履约保函、投标保函、预付款保函、质量保函、付款保函(参考格式)

银行保函样本银行保函属于一种书面信用担保凭证,那么，下面是我给大家整理收集的银行保函样本，供大家阅读参考。

(预付款保函)银行保函样本1致： (下称受益人)：鉴于 (下称被担保人)已与受益人签订了合同编号为___________的 (下称合同)，工期自年月日至年月日，且受益人向被担保人支付了金额为_ 的预付款。

我方接受被担保人的委托，在此向受益人提供不可撤销的预付款保函：一、本保函的最高担保金额为人民币 (币种) ￥ (小写) (大写)。

二、本保函的有效期自年月日至年月日。

三、在本保函的有效期内，我方将在收到受益人经法定代表人或其授权委托代理人签字确认并加盖公章的关于受益人认定被担保人违反合同约定的书面索赔通知及本保函原件后 15 个工作日内，不争辩、不挑剔、不可撤销地向受益人支付索赔款，但累计索赔金额不得超过本保函的最高担保金额。

四、索赔通知应当说明索赔理由、索赔款额的计算方法，并必须在本保函的有效期内送达我方，超过有效期的索赔将不会再得到我方的任何支付，保函到期后，无论受益人是否退回保函原件，我方的担保责任均自动解除。

五、本保函项下的权利不得转让。

六、我方提供本保函担保后，受益人与被担保人对合同进行修订的，应当将修订后的合同原件送我方备案。

七、本保函的有效期届满，或我方向受益人支付的索赔款已达本保函的最高担保金额，我方的担保责任免除。

八、本保函适用中华人民共和国法律。

九、本保函以中文文本为准，涂改无效。

担保人： (盖章)负责人人或其授权委托代理人(签字或盖章)：单位地址：邮政编码：电话：传真：日期：年月日(履约保函)银行保函样本2致：鉴于_________________________________________(以下简称乙方)已保证按_____________________________(编号：_________________________)(以下称合同)实施;且鉴于你方在上述合同中要求乙方通过经认可的银行向你方提交合同规定金额的不可撤销的银行保函，作为乙方履行合同责任的担保;而且本行同意为乙方出具本银行保函;本行作为担保人在此向你放确认承担支付人民币_______________元(大写______________)的责任，在你放书面提出要求得到上述金额内的任何付款时，本行即予支付，不提任何异议，也不要求你方出具证明或说明背景或理由本行放弃你方应先向乙方要求赔偿上述金额，然后再向本行提出要求的权利。

履约保函规范文本(2024版)细则本合同目录一览1. 保函定义与范围1.1 保函的含义1.2 保函的适用范围2. 保函的类型2.1 分类2.2 各类保函的特点3. 保函的当事人3.1 保函的发出人3.2 保函的接受人3.3 保函的受益人4. 保函的金额与有效期4.1 保函的金额4.2 保函的有效期5. 保函的开具与提交5.1 保函的开具程序5.2 保函的提交要求6. 保函的履行6.1 保函的履行条件6.2 保函的履行方式7. 保函的修改与撤销7.1 保函的修改条件7.2 保函的撤销条件8. 保函的责任与义务8.1 发出人的责任与义务8.2 接受人的责任与义务8.3 受益人的责任与义务9. 保函的违约处理9.1 违约情形9.2 违约处理方式10. 保函的争议解决10.1 争议解决方式10.2 争议解决的适用法律11. 保函的监督与监管11.1 监督机构11.2 监管要求12. 保函的税收与费用12.1 税收政策12.2 相关费用13. 保函的生效、变更与终止13.1 保函的生效条件13.2 保函的变更条件13.3 保函的终止条件14. 保函的附件与补充说明14.1 附件内容14.2 补充说明第一部分：合同如下：第一条保函定义与范围1.1 保函的含义1.2 保函的适用范围保函适用于受益人根据与发出人之间的合同约定，向接受人提供货物、服务或者其他履约行为时，为证明其履行合同的能力和信用，要求发出人提供的书面担保。

第二条保函的类型2.1 分类保函分为融资保函、非融资保函、投标保函、履约保函、预付款保函等类型。

2.2 各类保函的特点（1）融资保函：用于融资项目的保函，保证融资项目按期还款和履行相关义务。

（2）非融资保函：用于非融资项目的保函，保证项目按期完成和履行相关义务。

（3）投标保函：保证投标人参加招标过程中的投标行为合法、合规，并在中标后按约定履行合同。

（4）履约保函：保证受益人在合同履行过程中按照约定履行义务。

付款保函、预付款保函与投标保函(doc 20页)编号：付款保函________________________（受益人）：鉴于贵方与买方________________________于______年___月____日签订的编号为________的合同（下称主合同）履行需要，应买方申请，我行特开立以贵方为受益人、金额不超过________（币种）_____________________（大写）万元的付款保函：一、我行保证，买方将在贵方按照主合同的约定交付货物后，向贵方付款。

