付款保函PAYMENT GUARANTEE BY BUYER
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国际结算英语词汇整理Chapter 1国际结算是指国际间由于政治、经济、文化、外交、军事等方面的交往或联系而发生的以货币表示的债权债务的清偿行为或资金转移行为。
International payments and settlements are financial activities conducted among different countries in which either payments are effected or funds are transferred from one country to another for the purpose of settling accounts,debts,claims,etc.结算settlement交割delivery清算clearing有形贸易visible trade无形贸易invisible trade电子数据交换系统electronic data interchange EDI国际商会International Chamber of Commerce ICC结算方式:《跟单信用证统一惯例》Uniform Customs and Practice for Documentary Credits,ICC Publication No.600 即UCP600 国际商会第600号出版物《托收统一规则》Uniform Rules for Collections URCS22《见索即付保函统一规则》The Uniform Rules for Demand Guarantees, ICC Publication No.458,1992 Edition URDG458《银行间偿付办法》Bank to Bank Reimbursements《合约保函统一规则》Uniform Rules for Contract Guarantees单据:《海牙规则》Hague Rules《汉堡规则》Hamburg Rules《联合运输单证统一规则》Uniform Rules for a Combined Transport Documents《伦敦保险协会货物保险条款》Institute Cargo Clauses ICC贸易术语trade terms交货临界点critical point of the delivery风险临界点critical point of the risk费用临界点critical point of the cost《国际贸易术语解释通则》Incoterms 2000见下表。
外贸英语中的付款条件中英对照Letter of Credit Payment Terms in Foreign TradeIn international trade, payment terms play a crucial role in ensuring a smooth transaction between the buyer and the seller. One commonly used method of payment is a Letter of Credit (LC), which provides security for both parties involved. This article aims to provide a comprehensive comparison of payment terms commonly found in foreign trade contracts, specifically focusing on LC payment terms, and their relevant English translations.1. 支付方式 (Payment Methods)a. 信用证支付 (Letter of Credit Payment)b. 货到付款 (Cash on Delivery)c. 预付款 (Prepayment)d. 电汇 (Wire Transfer)e. 承兑汇票 (Acceptance Draft)2. L/C中的支付条件 (Payment Terms in LC)a. 付款金额 (Amount of Payment)- 不可撤销信用证 (Irrevocable Letter of Credit)- 可撤销信用证 (Revocable Letter of Credit)b. 付款期限 (Payment Deadline)- 付款期限 (Payment Deadline)- 有利可图关闭日期 (Beneficiary's Option Closing Date) c. 付款方式 (Method of Payment)- 见单即付 (Sight Payment)- 延期付款 (Deferred Payment)d. 付款凭证 (Payment Documentation)- 提单 (Bill of Lading)- 商业发票 (Commercial Invoice)- 保险单据 (Insurance Documents)e. 特殊付款方式 (Special Payment Terms)- 分批付款 (Partial Payment)- 保函付款 (Payment by guarantee)3. 英译 (English Translations)a. 不可撤销信用证 (Irrevocable Letter of Credit)b. 可撤销信用证 (Revocable Letter of Credit)c. 付款期限 (Payment Deadline)d. 有利可图关闭日期 (Beneficiary's Option Closing Date)e. 见单即付 (Sight Payment)f. 延期付款 (Deferred Payment)g. 提单 (Bill of Lading)h. 商业发票 (Commercial Invoice)i. 保险单据 (Insurance Documents)j. 分批付款 (Partial Payment)k. 保函付款 (Payment by guarantee)4. 实例应用 (Example Applications)a. 卖方向买方开出不可撤销信用证 (Seller Issues an Irrevocable Letter of Credit to the Buyer)b. 买方提前支付货款 (Buyer Prepays the Goods)c. 买方选择延期付款 (Buyer Chooses Deferred Payment)d. 分批付款的情况 (Scenario of Partial Payment)In foreign trade, understanding and correctly utilizing different payment terms is essential for a successful transaction. Through the comparison of payment terms in both Chinese and English, this article aims to provide a comprehensive reference for individuals involved in international trade. By carefully considering the payment method and its specific terms, buyers and sellers can establish a mutually beneficial agreement and eliminate potential risks.。
履行中的付款保证和担保方式在商业交易和合同签署过程中,付款保证和担保是确保交易双方利益的重要方面。
付款保证和担保方式,旨在提供对交易款项的安全保障,确保履行中的付款责任得以有效履行。
本文将探讨几种常见的履行中的付款保证和担保方式。
一、保函(Guarantee)保函是最常见的付款保证和担保方式之一。
保函是银行或保险公司代表申请人向受益人发出的书面保证,承诺在特定条件下支付一定金额以履行付款义务。
保函通常要求在特定期限内有效,同时确保支付金额与交易金额相符。
对于受益人而言,保函是一种较为可靠的担保方式,因为它直接与银行或保险公司有关。
二、信用证(Letter of Credit)信用证是国际贸易中广泛使用的付款保证和担保方式。
信用证由买方的银行发出,向卖方的银行承诺在卖方提供符合信用证规定的文件后支付款项。
信用证确保了买方在付款前能够获得商品或服务,并确保卖方能够获得支付款项。
信用证的使用可以减少交易双方之间的不信任和风险。
三、预付款(Advance Payment)预付款是一种在履行前提供的付款保证和担保方式。
在某些情况下,买方可能要求提前支付一部分或全部货款作为预付款。
预付款确保了卖方在交货之前能够获得款项,同时也为买方提供了一定的保证,确保卖方能够按照合同要求交付商品或提供服务。
四、保理(Factoring)保理是一种将应收账款转让给保理公司的付款保证和担保方式。
卖方将应收账款出售给保理公司,保理公司提前支付给卖方一定比例的款项。
卖方通过保理公司来确保能够及时收到款项,同时减少自身的风险和手续费用。
五、信用保险(Credit Insurance)信用保险是一种用于保障交易中的付款风险的保险方式。
买方或卖方可购买信用保险,以确保在交易中遭受资金损失时能够得到补偿。
信用保险可以提供保证,给参与交易的各方提供信心和保障。
总结:在履行中的付款保证和担保方式中,保函、信用证、预付款、保理和信用保险是常见的选择。
参考资料:《国际结算》相关术语中英文对照国际结算 International Settlement有形贸易 Visible Trade无形贸易 Invisible Trade洗钱 Money Laundering支付协定 Payment Agreement国际结算制度 System of International Settlement支付系统 Payment System代表处 Representative Office代理处 Agency Office海外分、支行(境外联行) Overseas Sister Bank/Branch,Subbranch 代理银行 Correspondent Banks附属银行(子银行) Subsidiary Banks联营银行 Affiliated Banks银团银行 Consortium Bank票据 Instrument设权性 Right to Be Paid无因性 Non causative Nature要式性 Requisite in Form流通性 Negotiability可追索性 Recoursement基本当事人 Immediate Parties附属当事人 Remote Parties出票人 Drawer付款人 Payer,Drawee收款人 Payee背书人 Endorser被背书人 Endorsee持票人 Holder承兑人 Acceptor保证人 Guarantor汇票 Bill of Exchange限制性抬头 Restrictive Order指示性抬头 Demonstrative Order持票来人抬头 Payable to Bearer出票日期 Date of Issue出票人签字 Signature of the Drawer出票地点 Place of Payment付款地点 Place of Payment付款日期 