC). YOU SHALL PRESENT THIS LETTER TOGETHER WITH THE ORIGINAL (按实际情况选择L/G或SBLC) WHEN YOU MAKE ANY CLAIM.
2.转开保函:
TO_____________(THE “RE-ISSUING BANK”):
IN ACCORDANCE WITH THE APPLICATION BY________________(THE
“APPLICANT”), WE HEREBY AGREE TO AMEND THE COUNTER (按实际情况选择L/G或SBLC)(NO._______)(THE “ORIGINAL ”(按实际情况选择L/G或SBLC)) AS FOLLOWS:
1.THE NEW EXPIRY DATE OF YOUR (按实际情况选择L/G或SBLC)SHALL BE READ AS:__ ______;(如无修改,可以删除)
2.THE NEW GUARANTEED AMOUNT OF YOUR (按实际情况选择L/G或
SBLC)SHALL BE READ AS:_______;(如无修改,可以删除)
3.THE NEW EXPIRY DATE OF OUR COUNTER (按实际情况选择L/G或SBLC)SHALL BE READ AS:__ ______;(如无修改,可以删除)
4.THE NEW GUARANTEED AMOUNT OF OUR COUNTER (按实际情况选择L/G或SBLC)SHALL BE READ AS:_______;(如无修改,可以删除)
THE PROVISIONS OF THE ORIGINAL (按实际情况选择L/G或SBLC), WHICH ARE NOT SUBJECT TO THE ABOVE AMENDMENT, SHALL REMAIN AND CONTINUE TO BE EFFECTIVE. THIS LETTER SHALL CONSTITUTE A VALID PART OF, AND HAVE THE SAME LEGAL FORCE AND EFFECT AS, THE ORIGINAL (按实际情况选择L/G或SBLC). YOU SHALL PRESENT THIS LETTER TOGETHER WITH THE ORIGINAL (按实际情况选择L/G或SBLC) WHEN YOU MAKE ANY CLAIM.
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