sexta-feira, 17 de setembro de 2010

BANK GUARANTEE


Expiry Date:
Applicant:
Beneficiary:
Amount:
Advising Bank:
Reference contract No.: (the "Contract")

At the request of the Applicant, we (Name and Address of Issuing Bank) hereby irrevocably and unconditionally undertake to pay (except as stated herein) the Beneficiary on their first demand in writing at our counter the sum of USS XXX,000,000 00(depending on monthly shipments)G0 provided the demand in writing is accompanied by the Beneficiary's witten and signed statement that the amount demand is due and owing under the above Contract Number between the Beneficiary and Applicant and provided such demand in writing bears the Applicant's signed confirmation and the Applicant's Signature thereon is verified by us with full signature or otherwise conforms with the specimen signature of the Applicant held in our file.

In the signed statement referred to the above, the Seller shall confirm in writing that:
(a) the Seller has shipped the goods under the Contract, particulars of
which are stated below:-
Name of Commodity:
Quantity shipped:
Shipment Date:
(b) the Applicant has not effected payment within xxx days from the
shipment date pursuant to the terms of the Contract;
(c) the amount claimed represents the purchase price due in respect of
the shipped goods

Beneficiary.

Payment under this bank guarantee shall be made to the Beneficiary pursuant to their demand in writing as stated above without set-of and free from any deductions, charges, fees or withholdings of any nature now or hereafter imposed, levied, collected, withheld or assessed by the XXX Government or any political subdivision of authority thereof or therein.
The bank guarantee shall remain valid from until . The demand in writing, if
any, under this bank guarantee may be presented to us at our counter
between (15 days before the Expiry Date) and the Expiry Date of this bank
guarantee (both dates inclusive) hereafter referred to as "the Presentation Period".
Any demand under this bank guarantee presented to us outside the presentation period shall be considered invalid and shall not be duly honoured by us.

We hereby engage with the Beneficiary that the demand in writing made strictly in compliance with the terms and conditions of this bank guarantee as expressly signed herein shall be honoured by us on presentation in accordance with the terms and conditions of this bank guarantee.

This bank guarantee shall be subject to the jurisdiction of the laws of XXX

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