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WHAT IS A BANK GUARANTEE

 What is a Bank Guarantee?

A Bank Guarantee is a contractual obligation between the bank, beneficiary and supplier/contractor, ensuring either payment, delivery of goods or fulfillment of contract and services.














Types of Guarantees:

1.     Performance Guarantee - This guarantee is a security of timely delivery of goods or performance of services according to a contract.

2.     Advance Payment Guarantee - This guarantee represents an obligation of the bank to pay/return advance payment in the event that, after receiving an advance payment, the Seller does not perform its contractual obligations or does not supply the specified goods per the contract.

3.     Bid/Tender Guarante
e - This guarantee plays a role of security in cases when the Company fails to perform its obligations to the tender organization or other party that is stipulated in the order received by winning the tender

4.     Labour Guarantee – This type of guarantee is being issued for the Ministry of Labour against employee visas. This could be claimed if an employee will file a labour case against the company.

5.     Payment Guarantee - This type of guarantee is a security of payment obligations of Buyer to Seller. It assures the seller that the purchase price is paid on a set date.

6.     Financial Guarantee – This type of guarantee is almost the same as Payment Guarantee. It enables the issuing party to have credit terms with the beneficiary and assures the beneficiary of payment in cases the issuing party defaults.

7.     Warranty Guarantee - This guarantee plays a role of security of quality for delivery to the contract terms.

 

Guarantee Validity Types:

Under "Types of Guarantees", there are guarantee Validity types

1.     Fixed Ended – the guarantee expiration is on a definite date. The guarantee will automatically expire in the date specified whether the guarantee is returned or not.

2.     Open Ended – No specific date for guarantee expiration. The guarantee will only be cancelled upon return of the original guarantee to the bank and usually is accompanied by a No Objection Certificate from the beneficiary.

3.     Auto Renewable – There is an initial expiration date mentioned in the guarantee text but in case the guarantee is not returned before that date, the guarantee will automatically be renewed.

 

Guarantee Formats:

1.     Specimen – It will follow a specific specimen as required by the beneficiary. Upon application, it will be reviewed by the bank whether it is acceptable or not. The bank may omit or add clauses in some cases.

2.     Standard – It follows the standard format as provided by the bank. It might differ from bank to bank.

 

     Specimen Format- 01


Quote

NOT OVER  xxxxxx

 Date:

TO:Bank Name

Bank Address

 

Dear Srs,

 Whereas Abu Dhabi Ports Company PJSC (hereinafter referred to as “VENDOR”) has serviced   xxxxxxxxxx a company organized and existing under the laws of xxxxxxx and having its registered office at xxxxxxxxxxxxx., , a company organized and existing under the laws of xxxxxxx (hereinafter referred to as “Customer”) whereas Customer is  providing bank guarantee  to cover any liability to the VENDOR.

Therefore, in consideration of the above, we  (Bank) , (the “issuing Bank”) established in xxxx and having our address at  (address of bank)., hereby irrevocably and unconditionally guarantee and undertake to VENDOR, without any right of defense set off or counterclaim whether on our behalf or on behalf of Customer to pay to VENDOR a sum not exceeding in the aggregate xxx  (hereinafter referred to as the “Guarantee Amount”) or any lesser sum specified by VENDOR by transfer to an account in VENDOR’s name at such bank as VENDOR shall stipulate or in such other manner as shall be acceptable to VENDOR upon receipt of VENDOR’s written demand(s) addressed to us in the event that Customer fails to perform or fulfill any of his obligations .

Such written demand(s) by VENDOR shall be conclusively binding on us for all purposed under the Bank Guarantee. We further agree that any payment made hereunder shall be made free and clear of and without deductions for or on account of any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.

 This Bank Guarantee shall be binding on the issuing Bank and on its successors and assigns.

 This guarantee shall come into force from the abovementioned date and shall expire on  (date) (herein after referred to as the “Expiry Date”) (the “Initial Term”) and thereafter shall be renewed automatically  until No Objection Certificate  has been issued by Abu Dhabi Ports Company PJSC, or the original is returned to us, whichever comes first. 

 This Bank Guarantee shall be governed by and interpreted under the laws and regulations of the xxxxx and the federal laws of the xxxx

 Yours faithfully,

 

Authorized Signature of Issuing Bank                                               Authorized Signature of Issuing Bank

 

     

     Specimen Format- 02

 

GUARANTEE TYPE –MATERIAL PERFORMANCE GUARANTEE FIXED EXPIRY

:27:1/1

:20:FRWAV70599800101  -

:23:Issue  

:30:190731

:40C:NONE

:77C:BENEFICIARY GUARANTEE FORMAT REFERENCE – MPG FIXED

AMOUNT: <CCY><Amount in Numbers>

At the request of <Applicant Name> (referred to hereinafter as the Contractor), having its registered office at <Applicant Address> we hereby issue in favour of ABC COMPANY  (the Beneficiary), having its registered office at <Address>, our irrevocable Guarantee for the above mentioned amount as a guarantee against defects and for the satisfactory performance as per specification of all the materials supplied under Contract Number. <Contract Number> dated <Contract Date strictly in DD-MMM-YYYY>

 

In this connection, we hereby consider ourselves responsible jointly and severally with the above named for the unconditional payment to the Beneficiary, of the above sum, on Beneficiary’s first demand, in whole or in part and notwithstanding any objections on the part of the above named.

 

This guarantee is valid from the date of issuance and will expire on <Expiry Date strictly in DD-MMM-YYYY>

 

Any claims, for payment under this guarantee should reach this office on or before the expiry date mentioned above  after which date this guarantee shall stand null and void.