Tenor见票即付 At Sight or on Demand定日付款 At a Fixed Date见票后定期付款 At a Fixed Period after Sight出票后定期付款 At a Fixed Period after Date付一不付二 Pay This First/Second Bill担当付款人 Person Designated as payer预备付款人 Referee in Case of Need必须提示承兑 Presentment for Acceptance Required 不得提示承兑 Acceptance Prohibited付对价持票人 Holder for Value正当持票人Holder in Due Course/Bona Fide Holder 银行汇票 Banker’s Draft商业汇票 Trade Bill承兑汇票Acceptance Bill银行承兑汇票 Banker’s Acceptance Bill商业承兑汇票 Trade’s Acceptance Bill即期汇票 Sight Draft ,Demand Draft远期汇票 Time Bill, Usance Bill光票 Clean Bill跟单汇票 Documentary Bill本票 Promissory Note商业本票Promissory Note银行本票 Cashier’s Order/Check国际汇票 Overseas Money Order支票 Cheque or Check出票 Issue背书 Indorsement承兑 Acceptance保证 Guarantee保付 Certified to Pay提示 Presentation付款 Payment拒付 Dishonour追索 Recourse顺汇 Remittance逆汇 Reverse Remittance汇款人 Remitter汇出行 Remitting Bank汇入行 Paying Bank收款人 Payee电汇 Telegraphic Transfer信汇 Mail Transfer票汇 Remittance by Banker’s Demand Draft预付货款 Payment in Advance货到付款 Payment after Arrival of the Goods托收 Collection委托人 Principal托收行 Remitting Bank代收行 Collecting Bank付款人 Drawee提示行 Presenting Bank托收申请书 Collection Application托收委托书 Collection Advice信用证 Letter of Credit议付行 Negotiating Bank偿付行 Reimbursing Bank开证申请人Applicant开证行 Issuing Bank受益人 Beneficiary通知行 Advising Bank保兑行 Confirming Bank付款行 Paying Bank光票信用证 Clean Credit跟单信用证 Document Credit不可撤销信用证Irrevocable Credit可撤销信用证 Revocable Credit保兑信用证 Confirmed Credit不保兑信用证 Unconfirmed Credit即期付款信用证 Sight Payment Credit延期付款信用证 Deferred Payment Credit承兑信用证 Acceptance Credit转让信用证 Transferable Credit不可转让信用证 Nor-transferable Credit背对背信用证 Back to Back Credit循环信用证 Revolving Credit预支信用证 Anticipatory Credit银行保函 Letter of Guarantee申请人 Applicant/Principal受益人 Beneficiary担保行 Guarantor Bank通知行 Advising Bank转开行 Reissuing Bank反担保行 Counter Guarantor Bank保兑行 Confirming Bank投标保函 Tender Gurantee履约保函 Performance Gurantee预付款保函 Advanced Payment Gurantee质量保函Quality Gurantee关税保付保函 Customs Gurantee付款保函 Payment Gurantee延期付款保行 Defeerd Payment Gurantee补偿贸易保函 Compensation Gurantee来料加工保函 Processing Gurantee租赁保函 Lease Gurantee借款保函 Loan Gurantee保释金保函 Bail Bond票据保付保函Gurantee For Bill费用保付保函 Payment Gurantee for Commission 备用信用证 Stand-by Letter of Credit单据 Documents商业发票 Commercail Invoice首文 Heading正文Body海关发票 Customs Invoice形式发票 Proforma Invoice领事发票 Consular Invoice样品发票 Sample Invoice广商发票 Manufacturer Invoice证实发票 Certified Invoice货物运输单据 Transport documents海运提单Marine Bill of Loading托运人 Shipper/Consignor承运人 Carrier收货人 Consignee受让人 Transferee or Assignee已装船提单 Shipped on Board待运提单 Received for Shipment直达提单Direct B/L转船提单 Transshipmen B/L联运提单 Through B/L清洁提单 Clean B/L不清洁提单 Unclean B/L记名提单 Straight B/L不记名提单 Open B/L指示性提单 Order B/L简式提单 Short Form B/L全式提单 Long Form B/L班轮提单 Liner B/L租船提单 Charter B/L运输代理行提单 Horse B/L过期提单 Stale B/L倒签提单Anti-dated B/L集装箱运输提单 Container B/L多式运输 Multimodal Transport多是运输单据Multimodal Transport Document不可流通转让的海运单 Non-negotiable Sea Waybill租船合约提单 Charter Party Bill of Lading航空运单 Airway Bill基本险 Chief Risk一般附加险 Additional Risk特殊附加险 Special Additional Risk保险单 Insurance Policy预约保险单Open Policy of Open Cover保险凭证 Insurance Certificate保险声明 Insurance Declaration联合凭证 Combined Certificate暂保单 Cover Note商品验证说明 Inspection Certificate产地证明书 Certificate of Origin包装单据 Packing Document装货箱 Packing List重量单 Weight List打包贷款 Packing Credit/Loan出口押汇 Outward Bill质押书 Letter of Hypothecation出口托收押汇 Advance against Documentary Collection 银行承兑 Bank’s Acceptance票据贴现 Bill Discount出口发票 Invoice Discounting进口开证额度 Limits for Issuing of Credit信托收据 Trust Receipt, T.R, T/R留置权书 Letter of Lien进口押汇 Inward Bills进口信用证押汇 Inward Bill Receivables买房远期信用证 Buyer’s Usance L/C提货担保 Delivery against Bank Guarantee国际保理 International Factoring销售分户账管理 Maintenance of The Sales Ledger债款回收 Collection from Debtors信用销售控制 Credit Control坏账担保 Full Protection Against Bad Debts贸易融资 Trade Financing福费廷 Forfaiting贴现率 Discount Rate承诺费 Commitment Fee利息补贴 Interest Make-up侨汇 Overseas Chinese Remittance外币兑换业务 Exchange of Foreign Currency旅行支票 Traveler’s Cheque信用卡 Credit Card万事达卡 Master Card维萨卡 VISA Card运通卡 American Express Card大莱卡 Diners Club Car国际贸易结算:以票据为基础,单据为条件,银行为中枢,结算与融资相结合的非现金结算体系。
付款保函范本1.付款保函格式PaymentGuarantee付款保函是指担保银行应买方的申请而向卖方出具的,保证买方履行因购买商品、技术、专利或劳务合同项下的付款义务而出具的书面文件。
付款保函应买方、业主等申请,向卖方、施工方保证,在卖方、施工方按合同提供货物、技术服务及资料或完成约定工程量后,如买方、业主不按约定支付合同款项,则银行接到卖方、施工方索偿后代为支付相应款项。
付款保函的格式:应开证行的要求,由信用证开证申请人的担保人按照开证行要求的格式填写的,保证如果开证申请人不能够履行信用证付款义务,其担保人将承担付款责任的文件。
付款保函中国XX银行大连分行:对于____________________公司在你行申请开立的____________号信用证,信用证金额为__________________,我公司为其提供付款担保如下:如该公司未能在规定的期限内履行该信用证项下的付款义务,则我公司保证在接到你行书面通知后的五个工作日内,将应付款项连同迟付利息全部划归你行。
本保函项下我公司的担保金额为上述信用证金额。
即___________(大写)_______________________。
但如果该证发生增额或减额修改,则担保金额亦随之增减。
本保函是一种连续担保和赔偿的保证,不受担保公司接受上级单位任何指令或同其它单位签订任何协议、文件的影响,也不因为担保人是否破产、丧失清偿能力或企业资格,更改组织章程以及关、停、并、转等变化而有任何改变。
本担保人是经上级主管部门批准成立,由工商行政管理部门发给营业执照的法人,有足够的财产作保证,保证履行本保函项下的义务。
本保函自出具之日起生效,至信用证项下应付款项全部付清后自动失效。
法人代表:担保单位(公章)年月日2.付款保函怎么写中国XX银行北京分行:对于____________________公司在你行申请开立的____________号信用证,信用证金额为__________________,我公司为其提供付款担保如下:如该公司未能在规定的期限内履行该信用证项下的付款义务,则我公司保证在接到你行书面通知后的五个工作日内,将应付款项连同迟付利息全部划归你行。
