國外保函標準文本

1、附件2：常用見索即付國外保函格式 TENDER GUARANTEE （投標保函）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 Y

2、OUR INVITATION TO TENDER NO. DATED ON FOR THE SUPPLY OF （請?zhí)顚懾浳锘蚍?wù)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

3、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 CONDITIOINS; AND4) THE

4、 RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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 INDENTIFICATI

5、ON 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 S

6、HALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARNATEE 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 ORIG

7、INAL 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 .(請?zhí)顚戇m用的法律，應(yīng)適用中國法或國際慣例)THE PLACE OF JURISDICTION IS

8、.(本條款為司法管轄條款，可以不寫。如果寫的話，應(yīng)填寫中國城市) ADVANCE PAYMENT GUARANTEE （預(yù)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 PR

9、INCIPAL”),HAS ENTERED INTO CONTRACT NO. DATED WITH YOU FOR THE SUPPLY OF (請?zhí)顚懾浳锘蚍?wù)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 IRREVOCABL

10、Y 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 CONTRA

11、CT CONDITIOINS; AND4) THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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

12、 PURPOSE OF INDENTIFICATION 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) MESSAG

13、E 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 UP

14、ON 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. ( 貿(mào)易項下分批出貨的預(yù)付款保函擔(dān)?？偨痤~通常

15、根據(jù)出運發(fā)票金額乘以預(yù)付款比例遞減。預(yù)付款比例等于預(yù)付款金額除以合同總金額。如為一次性出貨則應(yīng)刪除本款 。) 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 ACCE

16、PTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED. ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARNATEE 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 UP

17、ON 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 .(請?zhí)顚戇m用的法律，應(yīng)適用中國法或國際慣例)THE

18、 PLACE OF JURISDICTION IS .(本條款為司法管轄條款，可以不寫，則整條刪除。如果寫的話，應(yīng)填寫中國城市)PERFORMANCE GUARANTEE （履約保函）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 ,(her

19、einafter called “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO. DATED WITH YOU FOR THE SUPPLY OF (請?zhí)顚懾浳锘蚍?wù)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 A

20、N 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 CONDITIOINS; AND4)

21、 THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)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 INDENTIFI

22、CATION 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 GUARANT

23、EE 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 DEM

24、AND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARNATEE 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.T

25、HIS 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. （履約保函通常與信用證搭配使用且應(yīng)與信用證同時生效。如果不通過信用證結(jié)算，則應(yīng)該刪除本款） THIS GUARANTEE IS NOT NEGOTIABL

26、E 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 .(請?zhí)顚戇m用的法律，應(yīng)適用中國法或國際慣例)THE PLACE OF JURISDICTION IS .(本條款為司法管轄條款，可以刪除。如果填寫的話，應(yīng)填寫中國城市) WARRANTY GUARANTEE （質(zhì)量保函）GUARANTEE NO

27、. 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 (請?zhí)顚懾浳锘蚍?/p>

28、務(wù)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） TH

29、E 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 CONDITIOINS; AND4) THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)THAT YOU HAVE FULFILLED YOUR OBLIGATION（S）IN ACCORDANCE

30、 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 INDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S)

31、 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 ( 請明確填寫檢驗機構(gòu)名稱、國家 )CERTIFIYING THAT THE GOOD

32、S PROVIDED BY THE PRINCIPAL ARE NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT NO. DATED .（請根據(jù)業(yè)務(wù)實際選擇性使用本款。如不使用本款，請刪除。） THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARNATEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR

33、 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

34、WRITTEN PERMISSION OF THE GUARANTOR. MULTIPLE DRAWINGS ARE NOT ALLOWED.THIS GUARANTEE IS SUBJECT TO .(請?zhí)顚戇m用的法律，應(yīng)適用中國法或國際慣例)THE PLACE OF JURISDICTION IS .(本條款為司法管轄條款，可以刪除。如果寫的話，應(yīng)填寫中國城市)RETENTION MONEY GUARANTEE （留置金保函）GUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS）BENEFICIARY： （NAME AND AD

35、DRESS）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 （請?zhí)顚懾浳锘蚍?wù)描述）FURTHERMORE，WE UNDERSTAND THAT，ACCORDING TO THE CONDITOINS OF THE

36、CONTRACT，RETENTION MONEY IN THE SUM OF COVERING THE PRINCIPALS 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

37、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 CONDITIOINS; AND4) THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)THAT YOU HAVE FULFILLED YOUR OBLI

38、GATION（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 INDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED AND PRESENTED THROUGH YOUR LOCAL BAN

39、K 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 MON

40、EY 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 GUARNATEE MUST BE RECEIVED BY US ON OR BEFORE THAT DATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, P

41、LEASE 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.

42、 MULTIPLE DRAWINGS ARE NOT ALLOWED.THIS GUARANTEE IS SUBJECT TO .(請?zhí)顚戇m用的法律，應(yīng)適用中國法或國際慣例)THE PLACE OF JURISDICTION IS .(本條款為司法管轄條款，可以刪除。如果寫的話，應(yīng)填寫中國城市) INSTRUCTIONS TO CORESPONDENT BANK FOR THE ISSUE OF BANK GUARANTEE(S) （委托銀行開立保函的反擔(dān)保函）僅列明其中一種格式Counter-Guarantee for issuance of Tender Guarantee（投標保函反擔(dān)保

43、函）OUR REFERENCE NUMBER： AT THE REQUEST OF ，PLEASE ISSUE ON OUR RESPONSIBILITY IN FAVOR OF YOUR GUARANTEE IN THE FOLLOWING WORDING： QUOTEGUARANTEE NO. DATE OF ISSUE： PRINCIPAL： （NAME AND ADDRESS）BENEFICIARY： （NAME AND ADDRESS） WE HAVE BEEN INFORMED THAT ，（HEREINAFTER REFERRED TO AS “THE PRINCIPAL），RE

44、SPONDING 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 ,XXXXX

45、XXX 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 AND2) THAT THE PRINCIPAL IS IN BREACH OF HIS OBLI

46、GATION(S) UNDER THE TENDER CONDITIOINS; AND3)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 O

47、BLIGATIONS 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 GUARNATEE MUST BE RECEIVED BY US AT THIS OFFICE ON OR BEFORE THAT DATE.UPON EXPIRY, PLEASE RETURN THE ORI

48、GINAL 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. UNQUOTEIN CONSIDERA

49、TION 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 AUTHENTICA

50、TED 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.THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENT AND DOCU

51、MENTS REQUIRED UNDER THIS GUARNATEE 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 TO UNIFORM RULES FOR DEMAND GUARANTEES, ICC PUBLICATION NO.458.PLEASE SEND US A COPY OF THE GUARANTEE YOUR GOOD BANK ISSUED FOR RECORD PURPOSES. COMMERCIAL STANDBY LETTER OF CREDIT （付款備用信用證） STANDBY L/C