5种国外保函标准文本

附件5

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 BECOME 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 BECOME 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。)