保函（履约） - 建行境外履约保函标准格式

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 (请填写货物或服务描述).

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 CONDITIOINS; 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 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 GUARNATEE 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 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。如果填写的话，应填写中国城市)

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