如果买方未按照主合同的约定向贵方支付全部或部分货款，我行将在收到贵方书面索赔通知及买方具有上述违约事实的书面证明后，以保函金额为限向贵方支付买方未付货款。

二、本保函的担保金额将随买方或我方已支付的金额递减。

三、如果贵方与买方协商变更主合同，应事先征得我行书面认可，否则本保函即行失效。

四、本保函不得转让。

我行对除贵方以外的任何组织或个人不承担担保责任。

五、本保函自开立之日起生效，有效期至________（日编号：预付款保函______________________（受益人）：鉴于贵方与卖方________________________于______年___月____日签订了编号为________的_________合同（下称主合同），且贵方同意依约定向卖方支付预付货款。

我方应卖方的申请，特开立以贵方为受益人、金额不超过________（币种）_____________________（大写）万元的预付款保函:一、我行保证，卖方按主合同的约定履行供货义务。

如果卖方违反上述义务，我行在收到贵方的书面索赔通知及卖方具有上述违约事实的书面证明文件后，向贵方承担退还预付款的担保责任。

二、担保金额以被保证人实际收到的预付款金额为准，并随卖方或我方向贵方退还的金额增加而递减。

三、如果贵方与卖方协商变更主合同，应事先征得我行书面认可，否则本保函即行失效。

工程履约保函类型嘿，咱今天就来聊聊工程履约保函这个事儿哈！你说这工程履约保函就像是给工程上了一道保险一样。

就好比你要出远门，你得给自己准备点保障，以防万一嘛！工程履约保函就是这个保障。

它主要有几种类型呢，比如说有投标保函，这就像是比赛前的入场券，你得先有这个才能参与竞争呢。

它向发包方保证，你这投标方是靠谱的，是真心实意想来干这个活儿的。

还有履约保函，这可重要了去了！就好像你答应了别人一件事儿，得说到做到呀！这就是保证你在工程进行过程中会按照合同要求认认真真地完成，不偷懒，不耍赖。

预付款保函呢，就像是提前给你的一笔钱让你去买材料准备干活儿，但你得保证这笔钱用得正正当当，不会乱花。

这些保函可都不是吃素的呀！它们就像是工程的卫士，守护着工程的顺利进行。

没有它们，那发包方心里能踏实吗？就好比你要把一件重要的东西交给别人，你不得先考察考察这个人靠不靠谱呀！咱说要是没有投标保函，那随便什么人都能来投标，那不乱套了嘛！要是没有履约保函，施工方要是干一半撂挑子不干了，那发包方不得傻眼呀！没有预付款保函，施工方拿不到钱买不了材料，工程还怎么进行下去呀！你想想看，一个大工程，涉及那么多钱，那么多人，没有这些保函来规范和保障，那得成什么样子呀！那简直就是一团乱麻呀！所以说呀，工程履约保函可真是太重要啦！它就像是工程界的定海神针一样，让一切都能有条不紊地进行。

咱可别小瞧了它们，它们的作用可大着呢！这就跟咱过日子一样，得有规矩，有保障，才能过得踏实，过得安心呀！咱再从另一个角度看，工程履约保函也是对施工方的一种约束和激励呀！你有了这个保函，你就得好好干，不能马虎，不然出了问题你可担待不起。

这就逼着施工方要提高自己的管理水平和施工质量呀！而且呀，这保函也不是随随便便就能办下来的，那也是有要求的。

你得有实力，有信誉，人家才会给你开这个保函呢！这也能让那些不靠谱的企业没法浑水摸鱼。

总之呢，工程履约保函类型虽然多，但每一种都有它独特的作用和意义。

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。

保函的种类和介绍 SANY GROUP system office room 【SANYUA16H-一、投标保函（BidBond,TenderGuarantee）是指在投标中，招标人为防止中标者不签定合同而使其遭受损失，要求投标人提供的银行保函，以保证投标人履行招标文件所规定的义务：1、在标书规定的期限内，投标人投标后，不得修改原报价、不得中途撤标；2、投标人中标后，必须与招标人签定合同并在规定的时间内提供银行的履约保函。

若投标人未履行上述义务，则担保银行在受益人提出索赔时，须按保函规定履行赔款义务。

担保银行的责任是：当投标人在投标有效期内撤销投标，或者中标后不能同业主订立合同或不能提供履约保函时，担保银行就自己负责付款。

菲迪克（FIDIC）条款中，投标保证金又译作TENDERSECURITY.【案例分析1】投标保函有效期不足对于投标保函有效期，招标文件一般有如下规定：“担保人在此确认本担保书责任在招标通告中规定的投标截止期后或在这段时间延长的截止期后28天内保持有效。

