银行反担保函英语范文
发布时间:2024-04-27 08:53
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银行反担保函英语范文
前言
反担保函是银行向受益人出具的一种担保函,保证主合同中债务人履行其义务,否则银行承担偿还责任。反担保函在国际贸易中具有重要作用,对于保障受益人的利益和促进贸易往来具有积极意义。本文将提供一份银行反担保函英语范文,供相关人士参考。
范文正文
LETTER OF COUNTER GUARANTEE
[Date]
[Beneficiary's Name and Address]
Dear Sirs,
We hereby irrevocably and unconditionally guarantee to you, as Beneficiary, in favour of [Principal's Name] (hereinafter referred to as "the Principal"), their due and punctual performance of all their obligations under the [Original Contract] dated [Original Contract Date], between the Principal and you, as amended from time to time (hereinafter referred to as "the Original Contract").
Without prejudice to the generality of the foregoing, the Principal's obligations include, without limitation, the obligation to:
* Deliver the Goods in accordance with the provisions of the Original Contract;
* Provide the Services in accordance with the provisions of the Original Contract;
* Make payment of any and all sums due and payable by the Principal to you under the Original Contract;
* Comply with all other terms and conditions of the Original Contract.
This guarantee shall be valid and binding upon us until [Expiry Date].
Our liability under this guarantee shall not exceed the aggregate sum of [Guarantee Amount] (hereinafter referred to as "the Guarantee Amount").
Our liability under this guarantee shall be independent of any liability of the Principal under the Original Contract. You shall be entitled to enforce this guarantee against us independently of any other remedy or right of action which you may have against the Principal.
We waive the right to any notice of any claim by you against the Principal, of any amendment, extension, modification, waiver or termination of the Original Contract, or of any default by the Principal under the Original Contract.
This guarantee shall be governed by and construed in accordance with the laws of [Governing Law].
We hereby consent to the jurisdiction of the courts of [Jurisdiction] for the purpose of any action or proceeding relating to this guarantee.
Should the Principal default in the performance of its obligations under the Original Contract, we shall, upon your written demand, immediately pay to you the Guarantee Amount or such lesser amount as may be specified in your demand. Our obligation to pay under this guarantee shall be unconditional and irrevocable.
We represent and warrant to you that:
* We have the legal capacity to enter into this guarantee;
* This guarantee is valid and enforceable and is not in conflict with any law or regulation;
* We have obtained all necessary approvals and consents to the execution and delivery of this guarantee.
This guarantee may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
Thank you for your attention to this matter.
Sincerely,
[Bank's Name]
使用说明
本范文可根据具体情况进行修改,以满足实际业务需求。需要修改的主要内容包括:
* 受益人信息
* 主债务人信息
* 原合同信息
* 保证金额
* 有效期
* 适用法律和管辖权
在使用本范文时,还应注意以下事项:
* 反担保函的格式和内容应符合相关法律法规的要求。
* 反担保函应由有权代表银行签署的授权人签署。
* 反担保函应加盖银行印章。
* 反担保函应妥善保管,避免丢失或被盗用。
结语
反担保函是银行在国际贸易中向受益人提供的重要的担保工具。本范文提供了银行反担保函的参考模板,希望对相关人士有所帮助。在实际业务中,应结合具体情况,对范文进行必要的修改,以确保反担保函的效力。