预付款保函模版-英文版
预付款保函英语版AdvancePaymentGuarantee
预付款保函英语版AdvancePaymentGuarantee第一篇：预付款保函英语版 Advance Payment Guarantee Advance Payment GuaranteeWe have been informed that(hereinafter called “the Principal”),hasenteredintoacontract(),fortheprojectof().Furthermore we understand that, according to the conditions of the contract, a down payment in the sum of USD()(say United States Dollars XX)is to be made against a down payment guarantee.At the request of the Principal, we, the undersigned, The Bank(), Head Office, having our registered address at(), hereby irrevocably undertake to pay youany sum or sums not exceeding in total an amount of USD()(say United States Dollars XX)(hereinafter called “the guaranteed amount” upon receipt by us of your first demand in writing and your written statement stating:1.that the Principal is in breach of his obligation(s)under the contract;and2.the respect in which the Principal is in breach.Your demand and accompanying documents shall be forwarded directly by you to us with authorized signature.This guarantee shall become effective upon the receipt of the down payment by the Principal.The effective amount shall always correspond to the amount actuallyreceived by the Principal.But in any case not exceeding the guaranteed amount.It is a condition for any claim and payment under this guarantee to be made that the downpayment has been actually received.The maximum amount of this guarantee will be automatically reduced by percent ofthe total value of each part-shipment/ interim work finished against presentation to usby the principal of copies of the relevantinvoice(s)and transport document(s)/theinterim work certificate.This guarantee shall expire upon the time when the total guaranteed amount has been reduced to zero in the above-mentioned manner, or until 20th, August 2014, whicheveris earlier, after which this guarantee shall be automatically cease to be valid whetherthe original of this guarantee is returned to us or not.Consequently any demand for payment under it must be received by us at this officeon or before that date.Any dispute over the interpretation of the conditions of this letter of guarantee shall be subject to the Uniform Rules for Demand Guarantees ICC Publication No.458.For and on behalf of TheBank()，Head Office第二篇：预付款保函预付款保函在大型成套设备的进口合同中,为采购原材料,卖方往往要求买方在合同签订后预付5%-15%的合同金额,而买方则担心付款后卖方不能交货而造成损失.为解决这个问题,在国际贸易实务中,通常采用买方凭卖方银行开立的预付款保函(也叫《履约保证书》)付款的办法.保函起着保护买方利益的作用,在卖方未按合同履行交货义务的情况下,买方可在有效期内凭保函索回预付款.预付款保函的内容主要包括委托人,受益人和保证银行的名址,银行的责任承诺,生效条件,保函金额,有效期,管辖的法律等.从哪些方面审核保函开立银行a.因为预付款保函的保证人即开立保函的银行承担的是第一性、直接的付款责任,所以我们要求出具保函的银行应是国际第一流的,信誉好的大银行,只有这样买方的利益才能得到保障.b.出具保函的银行要和买方的转递银行或往来银行有代理关系,以便买方银行核对印鉴或密押以确定保函的真伪.生效条件通常情况保函应是一开出就生效的,但在实际业务中,我们经常收到有条件生效的保函,例如有的保函以开立银行收到买方预付款或卖方收到买方预付款的书面确认后才正式生效,这样的条件我们是不能接受的.如果买方付款后,由于各种原因(例如卖方未书面确认)保函不能生效,而卖方又不能按合同规定履行其交货义务,那买方就不能凭保函保障自己的利益.保函也就失去其“承担责任”的意义.开立银行的责任承诺在保函中,出具保函的银行承诺的内容是最重要的,该银行的承诺必须是“无条件的”和“不可撤消的”.“无条件的”即意味着当买方仅凭保函书面称卖方未履行其交货义务,要求出具保函银行按保函金额付款时,买方无需提供其他任何证明,也不管实际原因如何,该银行必须立即无条件地支付保函金额.“不可撤消的”是指保函在开立后,在规定的有效期内是不能撤消的.金额一般情况保函的金额就是预付款的金额.但对预付款的付金额一般情况保函的金额就是预付款的金额.但对预付款的付款时间和合同交货时间较长而且金额较大的合同,我们在商务谈判中可要求保函的金额为预付款金额加上从预付款支付到买方索偿这段时间的利息,利率买卖双方事先商定.除保函另有声明外,保函担保金额不因合同被部分履行而减少.有效期从理论上讲,保函的目的是为了防止卖方不按合同规定交货而买方损失预付款,当卖方履行了交货义务后,保函的作用也就完成了.所以绝大部分保函的有效期从开立日始到装船日但不超过合同最迟装船期,原则上说是对的.但笔者在实际业务中发现,这样的条款存在漏洞:a.保函实际失效时间先于卖方履行交货义务的最后期限.对失效地点在中国的保函,当保函失效时,由于时差关系,对于美国卖方而言,还有十几小时才到最迟装船期.b.买方无时间办理索偿手续.对失效地点在卖方所在地的保函,当买方获知卖方未能在最迟装船期内履行交货义务,此时此时保函时效也已到,由于地理位置的差异,买方已没有时间办理有关索偿手续.所以我们应要求保函有效期至合同最迟装船期后几个工作日较妥.我们之所以强调是“工作日”主要考虑遇到节假日的情况第三篇：预付款保函预付款保函预付款保函（advance payment guarantee）,又称还款保函，指担保人（银行）根据申请人（合同中的预收款人，通常情况下是出口商）的要求向受益人（合同中的预付款人，通常是进口商）开立的，保证一旦申请人未能履约，或者未能全部履约，将在收到受益人提出的索赔后向其返还该预付款的书面保证承诺。
外商合同预付款英文模板