延长投标有效期无须通知担保人。

”许多投标商在向银行申请开具保函时，对于投标保函有效期不够重视，往往会与投标文件有效期混为一谈，出现保函有效期少30天的现象。

【案例分析2】投标保函金额不足对于投标保函的金额，一般在招标文件中明确规定为投标报价的2%或以上，对于大型土建工程，也可以规定某一固定数值如30万美元等。

投标商向银行申请开具保函时，应严格按照招标文件规定的数额申请开列，在评标实践中，评标委员对于那些投标保函金额不足的，哪怕只差一分，也会予以废标。

【案例分析3】投标保函格式不符合招标文件要求对于投标保函格式，主要是指投标保函的担保条件，即：1．如果委托人在投标书规定的投标有效期内撤回其投标；2．如果委托人在投标有效期内收到雇主的中标通知后：（a）不能或拒绝按投标须知的要求（如果要求的话）签署合同协议；（b）不能或拒绝按投标须知的规定提交履约保证金，而雇主指明了产生上述情况的条件，则本行在接到雇主的第一次书面要求就支付上述数额之内的任何金额，并不需要雇主申述和证实他的要求。

住房和城乡建设部关于印发工程保函示范文本的通知
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住房和城乡建设部关于印发工程保函示范文本的通知
建市〔2021〕11号
各省、自治区住房和城乡建设厅，直辖市住房和城乡建设（管）委，北京市规划和自然资源委员会，新疆生产建设兵团住房和城乡建设局：
为进一步推进工程建设领域担保制度建设，促进建筑市场健康发展，我部制定了《工程保函示范文本》，现印发给你们，自2021年3月1日起执行。

原《工程担保合同示范文本（试行）》（建市〔2005〕74号）同时废止。

执行过程中如有问题，请及时与我部建筑市场监管司联系。

附件：1.投标保函示范文本（独立保函）
2.投标保函示范文本（非独立保函）
3.预付款保函示范文本（独立保函）
4.预付款保函示范文本（非独立保函）
5.支付保函示范文本（独立保函）
6.支付保函示范文本（非独立保函）
7.履约保函示范文本（独立保函）
8.履约保函示范文本（非独立保函）
住房和城乡建设部
2021年1月27日——结束——。

投标保函投标保函是一种非常常见的商业证明，在国际上也是广泛应用的一种担保方式。

所谓投标保函，就是指在投标过程中，投标方为了保证自身信誉和承诺，采用银行等金融机构的保函来达到保证目的的行为。

在商业往来过程中，投标保函不仅可以帮助企业赢得商业机会，还可以提升企业的信誉度和竞争力。

一、投标保函的定义投标保函是一种以银行或保险公司为承保方，保证投标人在中标后能够按照合同要求履行义务的担保方法。

通俗地说，就是在企业参加招标过程中，银行或保险公司出具的一种书面保证，保证投标人没有违反投标文件规定的失信行为，同时保证在中标后完成合同所规定的义务。

二、投标保函的种类投标保函的种类有多种，不同的投标类型需要对应的不同种类的保函。

主要包括招标保函、履约保函、缴费保函、质量保函等。

1、招标保函招标保函是指中标人按照投标文件规定确定的标的物或服务，向投标人保证投标人参加招标的真实性、诚信性以及招标文件中规定的履约保证金的支付，也可用于保证投标人在投标期间的行为。

2、履约保函履约保函是中标人在履行合同期间按照合同约定的履约义务进行担保，若中标人违约，则承保方按照保函金额进行赔付。

3、缴费保函缴费保函是指在工程承包签订合同后，中标人应当向招标人和中标人约定的付款人单位缴纳预付款、进度款、尾款等合同中约定的款项，若中标人未按照约定进行缴款，则承保方按照保证金额进行赔付。

4、质量保函质量保函是指中标人在履行合同期间，按照合同要求保证所提供的产品或服务达到一定的质量标准。

若中标人提供的产品或服务质量不符合合同标准，则承保方按照合同约定进行赔付。

三、投标保函的用途1、提高信誉度投标保函可以为企业的参与招标提供更为充分的保障，也可以提高企业的信誉度，为企业创造更多的商业机会。

同时，也可以促使投标公司更为规范化，规范的经营行为有利于企业发展和健康竞争。

2、降低经营风险投标保函的存在能为企业降低业务风险，因为承保方作为专业的保障机构，能够为企业提供及时的风险控制和风险管理服务。