总则:全部根据采购商与供货商之间多次协商后双方在国际贸易购销付款问题达成全面共识并双方同意使用开银行支付保函:第一条:银行支付保函要求与条件:1-1、可转让1-2、加保险1-3、不可撤销1-4、保兑行1-5、加签第二条:采购商给供货商银行支付保函条件如下:2-1、根据双方合同中规定质量标:如供货商销售给采购商的产品质量出现不达标准情况时采购商有权不支付货款。
2-2、根据双方合同规定产品质量未能达标合同中规定的质量标准时双方可以在一次协商订价后供货商同意销售给采购上新的价格时同样成交新的价格。
2-3、经双方规定采购商在质量标准符合,合同中质量标准时不得砍价、也不可讨价还价并且如实、如数支付货款。
如采购商违反规定,承担全部违约责任。
第三条:可转让银行保函有效期规定。
3-1、采购商在付款银行保函有效期内不得撤销或者转移保函全部金额。
3-2、银行支付保函根据接收货物质量检验分析后向支付银行通知并向收款行传递、快递形式寄出结算通知书。
3-3、银行支付保函有效期一般设定在60日。
中国脉星国际商贸营销有限公司所有版权总则:全部根据采购商与供货商之间多次协商后双方在国际贸易购销付款问题达成全面共识并双方同意使用开银行支付保函:General rules: all according to the purchaser to the supplier after consult ation between both parties many times in international trade purchasing a nd selling the payment problem a comprehensive consensus and both part ies agree to use open pay bank guarantee:第一条:银行支付保函要求与条件:Article 1: pay bank guarantee requirements and conditions:1-1、可转让1-1, can be transferred1-2、加保险1-2, and insurance1-3、不可撤销1-3, irrevocable1-4、保兑行1-4, the confirming bank1-5、加签1-5, the signature of第二条:采购商给供货商银行支付保函条件如下:Article 2: the purchaser to the supplier pay bank guarantee conditions as follows:2-1、根据双方合同中规定质量标:如供货商销售给采购商的产品质量出现不达标准情况时采购商有权不支付货款。
非融资性保函操作指引保函(BANK GUARANTEE)是指开立保函的银行对于保函被担保人的违约按照保函的约定不可撤销地对保函受益人支付保函金额的一种承诺。
非融资性保函(含备用信用证,下同)是银行对外担保业务的重要组成部分,是除融资性保函以外的其他对外担保形式。
有别于融资性保函,它有真实的贸易背景,同时有不受外债余额指标控制的优点,同样可带来保证金存款和外汇中间业务收益,是近年来X行积极推广的业务产品。
一、非融资性保函的主要运作图二、业务优势(一)客户方面1.保证保函受益人在履行了合约义务后,能得到其所应得到的合同价款的权利,从而保障双方交易合同的顺利签订和履行。
2.保函申请人可获得银行提供境外承包工程项下的全流程服务,减少缴纳现金保证金引起的资金占用。
3.降低操作风险,减少贸易纠纷。
银行保函是独立的承诺且是单证化的交易业务,条款清楚,操作简单,能避免和减少合同项下违约事项的频繁发生,避免为解决争端而引起诉讼或仲裁的麻烦及费用开支。
(二)银行方面1.增加外汇中间业务收入。
2.增加保证金存款。
开立保函一般需交纳5%-100%不等的保证金。
3.带来保函业务量。
三、适用对象(一)具有对外工程承包资质的外向型企业。
(二)进口贸易中,对外付款或延期付款的进口型企业。
(三)超远期(一年以上)出口贸易中,需开立预付款保函的出口型企业。
四、申请办理非融资性保函的客户需具备的条件(一)在XX银行开立基本账户或一般存款账户。
(二)按XX银行信用等级评定标准,信用等级在BBB-级(含)以上。
(三)无不良信用记录,船舶建造或工程承包项下保函客户应具备相应的行业资格和经验。
(四)经营情况、财务状况良好。
(五)能够提供符合XX银行规定要求的保证金及反担保。
办理低信用风险涉外保函业务可以不受上述(一)(二)条的限制。
五、主要非融资性保函的种类介绍非融资性保函按其具体用途分为出口保函、进口保函。
(一)出口保函指银行应国际贸易中的出口方的申请,向进口方开立的、用以担保前者履行投标合同或贸易合同项下相关义务。
附件四:对外保函参考格式一、付款保函PAYMENT GUARANTEETo:(Name And Address Of The Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that (Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No.(Contract Number) dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).Furthermore, we understand that, according to the conditions of the contract, a payment guarantee is required.At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch)Branch,(Address Of The Branch), hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures) (say: Amount In Words) plus interest at (Agreed Percentage) % p.a. accrued on a 360 days basis calculated as from (Agreed Date) up to (Agreed Date), within (agreed Number Of Days) business days upon receipt of your first written demand stating that the Applicant is in breach of his payment obligation(s)under the underlying contract and the respect in which the applicant is in breach..Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)1.2.The amount of this Guarantee will be automatically reduced in proportion to the sum or sums plus interest already paid.This payment guarantee shall become effective from issuing date and shall expire on (Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH二、预付款保函ADV ANCE PAYMENT GUARANTEETo:(Name And Address Of Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that (Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No.(Contract Number)dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).Furthermore, we understand that, according to the conditions of the contract, an advance payment in the sum of(Amount In Figures)is to be made against an advance payment guarantee.At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch)branch,(Address Of The Branch),hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures)(say:Amount In Words) (representing (Agreed Percentage)% of the contract price) within (Agreed Number OF Days) days upon receipt of your first written demand stating that the Applicant is in breach of his obligation(s)under the underlying contract.Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)1.2.3.This Guarantee shall become effective from the date that the said advance payment has been credited to the Applicant’s account with our Bank and shall expire on (The Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCHBID BOND/TENDER GUARANTEETo:(Name and Address of Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that(Name Of The Applicant)(hereinafter ca11ed the Applicant), in response to your invitation to the bid No. (Bid Number) dated (Date Of The Bid) for (Description Of Goods And/Or Services Or Project), has submitted to you his offer No.