To: The beneficiary Our Ref, No.
Date:
Dear Sirs,
PERFORMANCE BOND
This bond is hereby issued to serve as a performance bond of name of the applicant for the supply of name of goods for name of the sales contract and its number.
The name of the guarantor hereby irrevocably guarantees and binds itself, its successors and assignees to pay you, without recourse, up to the total amount of currency and figures representing X percent (X%) of the contract price in US dollar and accordingly covenants and agrees as follows :
a) On the supplier's failure of the faithful performance of all the contract documents and modifications, amendments, additions and alterations thereof that may hereafter be made, including replacement and/or making good of defective goods (hereinafter called the failure of performance) as determined by you and notwithstanding any objection by the Supplier, the Bank shall, on your demand in a written notification stating the effect of the failure of performance by the Supplier, pay you such amount or amounts as required by you not exceeding in aggregate amount of guarantee in the manner specified in the said statement.
b) Any payment hereunder shall be made free and clear of and without deduction for or on account of any present or future taxes, duties, charge, fees, deductions or withholding of any nature whatsoever imposed.
c) The covenants contained herein constitute irrevocable direct obligations of the Bank. No alteration in the terms of the contract to be performed thereunder and no allowance of time by you or any other act or omission by you which for this provision might exonerate or discharge the Bank shall in any way release the Bank from any liability hereunder.
d) This guarantee shall become effective from that date of the signing of the said contract and shall remain valid until the date of its expiry. Upon expiry, please return this guarantee to us for cancellation.
Guarantor:________
参考译文:
致:受益人 保函编号:
出具日期:
敬启者:
履约保函
本保函是为(申请人名称)(以下简称供货人)根据(合同编号及签署日期)向(受益人)提供(货物名 称)而出具的。
(担保人名称)特此不可徹消地保证自己、其继承人和受让人在下列情况下,无追索地用美元向你方支付合同金额的x%,即(担保金额):
(1)如果供货人未能按合同及其后可能作出的合同变更、合同修改、合同补充和合同变动,包括对不合格商品的更换或修补条款覆行责任(以下简称违约),则我们在收到你方指出供货人违约的书面通知时,向你方支付索赔书上所要求的一笔或数笔款项,但不超过本保函担保的总金额(担保金额)。