外商合同预付款英文模板Title: Advance Payment in Foreign Trade Contracts English Template。
In the realm of international trade, advance payment is a common practice that is often employed to mitigate the risks associated with cross-border transactions. When engaging in foreign trade contracts, it is essential for parties to clearly outline the terms and conditions related to advance payment to ensure a smooth and successful transaction. In this article, we will provide a comprehensive English template for foreign trade contracts involving advance payment, covering key elements such as payment terms, delivery obligations, and dispute resolution mechanisms.1. Parties to the Contract。
This Agreement is entered into between [Seller's Name], a company incorporated under the laws of [Seller's Country],with its principal place of business at [Seller's Address], and [Buyer's Name], a company incorporated under the laws of [Buyer's Country], with its principal place of business at [Buyer's Address]. Hereinafter, the parties may be collectively referred to as the "Parties" and individually as a "Party."2. Subject Matter of the Contract。
5种国外保函标准文本
附件5国外保函标准文本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 ，（HEREINAFTERREFERRED TO 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 BESUPPORTED BY A TENDER GUARANTEE.AT THE REQUEST OF THE PRINCIPAL,WE HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU AN AMOUNTNOT EXCEEDING IN TOTAL OF (SAY: )AFTER RECEIPT BY US OFYOUR FIRST DEMAND IN WRITING STATING:1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE ;AND2)THE AMOUNT YOU CLAIM ;AND3)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 ANDTHUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THEBENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED ANDPRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITINGMUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THISEFFECT THROUGH AUTHENTICATED SWIFT(OR TESTED TELEX) MESSAGE TO US.THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENTAND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THATDATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEETO US. BUT THIS GUARANTEE WILL BECOME NULL AND VOID UPON EXPIRY WHETHER THE ORIGINALGUARANTEE IS RETURNED TO US OR NOT.THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USEDAS 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，可以不写。
英文保函格式样本
⽆忧考为⼤家整理的《英⽂保函格式样本》，供⼤家参考。
（担保函样本，请⽤公司抬头纸打印）To: The Visa Officer,American Embassy of ChinaFrom: 公司英⽂名称Date: ⽇期Dear Sir or Madam:At the Invitation of Mr.James Usrey (6400 Shafer Court,Suite 650, Rosemont, IL 60018, USA; Tel: +1-847-292-4211), 参展⼈员姓名 from 公司英⽂名称 will participate in the upcoming International Home & Housewares Show 2005 from Mar20~22,2005.·接收函怎么写 ·户⼝接收函 ·档案接收函 ·调档函怎么写 ·函的格式·催款函格式范⽂ ·委托函格式范⽂ ·确认函格式范⽂ ·函 ·派遣函This is to certify that all their/his/her expenses especially including medical insurance will be borne by our company during their/his/her staying in U.SWith best regards,公司英⽂名称及公章请参考以下接受函范例：_____________⼤学：兹有贵校XX届XX专业毕业⽣ X X（⾝份证号为），经考核合格，同意接收到我单位（公司）⼯作，经试⽤合格后办理录（聘）⽤⼿续。
特此函告。
（单位公章）经办⼈： X X X联系电话：年⽉⽇__________派出所主管同志：现有本单位职⼯____，男，________,⾝份证号：________前往你处办理户⼝迁移⼿续，本单位同意接收该⼈，并协助其办理户⼝在____落户事宜。
预付款银行保函翻译中英文对照
预付款银行保函翻译中英文对照Bank Guarantee Form for Advance Payment预付款银行保函格式To: (name of the Purchaser) 致：（买方名称）(name of the Contract) （合同名称）Gentlemen and/or Ladies:先生们和/ 或女士们：In accordance with the provision of clause 20 of the Terms and Conditions of Contract, (name and address of the Supplier) (hereinafter called “the Supplier”) shall deposit with the Purchaser a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of (amount of guarantee in figures and words).根据合同条款第20条中的规定，（卖方名称、地址）（以下简称“卖方“），向买方提交总额为（币种、以文字和数字表示的保函金额）的银行保函，以保证卖方将正确和忠实地履行所述的合同条款。
