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)