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 ，（HEREINAFTER

REFERRED 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 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;

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 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)

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 (请填写货物或服务描述).

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;

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 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 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)

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 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 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

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 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)

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 (请填写货物或服务描述).

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;

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.

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 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。）

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)

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 （请填写货物或服务描述）

FURTHERMORE，WE UNDERSTAND THAT，ACCORDING TO THE CONDITOINS OF THE CONTRACT，RETENTION MONEY IN THE SUM OF COVERING THE PRINCIPAL’S 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; 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.

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)

INSTRUCTIONS TO CORESPONDENT BANK FOR THE ISSUE OF BANK GUARANTEE(S) （委托银行开立保函的反担保函）

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：

QUOTE

GUARANTEE 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 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 PRINCIPAL,WE ,XXXXXXXX BANK ,HEREBY IRREVOCABLY UNDERTAKE

TO PAY YOU ANY SUM OR SUMS NOT 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 PRINCIPAL 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 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.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.

UNQUOTE

IN CONSIDERATION OF YOUR ISSUING YOUR GUARANTEE AS ABOVE ，WE , CHINA CONSTRUCTION

BANK CORPORATION BRANCH, ADDRESS ,HEREBY ESTABLISH OUR

IRREVOCABLE COUNTER-GUARANTEE IN YOUR FAVOUR AND UNDERTAKE TO PAY YOU ANY SUM NOT

EXCEEDING IN TOTAL AN AMOUNT OF （SAY：） AFTER RECEIPT

BY US OF YOUR DEMAND THROUGH AUTHENTICATED SWIFT MESSAGE (OR TESTED TELEX ) QUOTING

THE GUARANTEE REFERENCE NUMBER AND ISSUING DATE OF OUR COUNTER GUARANTEE AND STATING

THAT YOU HAVE RECEIVED A DEMAND FOR PAYMENT UNDER YOUR GUARANTEE IN ACCORDANCE WITH

ITS TERMS.

ATFER YOU ISSUING THE GUARANTEE, PLEASE DELIVER THE ORIGINAL GUARANTEE TO THE REPRESENTATIVE OF (请填写BENEFICIARY或者APPLICANT):NAME: TEL:

FAX: PASSPORT NO: (请根据实际情况填写，可以删除)。

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.

MULTIPLE DRAWINGS ARE NOT ALLOWED.

THIS GUARANTEE IS SUBJECT .(请填写适用的法律，应适用中国法或

国际惯例).

PLEASE SEND US A COPY OF THE GUARANTEE YOUR GOOD BANK ISSUED FOR RECORD PURPOSES.

COMMERCIAL STANDBY LETTER OF CREDIT （付款备用信用证）

STANDBY L/C NO.

DATE OF ISSUE：

APPLICANT: （NAME AND ADDRESS）

BENEFICIARY：（NAME AND ADDRESS）

ISSUING BANK: （BANK NAME AND BRANCH NAME）

ISSUING BANK ADDRESS:_____________________ (BRANCH ADDRESS)

WE (THE ISSUING BANK) HAVE BEEN INFORMED THAT ,(HEREINAFTER

CALLED “THE APPLICANT”),HAS ENTERED INTO CONTRACT NO. DATED WITH

YOU(HEREINAFTER CALLED “THE BENEFICIARY”) FOR THE PURCHASE OF (请

填写货物或服务描述).

WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT BY ORDER AND FOR ACCOUNT

OF THE APPLICANT CONVERING THE APPLICANT’S PAYMENT OBLIGATIONS UNDER THE ABOVE

MENTIONED CONTRACT FOR AN AMOUNT NOT EXCEEDING IN AGGREGATE OF ONLY(SAY _______________ONLY). THIS STANDBY LETTER OF CREDIT EXPIRES AT OUR ADDRESS STATED

ABOVE ON .

THIS CREDIT IS AVAILABLE BY PAYMENT WITH THE ISSUING BANK AGAINST PRESENTATION TO

US OF THE FOLLOWING DOCUMENTS WHICH MUST BE PRESENTED THROUGH YOUR LOCAL BANK:

1)YOUR SIGNED DEMAND IN WRITING QUOTING OUR L/C NUMBER STATING THE AMOUNT YOU CLAIM

AND STATING THAT YOU HAVE MADE THE SHIPMENT OF THE REQUIRED GOODS AND HAVE SUPPLIED

THE REQUIRED DOCUMENTS TO THE APPLICANT ACCORDING TO THE CONTRACT AND REMAIN UNPAID

FROM INVOICE DUE DATE.

2)COPY OF THE UNPAID INVOICE(S)

FOR THE PURPOSE OF IDENTIFICATION 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.

ALL CHARGES UNDER THIS L/C OUTSIDE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY.

UPON EXPIRY, PLEASE RETURN THE ORIGINAL L/C TO US. BUT THIS L/C WILL BECOME NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL L/C IS RETURNED TO US OR NOT.

THIS L/C IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USED AS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE ISSUING BANK.

MULTIPLE DRAWINGS ARE NOT ALLOWED.

THIS L/C 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)

FINANCIAL STANDBY LETTER OF CREDIT（借款或融资备用信用证）

STANDBY L/C NO.

