履约保函和预付款保函(中英文对照)

分类: 工程招投标设计施工监理技术 |

To: The
beneficiary
致:受益人
Dear
Sirs,
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 :
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。
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.
(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)。
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.
(2)本保函项下的付款将不减去任何现在的或将来的税款、费用扣留等。
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.
(3)本保函内所含的各项约定构成了担保银行不可撤消的直接责任。上述合同中的任何条款变更,你方所允许的时限或作出的任何行为或发生的疏漏,尽管可能免责或解脱银行,都不能解除银行的此项责任。
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.
(4)本保函自上述合同签署之日起生效直至(合同失效日)为止。本保函到期后,请将其退回我方注销。
ADVANCE PAYMENT GUARANTEE
预付货款保函
To: The
beneficiary
致:受益人
WHEREAS according to the terms and conditions of the sales contract No. . . signed between you and name of the Applicant (hereinafter referred to as the Contractor), you shall, on receipt from the Contractor of a bank guarantee for such advance payment to you, make an advance payment of amount in figures and in words to the Contractor as an advance payment thereunder.
鉴于贵方根据与(申请人名称)(以下简称合同方) 于X年x月x日签署的第xx号合同的有关条款的规定,在收到合同方提供的有关预付货款保函后,将向合同方预付(预付金额)作为合同项下的预付款。
NOW THEREFORE, we (name of guarantor) at the request of the Contractor hereby irrevocably issue this Advance Payment Guarantee and undertake to pay you, upon receipt of your written demand stating that the Contractor has failed to perform his obligations as stipulated in the Contract, the sum or sums not exceeding the above-mentioned amount.
我们(担保人名称)应合同方的要求,特此开立本保函并向你方不可撤消地保证,在收到你方书面索赔通知声明合同方未能履行上述合同有关条款时,支付给你方不超过担保金额的款项。
Our liability hereunder shall be limited to (the amount of guarantee).
This
guarantee shall become effective on the date the Contractor
receives the aforesaid advance payment from you and shall remain
valid until
我们在本保函项下的担保责任仅限于(保函金额)。
本保函从合同方收到你方支付的上述预付款之日起生效,到(保函失效日)失效。
The guaranteed amount shall be automatically and proportionally reduced by the amount which the Contractor has already repaid to you. Upon its expiry, please return this guarantee to us for cancellation.
我们的担保责任将随合同方已经支付给你方的金额而自动同比递减。保函到期后,请退回我们注销。
Guarantor:
(signature, seal)