(Number Of The Offer)dated (Date Of The Offer)(hereinafter called the offer).Furthermore, we understand that, according to your conditions, offers must be supported by a Bid Bond/Tender Guarantee.We, Industrial and Commercial Bank of China(Name Of The Branch)Branch, (Address Of The Branch), at the request of the Applicant, hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures)(say: Amount In Words)(representing (Agreed Percentage)% of the bid value) within (Agreed Number Of Days) Business Days upon receipt of your first written demand stating:a.The Applicant has withdrawn the offer after submission of it and before theexpiration of its validity period; orb.The Applicant has failed to enter into a contract(s) with you after notification ofcontract awards; orc.The Applicant as successful Applicant has failed to establish an acceptableperformance bond(s) within (Agreed Number Of Days) days after the effective date of the contract; ord.This Bond/Guarantee shall become effective from (Effective Date)and expire on (Expiry Date)at the latest. Consequently, any demand for payment under this Bond/Guarantee must be received by us at our office on or before that date. Upon expiry,this Bond/Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Bond/Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCHTo:(Name and Address of Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that,(Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No. (Contract Number)dated (Date Of The Contract) with you, for (Description Of Goods And/Or Services Or Project) at a total price of (The Contract Price).Furthermore, we understand that, according to the conditions of the contract, a Performance Bond/Guarantee is required.At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch)Branch, (Address Of The Branch)hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures)(say: Amount In Words)(representing (Agreed Percentage)% of the contract price) within (Agreed Number Of Days) Business Days upon receipt of your first written demand stating:1.that the Applicant is in breach of his obligation(s) under the underlying contract;and2.the respect in which the Applicant is in breach.Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)1.2.This Bond/Guarantee shall become effective from (Effective Date)and expire on (Expiry Date)at the latest. Consequently, any demand for payment under this Bond/Guarantee must be received by us at our office on or before that date. Upon expiry,this Bond/Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Bond/Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH五、质量/维修保函QUALITY/MAINTENANCE GUARANTEETo:(Name and Address of The Beneficiary)Date :(Issuing Date)No.:(The Guarantee Number)We have been informed that (Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No.(The Contract Number)dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).Furthermore, we understand that, according to the conditions of the contract, a Quality/Maintenance Guarantee is required.At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch)Branch, (Address Of The Branch), hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures)(say: Amount In Words), (representing (Agreed Percentage)% of the contract price) within (Agreed Number Of Days) Business days upon receipt by us of your first written demand stating that the Applicant is in breach of his obligation(s)under the underlying contract and the respect in which the Applicant is in breach.Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)1.2.This Guarantee shall become effective from(Effective Date)and expire on (The Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH六、补偿贸易保函GUARANTEE UNDER COMPENSATION TRADETo:(Name And Address Of The Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that (Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No. (The Contract Number) dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch)Branch, (Address Of The Branch), hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures) (say: Amount In Words) plus interest at (Agreed Percentage) % p.a. accrued from the aforesaid amount on a 360 days basis calculated as from (Agreed Date) up to (Agreed Date), within (Agreed Number Of Days) days upon receipt of your first written demand stating that the Applicant is in breach of his obligation(s)under the underlying contract.Your demand for payment must also be accompanied by the following documents:1. A true copy of commercial invoice and2. A true copy of B/L evidencing the equipment under the contract has been shipped to the Applicant.3. Inspection certificate issued by China Commodity Inspection Bureau in (Chinese Port) certifying the goods shipped to China are qualified.4. Certificate certifying applicant’s satisfact ion to the equipment signed by the Applicant.5. A copy of the Letter of Credit for the related shipment(s) of buying back under the contract.The amount of this Guarantee will be automatically reduced in proportion to the sum plus interest already paid.This Guarantee shall become effective from issuing date and expire on (The Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH七、留置金保函RETENTION MONEY GUARANTEETo:(Name And Address Of The Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)We have been informed that (Name Of The Applicant)(hereinafter ca11ed the Applicant), has entered into contract No.