DATE OF ISSUE：

APPLICANT: (申请人名称和地址)

BENEFICIARY：（受益人/融资银行名称和地址）

ISSUING BANK: （我行分行名称）

ISSUING BANK ADDRESS:____________________ (我行分行地址)

WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT AT THE REQUEST OF (请填写申请人名称) IN YOUR FAVOR FOR AN AMOUNT NOT EXCEEDING IN AGGREGATE ONLY (SAY ONLY) WHICH EXPIRES AT OUR ADDRESS STATED ABOVE ON .

THIS CREDIT IS AVAILABLE BY PAYMENT WITH THE ISSUING BANK AGAINST YOUR DEMAND BY AUTHENTICATED SWIFT OR TESTED TELEX TO US STATING:

1)THE NUMBER AND DATE OF THE L/C UNDER WHICH THE CLAIM IS MADE AND

2)THE AMOUNT YOU CLAIM AND

3)THE NUMBER AND DATE OF THE LOAN AGREEMENT IN RELATION TO WHICH THE CLAIM IS MADE AND

4)THE AMOUNT YOU CLAIM REPRESENTS THE UNPAID BALANCE OF THE INDEBTEDNESS DUE TO YOU BY THE BORROWER (请填写被担保人即借款人的英文名称)UNDER THE LOAN AGREEMENT.

THIS STANDBY LETTER OF CREDIT WILL COME INTO EFFECT ON THE EFFECTIVE DATE OF THE LOAN AGREEMENT SIGNED BETWEEN YOU AND THE BORROWER AND SUBJECT TO A NOTICE THROUGH AUTHENTICATED SWIFT OR TESTED TELEX SENT BY YOU TO US CONFIRMING SUCH DATE AND REFERENCE NUMBER OF SUCH AGREEMENT.

ALL CHARGES UNDER THIS L/C OUTSIDE ISSUING BANK ARE FOR ACCOUNT OF THE BENEFICIARY. MULTIPLE DRAWINGS ARE NOT ALLOWED.

THIS L/C IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE.

UPON EXPIRY, PLEASE RETURN THE ORIGINAL L/C TO US. BUT THIS L/C WILL BECOME NULL AND VOID UPON EXPIRY WHETHER THE ORIGINAL L/C IS RETURNED TO US OR NOT.

THIS L/C 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)

LETTER OF AMENDMENT TO （按实际情况选择L/G或SBLC）（保函（备用信用

证）修改，仅提供修改保函有效期和保证金额格式）

1.直开保函：

TO_____________(THE “BENEFICIARY”):

IN ACCORDANCE WITH THE APPLICATION BY____________(THE “APPLICANT”), WE HEREBY AGREE

TO AMEND THE （按实际情况选择L/G或SBLC）(NO.__ _____)(THE “ORIGINAL ”（按实际情况选择L/G或SBLC）) AS FOLLOWS:

1.THE NEW EXPIRY DATE SHALL BE READ AS:__ ______;(如无修改，可以删除)

2.THE NEW GUARANTEED AMOUNT SHALL BE READ AS:_______;(如无修改，可以删除)

THE PROVISIONS OF THE ORIGINAL （按实际情况选择L/G或SBLC）, WHICH ARE NOT SUBJECT TO THE ABOVE AMENDMENT, SHALL REMAIN AND CONTINUE TO BE EFFECTIVE. THIS LETTER SHALL CONSTITUTE A VALID PART OF, AND HAVE THE SAME LEGAL FORCE AND EFFECT AS, THE ORIGINAL （按实际情况选择L/G或SBLC）. YOU SHALL PRESENT THIS LETTER TOGETHER WITH THE ORIGINAL （按实际情况选择L/G或SBLC） WHEN YOU MAKE ANY CLAIM.

2.转开保函:

TO_____________(THE “RE-ISSUING BANK”):

IN ACCORDANCE WITH THE APPLICATION BY________________(THE “APPLICANT”), WE HEREBY AGREE TO AMEND THE COUNTER （按实际情况选择L/G或SBLC）(NO._______)(THE “ORIGINAL ”（按实际情况选择L/G或SBLC）) AS FOLLOWS:

1.THE NEW EXPIRY DATE OF YOUR （按实际情况选择L/G或SBLC）SHALL BE READ AS:__ ______;(如无修改，可以删除)

2.THE NEW GUARANTEED AMOUNT OF YOUR （按实际情况选择L/G或SBLC）SHALL BE READ AS:_______;(如无修改，可以删除)

3.THE NEW EXPIRY DATE OF OUR COUNTER （按实际情况选择L/G或SBLC）SHALL BE READ AS:__ ______;(如无修改，可以删除)

4.THE NEW GUARANTEED AMOUNT OF OUR COUNTER （按实际情况选择L/G或SBLC）SHALL

BE READ AS:_______;(如无修改，可以删除)

THE PROVISIONS OF THE ORIGINAL （按实际情况选择L/G或SBLC）, WHICH ARE NOT SUBJECT TO THE ABOVE AMENDMENT, SHALL REMAIN AND CONTINUE TO BE EFFECTIVE. THIS LETTER SHALL CONSTITUTE A VALID PART OF, AND HAVE THE SAME LEGAL FORCE AND EFFECT AS, THE ORIGINAL （按实际情况选择L/G或SBLC）. YOU SHALL PRESENT THIS LETTER TOGETHER WITH THE ORIGINAL （按实际情况选择L/G或SBLC） WHEN YOU MAKE ANY CLAIM.