5种国外保函统一标准文本.doc

附件5国外保函原则文本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 （请填写货品或服务描述）,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；AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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 .(请填写合用法律，应合用中华人民共和国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以不写。如果写话，应填写中华人民共和国都市) 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 (请填写货品或服务描述).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；AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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. ( 贸易项下分批出货预付款保函担保总金额普通依照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 。) THIS GUARANTEE SHALL EXPIRE ON OR UPON SHIPMENT OF THE GOODS WHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION BY THE PRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED. ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE ITS EXPIRY 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 .(请填写合用法律，应合用中华人民共和国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以不写，则整条删除。如果写话，应填写中华人民共和国都市)PERFORMANCE GUARANTEE （履约保函）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 (请填写货品或服务描述).FURTHERMORE，WE UNDERSTAND THAT ，ACCORDING TO THE CONDITIONS OF THE CONTRACT,A PERFORMANCE GUARANTEE IS REQUIRED.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；AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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 OR UPON SHIPMENT OF THE GOODS WHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION BY THE PRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED. ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE ITS EXPIRY 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 WILL COME INTO EFFECT FROM THE ISSUING DATE OF LETTER OF CREDIT IN FAVOR OF AND ACCEPTABLE TO THE PRINCIPAL AND SUBJECT TO A NOTICE THROUGH AUTHENTICATED SWIFT OR TESTED TELEX SENT BY US CONFIRMING SUCH DATE. （履约保函普通与信用证搭配使用且应与信用证同步生效。如果不通过信用证结算，则应当删除本款） 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 CHINA LAW OR URDG758 .(请填写合用法律，应合用中华人民共和国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以删除。如果填写话，应填写中华人民共和国都市) WARRANTY GUARANTEE （质量保函）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 (请填写货品或服务描述).FURTHERMORE，WE UNDERSTAND THAT，ACCORDING TO THE CONDITIONS OF THE CONTRACT,A WARRANTY GUARANTEE IS REQUIRED.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；AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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. YOUR DEMAND FOR PAYMENT MUST ALSO BE ACCOMPANIED BY THE CERTIFICATE ISSUED BY (请明确填写检查机构名称、国家)CERTIFIYING THAT THE GOODS PROVIDED BY THE PRINCIPAL ARE NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT NO. DATED .（请依照业务实际选取性使用本款。如不使用本款，请删除。） 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 .(请填写合用法律，应合用中华人民共和国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以删除。如果写话，应填写中华人民共和国都市)RETENTION MONEY GUARANTEE （留置金保函）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 （请填写货品或服务描述）FURTHERMORE，WE UNDERSTAND THAT，ACCORDING TO THE CONDITOINS OF THE CONTRACT，RETENTION MONEY IN THE SUM OF COVERING THE PRINCIPALS WARRANTY OBLIGATINOS WILL BE RELEASED AGAINST A RETENTION MONEY 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；AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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. IT IS A CONDITION FOR ANY CLAIM AND PAYMENT TO BE MADE UNDER THIS GUARANTEE THAT THE RETENTION MONEY PAYMENT REFERRED TO ABOVE MUST HAVE BEEN RECEIVED BY THE PRINCIPAL ON HIS ACCOUNT NUMBER WITH 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 .(请填写合用法律，应合用中华人民共和国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以删除。如果写话，应填写中华人民共和国都市) INSTRUCTIONS TO CORESPONDENT BANK FOR THE ISSUE OF BANK GUARANTEE(S) （委托银行开立保函反担保函）仅列明其中一种格式COUNTER-GUARANTEE FOR ISSUANCE OF TENDER GUARANTEE（投标保函反担保函）OUR REFERENCE NUMBER： AT THE REQUEST OF ，PLEASE ISSUE ON OUR RESPONSIBILITY IN FAVOR OF YOUR GUARANTEE IN THE FOLLOWING WORDING： QUOTEGUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS）BENEFICIARY： （NAME AND ADDRESS） WE HAVE BEEN INFORMED THAT ，（HEREINAFTER REFERRED TO AS “THE PRINCIPAL），RESPONDING TO