(Contract Number) Dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).Furthermore, we understand that, according to the conditions of the contract, retention money in the sum of (Amount In Figures)covering the Applicant’s warranty obligations will be released against a retention money guarantee.At the request of the Applicant, we, Industrial and Commercial Bank of China (Name Of The Branch) branch,(Address Of The Branch)hereby issue this letter of guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures)(say: Amount In Words) (representing Agreed Percentage% of the contract price) within (Agreed Number Of Days) business days upon receipt your written demand stating that the Applicant is in breach of his obligation(s)under the underlying contract.Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)1.2.This guarantee shall become effective from the date of receipt of the said retention money by the Applicant and expire on (Expiry Date) or on the date of issuance of the acceptance certificate by you (Name Of The Beneficiary), whichever date is earlier. Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCHGUARANTEE FOR CUSTOMS DUTIESTo: (The Name Of The Beneficiary)Date: (Issuing Date)No.: (Guarantee Number)At the request of (Name Of The Applicant)(hereinafter called the principal), we, Industrial and Commercial Bank of China (Name Of The Branch) branch (Address Of The Branch )issue this letter of guarantee on our full responsibility in favor of (Name Of The Customs)Customs to the extent of(Amount In Figures)(Say Amount In Words) to ensure that the exhibition delegation of the Principal will pay customs duties for the items sold at (Name And Place Of The Exhibition) Export Commodities Exhibition in (Place Of The Exhibition) according to the customs regulations of (Name Of The Country).This letter of guarantee shall be valid as from its issuance date until (Expiry Date). The guarantee amount under this letter of guarantee shall be automatically reduced according to the payment of customs duties effected by the delegation of the Principal to (Name And Place Of The Customs) Customs.We hereby undertake to pay you, if the exhibition delegation of the Principal fails to pay the necessary customs duties for the items sold, the sum or sums not exceeding the above mentioned guarantee amount or any balance under this letter of guarantee upon our receipt of your written demand together with a photo copy of the customs invoice lodged by (Name Of The Customs) Customs within the validity of this letter of guarantee. Claims, if any, must reach us before or on the expiry date.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHIAN(Name Of The Branch)BRANCHGUARANTEE FOR MARITIME ACCIDENTTo:(Name and Address of Beneficiary)Date :(Issuing Date )No.:(Guarantee Number)In consideration and on condition that you release and/or refrain from arresting or otherwise detaining the vessel (name of the vessel) or any other vessel or property of the ship-owners (Name Of The Ship-owners), we, Industrial and Commercial Bank of China (Name Of The Branch)Branch,(Address Of The branch), hereby undertake to pay you on demand any sum (interest and costs inclusive) not exceeding the amount of (Amount In Figures)(say: Amount In Words), which will be adjudged as due to you in respect of the damaged and short of cargo from (Name Of The Carriers) as carriers of the goods and/or ,as responsible as owners of the vessel (Name Of The Vessel) by written agreement between the parties or final arbitration award or enforceable judgment of the competent court at (Place Of The Court ) or (Name And Address Of The Institution).This Guarantee shall become effective from issuing date and expire on (Expiry Date). Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void and shall be returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCHGUARANTEE FOR OVERDRAFTTo:(Name And Address Of Beneficiary)Date :(Issuing Date)No.:(Guarantee Number)At request of (Name Of The Applicant), we hereby issue this Letter of Guarantee in your favor to the extent of (Amount In Figures) (Say: Amount In Words) for the purpose of your providing the overdraft facility to the account held by (Name Of The Applicant). We hereby undertake to refund you, should (Name Of The Applicant) fail to repay you the overdue amount which they have overdrawn on the A/M account, the amount not exceeding the above-mentioned sum upon our receipt of your written claim received by us within the validity of this L/G.This Guarantee shall become effective from issuing date and expire on (Expiry Date). Consequently, any demand for payment under it must be received by us at this office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH十一、飞机租赁保函AIRCRAFT LEASE GUARANTEETo: (Name And Address Of The Beneficiary) (Herein called the Beneficiary) Date: (Issuing Date)No.: (Guarantee Number)We refer to the Lease Agreement (the Lease) entered into between you (the Lessor) and (Name Of The Lessee)(the Lessee) in respect of (Description Of The