We,(name of bank), as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Purchaser on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding (amount of guarantee in figures and words).我行，（银行名称），根据卖方的要求，无条件地和不可撤销地同意作为第一责任人而不仅仅作为保证人，保证在收到买方的第一次要求就支付给买方不超过（币种、以文字和数字表示的保函金额）的金额，我行无权反对和不需要先向卖方索赔。
预付款保函-中英文对照(中国银行格式)
预收款退款保函REFUND GUARANTEE编号：___________No.:_________致受益人______________ :TO: ___________ (the Beneficiary ”)鉴于___________________________________________ (下称“保函申请人”)与你方签订了编号为的 ____________________ (合同或协议名称)，并按该合同或协议约定预收你方预付款(币种及金额大写)。
我行接受保函申请人的请求，愿就保函申请人按上述合同或协议约定退还预付款向你方提供如下保证：Whereas _______ (the L/G' Applicant ” has entered into ___________ [contract or agreement] (No. _______ ) with you and received adva nee payme nt from you in an amount of _____ [curre ncy][am oun t (i n words)] in accorda nee with the provisions thereunder, upon the request of the L/G Applicant, we hereby undertake to act as a guarantor in accorda nee with the followi ng in respect of the refund by the L/G Applica nt of such adva nee payme nt un der the above con tract or agreeme nt:一、本保函项下我行承担的保证责任最高限额为(币种、金额、大写) _______________________ 。
Advance Payment Gurantee预付款保函中英文
Advance Payment GuaranteeBeneficiary受益人:Applicant申请人：Guarantor保证人:We have been informed that you _____ (hereinafter called »the Beneficiary«), enter into Contract No. _____ dated_____ (hereinafter called the Contract«) to / with _____(hereinafter called »the Applicant«), for the supply of (description of goods and / or services).我方通知你方××（以下称为“受益人”），已经向××（以下称为“申请人”）订立合同，合同号××日期××（以下称为“合同”），该合同提供（货物或服务的描述）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.进一步，我方理解，根据合同条件，针对预付款保函，一笔金额为××的预付款需要支付。
At the request of the Applicant, we, , hereby irrevocably undertake topay you any sum or sums not exceeding in total an amount of:EUR _____(In full letters: _____ EUR and _____/100)根据申请人的申请，我方，××银行,在此不可撤销的保证，当收到你方书面索赔通知书和书面陈述时，支付你方总额或总额不超过：××欧元，大写：××。
各类保函格式-中英文对照
各类保函格式-中英文对照常用标准保函Appendix - Model FormsAnnex 1 EXAMPLE FORM OF PARENT COMPANY GUARANTEEBrief description of ContractName and address of Employer(together with successors and assigns).We have been informed that ________________(hereinafter called the “Contractor”)is submitting an offer for such Contract in response to your invitation, and thatthe conditions of your invitation require his offer to be supported by a parent company guarantee.In consideration of you, the Employer, awarding the Contract to the Contractor,we (name of parent company) ____________irrevocably and unconditionally guaranteeto you, as a primary obligation, the due performance of all the Contractor’s o bligations and liabilities under the Contract, including the Contractor’s compliance with all its terms and conditions according to their true intent and meaning.If the Contractor fails to so perform his obligations and liabilities and comply with the Contract, we will indemnify the Employer against and from all damages, losses and expenses (including legal fees and expenses) which arise from any such failure for which the Contractor is liable to the Employer under the Contract.This guarantee shall come into full force and effect when the Contract comes intofull force and effect. If the Contract does not come into full force and effect within a year of the date of this guarantee, or if you demonstrate that you do not intend to enter into the Contract with the Contractor, this guarantee shall be void and ineffective. This guarantee shall continue in full force and effect until allthe Contractor’s obligations and liabilities under the Contract have been discharged, when this guarantee shall expire and shall be returned to us, and our liability hereunder shall be discharged absolutely.This guarantee