 

 

We agree and declare that, at beneficiary’s option, this guarantee is also available at the counters of BANK (the Advising Bank).  We hereby authorize the Advising Bank to accept delivery of beneficiary instruction, advice or claim against this guarantee on our behalf without any liability on the part of the Advising Bank. Accordingly, notwithstanding anything said in the contrary in this guarantee, we, the issuing bank, unconditionally and irrevocably confirm that any of beneficiary’s instructions, advice and claims delivered to the Advising Bank in respect of this guarantee that are made within the validity period of the guarantee (including but not limited to claim (s) against the guarantee) shall be construed as having been delivered to us at our counters, irrespective of whether such instruction, advice or claim is presented in electronic or physical form. We undertake to honor such instructions, advices and claims, without deduction of any kind in accordance with the terms of the guarantee received through and from the Advising Bank.  For the sake of clarity, availability of this guarantee at the counters of the Advising Bank shall not, in any manner, prejudice or invalidate beneficiary preference and/or right to directly deal with us OR deliver to us any written instructions or claim on the guarantee.

 

This guarantee shall be governed and construed in accordance with the laws and regulations of the Emirate of Dubai and (to the extent that the same are applicable therein) the laws and regulations of the United Arab Emirates.

 

     Specimen Format- 03

 

SUPPLIER'S ADVANCE PAYMENT GUARANTEE FORMAT

Description of Goods and Services:

 

SUPPLY AND INSTALLATION OF XXXX

 

BENEFICIARY'S NAME AND ADDRESS.

ABC COMPANY XXXX

(the "Design Builder")

Green Community, Dubai Investment Park 1

 

ADDRESSXXXX

 

SUBJECT: OUR ADVANCE PAYMENT GUARANTEE NO.FOR AMOUNTX XXX

 

XXX (the "Supplier"), whose place of business is at XXX….        awarded a contract for the supply of the above named Goods and Services for the value of XXX

 

NOW IN CONSIDERATION of you making an Advance Payment of XXX to the Supplier's XX18 held with us, being 30% of the value of the Agreement excluding sums of contingencies, by this bond we, Bank (the "Guarantor"), whose address is…………………………….. FAB ABU DHABI guarantee you a sum not exceeding XXX on your first written demand, stating that the supplier has failed to fulfill any or all of their contractual obligation under the above said contract and in to a bank account as specified in the to pay demand, without reference to or representation on behalf of the Supplier.

 

It is understood that our liability towards you will be progressively reduced by the amount repaid to you by the Supplier as contained in the certificates and payments against the said Advance Payment, as advised by you to us.

 

This irrevocable and unconditional guarantee will be effective from Date of Issue and shall be valid until 15 July 2021 (Expiry Date).

 

Any demand for payment must contain your authorized signature(s) which needs to be duly verified by your banker. The original demand must be received by us In our office (address .. )  either through

 

a)    hand delivery or through registered courier along with the original guarantee and all amendments , if any or

b)     through authenticated swift to our Swift (.. . ) through your Bankers with a confirmation that Original guarantee and amendments has been couriered to us, before [4:00 pm (UAE time)] on or before the expiry date, when this guarantee shall expire and shall become automatically null and void without need to be returned to us.

 

This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC Publication No. 758 with the exception of the supporting statement under article 15(a) which is excluded. As to matters not governed by URDG 758, this Guarantee shall be governed by the laws of Abu Dhabi/Dubai, United Arab Emirates and any disputes concerning this Guarantee will be submitted to the courts in Abu Dhabi/Dubai, United Arab Emirates.

 

 

Signed on behalf of………Bank

     Specimen Format- 04

 

 

QUOTE

 

 

SUPPLIER’S ADVANCE PAYMENT GUARANTEE

 

Description of Goods & Services to be provided under the Purchase Agreement: Design, manufacture, testing, supply of Wet well cleaning Pumps

 

BANK’S NAME AND ADDRESS

 

BENEFICIARY’S NAME AND ADDRESS:

 

XXXX“Beneficiary”)

 

 

 

Dear Sirs,

 

SUBJECT: OUR ADVANCE PAYMENT BOND NO. ______ FOR ________

 

 

WHEREAS Ebara Pumps Middle East FZE (the “Supplier”), whose place of business is at ………………., has been awarded a contract for the supply of the above named Goods and Services for the value of USD 383,392.00(USD Three eighty three thousand three hundred and ninety two only)

 

NOW IN CONSIDERATION of you making an Advance Payment of USD XXX(USD …. only) to the Supplier’s account XXXXXXXXX held with us, being [20%] of the value of the Agreement excluding sums of contingencies, by this bond we, …………..Bank (the “Guarantor”), whose address is …………………………….. , guarantee to pay you a sum not exceeding ………… on your first written demand, stating that the supplier has failed to fulfill any or all of their contractual obligation under the above said contract and in to a bank account as it will be specified in the demand, without reference to or representation on behalf of the Supplier.

 

It is understood that our liability towards you will be progressively reduced by the amount repaid to you by the Supplier as contained in the certificates and payments against the said Advance Payment , as advised by you to us.

 

This irrevocable and unconditional guarantee will be effective from …………….. and shall be valid until …dd/mm/yyyy , or until the amount of the Advance Payment is fully recovered whichever is earlier later.

 

Any demand for payment must contain your authorized signature(s) which needs to be duly verified by your banker . The original demand must be received by us in our office (address ……) either through

a)     hand delivery or through registered courier along with the original gtee and amendments , if any or

b)     though authenticated swift to our Swift (………) through your Bankers with a confirmation that Original guarantee and amendments has been couriered to us.

up to the expected before [4:00 pm (UAE time)] on or before the expiry date, when this guarantee shall expire and shall become automatically null and void without need to be returned to us.

 

This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC Publication No. 758

 

 

UNQUOTE


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