5种国外保函标准文本

1、1 / 16 文档可自由编辑 附件 5 国外保函标准文本 TENDERTENDER GUARANTEEGUARANTEE （投标保函）（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 T

2、O 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 HE

3、REBY 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)

4、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 T

5、HEREOF. 2 / 16 文档可自由编辑 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 S

6、WIFT(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 W

7、ILL 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

8、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) ADVANCEADVANCE PAYMENTPAYMENT GUARANTEEGUARANTEE （预付款退款保函）（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 BRAN

9、CH 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). 3 / 16 文档可自由编辑 FURTHERMORE, WE UNDERSTAND THAT, ACCORDING TO THE CONDITIONS OF THE CONTRACT,AN ADVANCE PAYMENT IN THE SU

10、M 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

11、 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 ASCRI

12、BE 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 AUTHENTICATE

13、D 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. W

14、ITH 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 AC

15、CEPTED AS CONCLUSIVE EVIDENCE THAT OUR LIABILITY 4 / 16 文档可自由编辑 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 。) THIS GUARANTEE SHALL EXPIRE ON OR UPON SHIPMENT OF THE GOODS WHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVID

16、ENCED 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

17、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

18、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，则整条删除。如果写的话，应填写中国 城市) PERFORMANCEPERFORMANCE GUARANTEEGUARANTEE （履约保函）（履约保函） GUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME

19、 AND ADDRESS） BENEFICIARY： （NAME AND ADDRESS） GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: 5 / 16 文档可自由编辑 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). FURTHERMOR

20、E, 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

21、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 C

22、ONTRACT 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 DEM

23、AND 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 PRESENTA

24、TION BY THE PRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE 6 / 16 文档可自由编辑 THAT OUR GUARANTEE HAS EXPIRED. ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US BEFORE ITS EXPIRY AT OU

25、R 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

26、TO THE PRINCIPAL AND SUBJECT TO A NOTICE THROUGH AUTHENTICATED SWIFT OR TESTED TELEX SENT BY US CONFIRMING SUCH DATE. （履 约保函通常与信用证搭配使用且应与信用证同时生效。如果不通过 信用证结算，则应该删除本款） THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE

27、GUARANTOR. MULTIPLE DRAWINGS ARE NOT ALLOWED. THIS GUARANTEE IS SUBJECT TO CHINA LAW OR URDG758 .(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，可以删除。如果填写的话，应填写中国城市) WARRANTYWARRANTY GUARANTEEGUARANTEE （质量保函）（质量保函） GUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS） BENEFICI

28、ARY： （NAME AND ADDRESS） GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS: WE(THE GUARANTOR) HAVE BEEN INFORMED THAT 7 / 16 文档可自由编辑 ,(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,

29、 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 U

30、NDER 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 PRINCI

31、PAL 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 VERI

32、FIED 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 (请明确填写检验机构名称、国家) CERTIFIYING THAT THE GOODS PROVIDED BY THE PRINCIPAL ARE NOT IN

33、COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT NO. DATED .（请根据业务实际选择性使用本款。如不使用 本款，请删除。 ） 8 / 16 文档可自由编辑 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.

34、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

35、 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，可以删除。如果写的话，应填写中国城市) RETENTIONRETENTION MONEYMONEY GUARANTEEGUARANTEE （留置金保函）（留置金保函） GUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS） BENEFICIA

36、RY： （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 T

37、HE 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 9 / 16 文档可自由编辑 UNDERTAKE TO PAY YOU AN AMOUNT NOT EXCEEDING IN TOTAL OF （SAY： ）AFTER R

38、ECEIPT 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

39、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 AN

40、D 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 THI

41、S 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

42、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

43、WRITTEN PERMISSION OF THE GUARANTOR. 10 / 16 文档可自由编辑 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，可以删除。如果写的话，应填写中国城市) INSTRUCTIONSINSTRUCTIONS TOTO CORESPONDENTCORESPONDENT BANKBANK FORFOR THETHE ISSUEISSUE OFOF B

44、ANKBANK GUARANTEE(S)GUARANTEE(S) （委托银行开立保函的反担保函）（委托银行开立保函的反担保函） 仅列明其中一种格式仅列明其中一种格式 COUNTER-GUARANTEECOUNTER-GUARANTEE FORFOR ISSUANCEISSUANCE OFOF TENDERTENDER GUARANTEEGUARANTEE （投标保函反担保函）（投标保函反担保函） OUROUR REFERENCEREFERENCE NUMBERNUMBER： ATAT THETHE REQUESTREQUEST OFOF ，PLEASEPLEASE ISSUEISSUE ONO

45、N OUROUR RESPONSIBILITYRESPONSIBILITY ININ FAVORFAVOR OFOF YOURYOUR GUARANTEEGUARANTEE ININ THETHE FOLLOWINGFOLLOWING WORDINGWORDING： QUOTEQUOTE GUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS） BENEFICIARY： （NAME AND ADDRESS） WE HAVE BEEN INFORMED THAT ， （HEREINAFTER REFERRED TO AS “THE PR