shall apply and be supplemental to the Contract as amended or variedby the Employer and the Contractor from time to time. We hereby authorise them to agree any such amendment or variation, the due performance of which and compliance with which by the Contractor are likewise guaranteed hereunder. Our obligationsand liabilities under this guarantee shall not be discharged by any allowance of time or other indulgence whatsoever by the Employer to the Contractor, or by any variation or suspension of the works to be executed under the Contract, or by any amendments to the Contract or to the constitution of the Contractor or the Employer,or by any other matters, whether with or without our knowledge or consent.This guarantee shall be governed by the law of the same country (or other jurisdiction) as that which governs the Contract and any dispute under this guarantee shall be finally settled under the Rules of Arbitration of theInternational Chamber of Commerce by one or morearbitrators appointed in accordance with such Rules. We confirm that the benefit of this guarantee may be assigned subject only to the provisions for assignment of the Contract.Date ___________________ Signature(s) _____________________________________参考译文附件1 母公司保函范例格式合同简要介绍雇主名称和地址(注明继承人和受让人)我方已经得知，(以下称“承包商”)应你方邀请正在对上述合同提交报价，并且，你方邀请条件中要求其报价有母公司的保函支持。
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ADVANCE PAYMENT GUARANTEE
To：(Name And Address Of Beneficiary)
Date ：(Issuing Date)No.： (Guarantee Number)
We have been informed that (Name Of The Applicant) (hereinafter referred to as the Applicant), has entered into contract No. (Contract Number) dated (Date Of The Contract) with you, for (Description Of Goods And /Or Services Or Project) at a total price of (The Contract Price).
Furthermore, we understand that, according to the conditions of the contract, an advance payment in the sum of (Amount In Figures) is to be made against an advance payment guarantee.
At the request of the Applicant, we, BANK OF ZHENGZHOU
CO.,LTD,(Address Of The Bank), hereby issue this advance payment guarantee and irrevocably undertake to pay you any sum or sums not exceeding in total an amount of (Amount In Figures) (say: Amount In Words) (representing (Agreed Percentage) % of the contract price) within (Agreed Number OF Business Days) business days upon receipt of the authenticated SWIFT demand from you through your bank stating that:
(a) the Applicant is in breach of his obligation(s)
(b) the Applicant has failed to repay the advance payment in accordance with the conditions of the Contract, and
(c) the amount which the Applicant has failed to repay under the underlying contract.
Your demand for payment must also be accompanied by the following document(s): (specify document(s) if any, or delete)
2.
3.
Such guaranteed amount shall be reduced by the amounts of the advance payment repaid to you, as evidenced by your notices issued under the clause （）of the Contract. Following receipt from the Applicant of a copy of each purported notice, we shall promptly notify you of the revised guaranteed amount accordingly.1
This Guarantee shall become effective from the date that the said advance payment has been credited to the Applicant’s account with our Bank and shall expire on (The Expiry Date) at the latest. Consequently, any demand for payment under it must be received by us at (name and address of our office) on or before that date.
Upon expiry, this Guarantee shall automatically become null and void whether or not returned to us for cancellation.
This Guarantee is subject to the Uniform Rules for Demand Guarantees（URDG） 2010 revision, ICC Publication No. 758.
BANK OF ZHENGZHOU CO.,LTD
1、此段所述条款主要适用于跨境工程类预付款保函。
对于其他类型的预付款保函，应尽量争取类似的减额条款。