Lease). Terms defined in the Lease shall bear the same meanings when used herein.We, Industrial and Commercial Bank of China, (Name Of The Branch) Branch, at the request of the Lessee, and in consideration of the Lessor entering into the Lease, issue this Irrevocable Letter of Guarantee in your favor in respect of the Amounts due and payable by the Lessee to the Lessor under the Lease. We hereby unconditionally guarantee the punctual payment of all Amounts due and payable by the Lessee in accordance with the provisions of the Operative Documents to which the Lessee is or will become a party.Should the Lessee fail to effect payment of any of the Amounts wholly or partially, we shall, within (Agreed Number Of Days) Banking Days after receipt of your written demand, pay the amount stated in such demand in US Dollars to the account you are to have previously specified to us in writing. You may make any number of such demands in accordance with the provisions of the Lease or any other Operative Documents while this Letter of Guarantee is in effect; Provided Always that the aggregate amounts paid hereunder shall not exceed US Dollars (Amount In Figures) (US$ Amount In Words) (the Available Amount) in respect of any claim(s) made relating to the period from the date hereof up to and including the Rent Payment Date falling in the first month specified in Column 1 of the Schedule hereto and thereafter, with respect to each period ending on and including a Rent Payment Date falling in such relevant subsequent month specified in Column 1 of the Schedule hereto, the Available Amount will be automatically reduced to the lesser amount set out in Column 2 of the Schedule hereto opposite the Rent Payment Date falling immediately prior to such relevant subsequent month (subject in each case to the receipt in full by the Lessor of each and every sum due and payable in respect of the Amounts attributable to any period ending on and including each Rent Payment Date falling prior to such relevant subsequent month).We hereby waive promptness, diligence, presentment, demand, protest and notices of any kind as to the obligations guaranteed hereby and acceptance of this Letter of Guarantee, and we agree that this Letter of Guarantee shall be effective regardless of whether or not the failure of the Lessee to make any payment resulted from the Lessee's inability or refusal to do so. We will not be required to consent to, or receive any notice of, any amendment or modification of, consent or extension withrespect to any of the Operative Documents that may be made or given; Provided Always that any amendment to any of the Operative Documents (other than one contemplated by the terms thereof) which would increase the Available Amount payable hereunder or extend the term of this Letter of Guarantee or alter the Schedule attached hereto shall require our written consent.We represent that we have full power, authority and legal right to execute and deliver this Letter of Guarantee and perform our obligations hereunder, and that this Letter of Guarantee has been validly authorised, executed and delivered on our behalf and constitutes our legal and binding obligation.We confirm that issuance of this Letter of Guarantee constitutes a commercial activity by us.This Letter of Guarantee is a guarantee of payment and not of collection, and we waive any right to require that resort be made to the Lessee or any security.All rights, title and interest in and to this Letter of Guarantee may be assigned in whole or in part with our prior consent.Each notice and communication hereunder shall be made in the English language and shall be made in writing and may be made by telex or letter. Each notice or communication shall be deemed duly given or made when received (in the case of personal delivery or letter) or when dispatched and the appropriate answer back received (in the case of telex). All notices to us shall be sent to Industrial and Commercial Bank of China,(Name Of The Branch)Branch, (Address Of The Branch).This Letter of Guarantee including all matters of construction, validity and performance shall be construed in accordance with the laws of (Agreed Country Or Region).We hereby irrevocably submit to the jurisdiction of the Courts of (Agreed Name And Place Of The Court) and irrevocably appoint (Name And Address Of The Agent), as our agent to receive service of process in England and service on such agent shall be deemed good service on ourselves. We agree that in any legal action or proceedings against us or our assets in connection with this Letter of Guarantee, no immunity (by reason of sovereignty or otherwise) from such legal action or proceedings (which shall include, without limitation, suit, attachment prior to judgment, other attachment, the obtaining of judgment, execution or other enforcement) shall be claimed by or on behalf of ourselves or with respect to our assets and we irrevocably waive any such right of immunity which we, or our assets now have or may