46、INCIPAL ） ， RESPONDING TO YOUR INVITATION TO TENDER NO. DATED ON FOR THE SUPPLY OF （DESCRIPTION OF GOODS AND/OR SERVICES）,HAS SUBMITTED TO YOU HIS OFFER NO. DATED . FURTHER MORE,WE UNDERSTAND THAT ,ACCCORDING TO YOUR CONDITONS,OFFERS MUST BE SUPPORTED BY A TENDER GUARANTEE. AT THE REQUEST OF THE PRI

47、NCIPAL,WE ,XXXXXXXX BANK ,HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU ANY SUM OR SUMS NOT 11 / 16 文档可自由编辑 EXCEEDING IN TOTAL AN AMOUNT OF (SAY: )WITHIN DAYS UPON 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)THAT THE PR

48、INCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE TENDER CONDITIONS; AND 3)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND 4)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

49、 NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF. THE REFERENCE NUMBER AND ISSUING DATE OF OUR GUARANTEE MUST BE QUOTED IN YOUR DEMAND IN WRITING. THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT UNDER THIS GUARANTEE MUST BE RECEIVED BY US AT THIS OFFICE ON OR BEFORE THAT DATE.UPO

50、N 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 TH

51、E GUARANTOR. UNQUOTEUNQUOTE ININ CONSIDERATIONCONSIDERATION OFOF YOURYOUR ISSUINGISSUING YOURYOUR GUARANTEEGUARANTEE ASAS ABOVEABOVE ，WEWE , , CHINACHINA CONSTRUCTIONCONSTRUCTION BANKBANK CORPORATIONCORPORATION BRANCH,BRANCH, ADDRESSADDRESS ,HEREBY,HEREBY ESTABLISHESTABLISH OUROUR IRREVOCABLEIRREVOC

52、ABLE COUNTER-GUARANTEECOUNTER-GUARANTEE ININ YOURYOUR FAVOURFAVOUR ANDAND UNDERTAKEUNDERTAKE TOTO PAYPAY YOUYOU ANYANY SUMSUM NOTNOT EXCEEDINGEXCEEDING ININ TOTALTOTAL ANAN AMOUNTAMOUNT OFOF （SAYSAY： ） AFTERAFTER RECEIPTRECEIPT BYBY USUS OFOF YOURYOUR DEMANDDEMAND THROUGHTHROUGH AUTHENTICATEDAUTHENT

53、ICATED SWIFTSWIFT MESSAGEMESSAGE (OR(OR TESTEDTESTED TELEXTELEX ) ) QUOTINGQUOTING THETHE GUARANTEEGUARANTEE REFERENCEREFERENCE NUMBERNUMBER ANDAND ISSUINGISSUING DATEDATE OFOF OUROUR COUNTERCOUNTER GUARANTEEGUARANTEE ANDAND STATINGSTATING THATTHAT YOUYOU HAVEHAVE RECEIVEDRECEIVED A A 12 / 16 文档可自由编

54、辑 DEMANDDEMAND FORFOR PAYMENTPAYMENT UNDERUNDER YOURYOUR GUARANTEEGUARANTEE ININ ACCORDANCEACCORDANCE WITHWITH ITSITS TERMS.TERMS. ATFERATFER YOUYOU ISSUINGISSUING THETHE GUARANTEE,GUARANTEE, PLEASEPLEASE DELIVERDELIVER THETHE ORIGINALORIGINAL GUARANTEEGUARANTEE TOTO THETHE REPRESENTATIVEREPRESENTAT

55、IVE OFOF ( (请请 填写填写 BENEFICIARYBENEFICIARY 或者或者 APPLICANT):NAME:APPLICANT):NAME: TEL:TEL: FAX:FAX: PASSPORTPASSPORT NO:NO: ( (请根据实际情况填写，可以删除请根据实际情况填写，可以删除) )。 THISTHIS GUARANTEEGUARANTEE SHALLSHALL EXPIREEXPIRE ONON ATAT THETHE LATEST.ANYLATEST.ANY DEMANDDEMAND FORFOR PAYMENTPAYMENT ANDAND DOCUMENTS

56、DOCUMENTS REQUIREDREQUIRED UNDERUNDER THISTHIS GUARANTEEGUARANTEE MUSTMUST BEBE RECEIVEDRECEIVED BYBY USUS ONON OROR BEFOREBEFORE THATTHAT DATEDATE ATAT OUROUR ADDRESSADDRESS STATEDSTATED ABOVE.ABOVE. UPONUPON EXPIRY,EXPIRY, PLEASEPLEASE RETURNRETURN THETHE ORIGINALORIGINAL GUARANTEEGUARANTEE TOTO US.US. BUTBUT THISTHIS GUARANTEEGUARANTEE WILLWILL