反担保预付款保函

AT THE REQUEST OF OUR CLIENT, PLEASE ISSUE YOUR ADV ANCE PAYMENT GUARANTEE UNDER OUR FULL RESPONSIBILITY AND AGAINST OUR COUNTER GUARANTEE NO.GC3352815 AS PER THE FORMAT GIVEN BELOW:

QUOTE

ADV ANCE PAYMENT GUARANTEE NO.:

ISSUING DATE:

APPLICANT:

BENEFICIARY:

Guarantee amount: EUR957,500.00 (in words: EURO NINE HUNDRED FIFTY SEVEN THOUSAND AND FIVE HUNDRED ONL Y)

Therein the contract No.: 01/TECH was signed by ABC CO., LTD and DEF CO., LTD dated on 2014-12-27, the Applicant agrees to supply one set of filling line, pursuant to the contract an advance payment guarantee is required.

At the request of DEF, we, Bank of China Ho Chi Minh City Branch, hereby irrevocably undertake to pay any sum or sums not exceeding in total the above stated guarantee amount to secure refund of the advance payment in the amount of EUR 957,500.00 that the Beneficiary has made payment to Applicant according to the provisions of a contract No.: 01/TECH dated on 2014-12-27.

For any claim, duly made a presentation to us under the guarantee with Beneficiary’s first written demand including a written statement duly signed by the Beneficiary’s legal representative certifying that the Applicant has breached the obligations under contract No.: 01/TECH dated on 2014-12-27.

For the p urpose of identification, a Beneficiary’s claim for payment has to be presented to us (Bank of China Ho Chi Minh City Branch, Vietnam) in original paper form, through Beneficiary’s bank and sent their confirmation by authenticated swift that the signature(s) thereon are authentic binding upon you.

This guarantee will be effective only upon the Applicant have received the advance payment of EUR 957,500.00 from the Beneficiary (into bank account of Applicant, No.845022344 at BANK OF CHINA, GUANGZHOU BRANCH, CHINA). The amount of this guarantee will be reduced proportionally by any amount paid by us hereunder.

Expiry Date: 2015-09-30. If the expiry date of a guarantee falls on a day that is not a business day at our counter, the Expiry Date is extended to the first following business day at that place.

This guarantee shall expire after the Expiry Date, consequently any demand for payment under this guarantee must be sent us on or before the Expiry Date.

This guarantee shall be returned to us immediately upon its expiry. However, we shall be discharged from all liabilities under this guarantee upon its expiry, whether or not this document has been returned to us.

The guarantee is personal to the Beneficiary and is not transferable and assignable.

This guarantee is made in two languages, Vietnamese and English. In the event of any inconsistency between the Vietnamese and English languages of this guarantee, Vietnamese shall be the prevailing language.

The fees and expenses relevant to issue and present under the guarantee for the Applicant’s account.

This guarantee is subject to the Uniform Rules for Demand Guarantee, ICC Publication No. 758. (2010 revision).

UNQUOTE

IN CONSIDERATION OF YOUR ISSUING THE ABOVE QUOTED ADV ANCE PAYMENT GUARANTEE, WE, BANK OF CHINA LIMITED, GUANGDONG BRANCH, HA VING OUR REGISTERED OFFICE AT NO. 197, DONGFENGXI ROAD, GUANGZHOU, GUANGDONG, CHINA HEREBY UNCONDITIONALL Y AND IRREVOCABL Y GUARANTEE AND UNDERTAKE TO PAY YOU ANY SUM OR SUMS IN AGGREGA TE NOT EXCEEDING EUR957,500.00 (SAY EURO NINE HUNDRED FIFTY SEVEN THOUSAND AND FIVE HUNDRED ONL Y), UPON OUR RECEIPT OF YOUR FIRST DEMAND BY REGISTERED MAIL/TESTED TELEX/AUTH. SWIFT QUOTING OUR REF. NO.GC33528150000 .

OUR COUNTER GUARANTEE WILL COME INTO FORCE FROM THE EFFECTIVENESS OF YOUR GUARANTEE AND REMAINS V ALID UNTIL 15 DAYS AFTER THE EXPIRY DATE OF YOUR GUARANTEE, BUT IN ANY CASE NOT LATER THAN 15TH OCTOBER, 2015.

OUR COUNTER GUARANTEE IS SUBJECT TO THE UNIFORM RULES FOR DEMAND GUARANTEES, ICC PUBLICATION NO.758, EXCEPT THAT SUB-ARTICLE 15(B) IS HEREBY EXCLUDED.

IN ORDER TO EXPEDITE PAYMENT OF YOUR CHARGES FOR OUR COUNTER GUARANTEE NO.GC3352815, THE FOLLOWING INFORMA TION IS REQUIRED IN YOUR BILLS FOR COLLECTING COMMISSION AND CHARGES:

FLAT FEE (IF ANY):

RA TE OF YOUR COMMISSION:

THE EXACT PERIOD COVERED BY COMMISSION: I.E. FROM TO

EXCHANGE RATE FOR CHARGES CONVERTED TO U.S. DOLLARS (IF ANY):

TELEX/SWIFT/MAIL CHARGES:

DESCRIPTION ANY AMOUNT OF ALL OTHER CHARGES (IF ANY):

.

THIS IS AN OPERA TIVE INSTRUMENT, AND NO MAIL CONFIRMATION WILL FOLLOW.

BEST REGARDS,

GTEE DIV.