hereafter acquire or which may be attributed to us or our assets and we consent generally in respect of any such legal action or proceedings to the giving of any relief or the issue of any process in connection with such action or proceedings including, without limitation, the making, enforcement or execution against anyproperty whatsoever (irrespective of its use or intended use) of any order or judgment which may be made or given in such action or proceedings.This Letter of Guarantee shall remain in effect until the date on which the term for the leasing under the Lease has expired and the Amounts have been paid in full, after which it has to be returned to us. All claims under this Letter of Guarantee must be made before (Agreed Date).INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH十二、其他租赁保函GUARANTEE FOR LEASINGTo:(Name And Address Of The Beneficiary)Date :(Date Of Issuing)No.:(Guarantee Number)We refer to the Lease Agreement No.(Contract Number) entered into (the Lease) between you (the Lessor) and (Name Of The Lessee)(the Lessee) in respect of (Description Of Leasing Of Goods or Equipments).We, the Industrial and Commercial Bank of China, (Name Of The Branch) Branch, (Address Of The Branch) at the request of the Lessee, and in consideration of the Lessor entering into the Lease, issue this Irrevocable Letter of Guarantee for an amount not exceeding (Amount In Figures)(say: Amount In Words). Should the lessee fail to pay the rent within the time limit as stipulated in the Lease Agreement, we undertake to effect such payment within (Agreed Number Of Days)business days after receipt of your first written demand to the extent of the amount of guarantee for the unpaid amount.The amount of this guarantee shall be automatically reduced in proportion to the sum or sums that already paid.This guarantee shall become effective from issuing date and expire on (Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at our office on or before that date. Upon expiry, this Guarantee shall automatically become null and void whether or not it is returned to us for cancellation.This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH十三、借款保函LOAN GUARANTEETo:(Name and Address of Beneficiary) (, Hereinafter called the “Lender”)Date :(Issuing Date)No.:(Guarantee Number)Referring to the Loan Agreement dated (Date Of The Agreement), (hereinafter called the Loan Agreement) between you and (Name Of The Borrower), (hereinafter called the Borrower), we hereby issue this Irrevocable Letter of Guarantee in favor of yourselves.We, Industrial and Commercial Bank of China, (Name Of The Branch) Branch, (hereinafter called the “Guarantor”), hereby irrevocably and unconditionally guarantee the punctual payment for the principal amount (Amount In Figures) (say: Amount In Words) plus interest accrued from the aforesaid principal amount (such interest to be calculated in accordance with the provisions of the Loan Agreement), and relevant banking charges payable by the Borrower in accordance with the provisions of the Loan Agreement . We shall, within (Agreed Number Of Days) business days after receipt of your written demand, pay the amount stated in such demand in (Name Of The Currency).(All payments under this guarantee shall be made without set-off or counterclaim and without any deductions or withholdings for any present or future taxes. If any deduction or withholding is required to be made from any such payment, we shall together with such payment pay such additional amount as is necessary and permitted by Taxation Laws of P.R.C. to ensure you will receive the full amount due to you.)The guaranteed sums will be reduced correspondingly as and when payments thereof are made by the Borrower pursuant to the Loan Agreement or by the Guarantor. When the Guaranteed sums have been paid in full by the Borrower and /or the Guarantor, this Guarantee shall automatically cease to be in force and shall be returned by the Lender to the Guarantor for cancellation.Any amendment or modification of, consent or, extension or renewal with respect to the Loan Agreement could only be made at our prior written consent.We hereby consent that the Lender may at any time assign its rights and benefits hereunder or parts thereof to any one or more banks or financial institutions at our prior written consent.Each notice and communication hereunder shall be made in the English language andshall be made in writing by telex, SWIFT or letter. Each notice or communication shall be deemed duly given or made when dispatched (in the case of letter) or when dispatched and the appropriate answerback received (in the case of telex or swift), at the address or telex number specified herein or to such other address as you may from time to time designate in writing. All notices to us shall be sent to (Address Of The Guarantor).This Letter of Guarantee, including all matters of construction, validity and performance, shall be governed by and construed in accordance with the laws of (Agreed Country Or Region).We hereby irrevocably submit to the jurisdiction of (Name And Place Of The Agreed Court). / (All disputes arising from the execution or in connection with this Letter of Guarantee shall be submitted to the (Name of The Agreed Institution) for arbitration in accordance with its rules of procedures. The arbitral award is final and binding upon both parties. The fees and expenses of the arbitration proceeding must be paid in the manner and proportions stated in the written arbitral award of the arbitrators.)This Letter of Guarantee shall become effective on the date hereof and expire on the date on which all payments and other amounts due under the Loan Agreement have been paid in full. All claims under this Letter of Guarantee must be made before (Agreed Date).This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.458.INDUSTRIAL AND COMMERCIAL BANK OF CHINA(Name Of The Branch) BRANCH。
PAYMENT GUARANTEE BY BUYERBrief description of ContractName and address of Beneficiary(whom the Contract defines as the Contractor).We have been informed that _______________ (whom the Contract defines as the BUYER and who is hereinafter called the “Principal”) is required to obtain a bank guarantee.At the request of the Principal, we (name of bank) ________________ hereby irrevocably undertake to pay you, the Beneficiary/Contractor, any sum or sums not exceeding in total the amount of _______________ (say: ______________ ) upon receipt by us of your demand in writing and your written statement stating:(a)that, in respect of a payment due under the Contract, the Principal has failed tomake payment in full by the date days after the expiry of the periodspecified in the Contract as that within which such payment should have beenmade, and(b)the amount(s) which the Principal has failed to pay.Any demand for payment must be accompanied by a copy of [list of documents evidencing entitlement to payment] __________________, in respect of which the Principal has failed to make payment in full.Any demand for payment must contain your signature(s) which must be authenticated by your bankers or by a notary public. The authenticated demand and statement must be received by us at this office on or before (the date six months after the expected expiry of the Defects Notification Period for the works) __________________, when this guarantee shall expire and shall be returned to us.This guarantee shall be governed by the laws of __________________ and shall be subject to the Uniform Rules for demand Guarantees, published as number 458 by the international Chamber of Commerce, except as stated above.Date ___________________ Signature(s) _____________________________________雇主开具的支付保函合同简要介绍受益人名称和地址(合同定义的承包商)我们已经得知 (填入合同定义的“雇主”,以下称为“委托人”)被要求开具一份银行保函。
PAYMENT GUARANTEE BY BUYER
Brief description of Contract
Name and address of Beneficiary
(whom the Contract defines as the Contractor).
We have been informed that _______________ (whom the Contract defines as the BUYER and who is hereinafter called the “Principal”) is required to obtain a bank guarantee.
At the request of the Principal, we (name of bank) ________________ hereby irrevocably undertake to pay you, the Beneficiary/Contractor, any sum or sums not exceeding in total the amount of _______________ (say: ______________ ) upon receipt by us of your demand in writing and your written statement stating:
(a)that, in respect of a payment due under the Contract, the Principal has failed to
make payment in full by the date days after the expiry of the period
specified in the Contract as that within which such payment should have been
made, and
(b)the amount(s) which the Principal has failed to pay.
Any demand for payment must be accompanied by a copy of [list of documents evidencing entitlement to payment] __________________, in respect of which the Principal has failed to make payment in full.
Any demand for payment must contain your signature(s) which must be authenticated by your bankers or by a notary public. The authenticated demand and statement must be received by us at this office on or before (the date six months after the expected expiry of the Defects Notification Period for the works) __________________, when this guarantee shall expire and shall be returned to us.
This guarantee shall be governed by the laws of __________________ and shall be subject to the Uniform Rules for demand Guarantees, published as number 458 by the international Chamber of Commerce, except as stated above.
Date ___________________ Signature(s) _____________________________________
雇主开具的支付保函
合同简要介绍
受益人名称和地址
(合同定义的承包商)
我们已经得知 (填入合同定义的“雇主”,以下称为“委托人”)被要求开具一份银行保函。
应委托人的要求,我们 (填入银行名称)在此不可撤回地保证在我方收到你方书面要求及说明下列情况的书面声明后,向你方---受益人/承包商支付总数不超过 (即“保函金额”的金额为: )的一笔或多笔款额:
(a)对于按照合同应支付的款额,委托人未能在合同规定的应支付此款额的期限
期满后天内完全支付,及
(b)委托人未支付的数额。
任何要求支付的文件必须附以一份关于委托人未完全支付的款额的
〖证明收款权利的文件清单〗。
要求支付的文件必须有你方签名,签名必须经你方银行或公证人证实。
你方经证实的要求和声明必须由我方在此办公室,于 (填入预计的工程缺陷通知期期满后6个月的那一日期) 的当日或之前收到,在该日期之后,本保函有效期期满并应返还给我们。
除上文规定外,本保函的适用法律为,并受国际商会出版的编号为458的“即付保函的统一规则”的约束。
签名
日期。