【正文】 i. Include: from , to , until , till and between , ii. Exclude: before and after , iii. Exclude+ Include: within . ?Terms such as first class, wellknown, qualified, independent, official, petent or local when used to describe the issuer of a document allow any issuer except the beneficiary or the applicant to issue that document. ?Allow instructing party to issue that document? 12 URDG758 Article 4 Issue and effectiveness ? A guarantee is issued when it leaves the control of the guarantor. ? A guarantee is irrevocable on issue even if it does not state this. ?The beneficiary may present a demand from the time of issue of the guarantee or such later time or even as the guarantee provided. ?What does “l(fā)eaves the control of the guarantee” mean? 13 URDG758 Article 5 Independence of guarantee and counterguarantee ? A guarantee is independent of ? underlying relationship, ? the application. ? A counter guarantee is independent of ? guarantee, ? underlying relationship ? the application ? any other counterguarantee ?Direct guarantee and Indirect guarantee 14 URDG758 Article 6 Documents v. goods, services or performance ?Guarantors deal with documents and not with goods, services or performance to which the documents may relate. 15 URDG758 Article 7 Nondocumentary conditions ? A guarantee should specify a document to indicate pliance with the condition contained in the guarantee. ?If the guarantee does not ? specify any such document and ? the fulfilment of the condition cannot be determined the guarantor’s own records, or an index specified in the guarantee then the guarantor will deem such conditions as not stated and will disregard it, except for the purpose of determining date in a document presented do not conflict with data in guarantee. ?What is an index? 16 URDG758 Article 8 Content of instructions and guarantees ? All instructions should be clear and precise and should avoid excessive detail. ? It is remended that all guarantees specify: a. the applicant b. the beneficiary c. the guarantor d. a reference number or other information identifying the underlying relationship。 e. a reference number or other information identifying the issued guarantee or, in the case of a counterguarantee, the issued counterguarantee。 ? Should specify the instructing party? 17 URDG758 Article 8 Content of instructions and guarantees ?It is remended that all guarantees specify: f. the amount or maximum amount payable and the currency in which it is payable。 g. the expiry of the guarantee。 h. any terms for demanding payment。 i. whether a demand or other document shall be presented in paper and/or electronic form。 j. the language of any document specified in the guarantee。 and k. the party liable for the payment of any charges. ?The changes to URDG458? 18 URDG758 Article 9 Application not taken up ?Where, at the time of receipt of the application, ? the guarantor is not prepared, or ? the guarantor is unable to issue the guarantee, the guarantor should without delay so inform the party that gave the guarantor its instructions. ?The request to issue a domestic guarantee subject to URDG? 19 URDG758 Article 10 Advising of guarantee or amendment ? Advice a guarantee: ? satisfy the apparent authenticity, and ? advice accurately reflects the terms and conditions of guarantee ? An advising party or a second advising party advises a guarantee without any additional representation or any undertaking whatsoever to the beneficiary. ? If a party cannot satisfy the apparent authenticity and elects noheless to advise that guarantee, the party should state the same. ?Advising a guarantee should whenever possible use the same party to advise any amendment to that guarantee. ?a second advising party? 20 URDG758 Article 11 Amendment ? An amendment made without the beneficiary’s agreement is not binding on the beneficiary. ? The beneficiary may reject an amendment of the guarantee at any time until ? it notifies its acceptance of the amendment, or ? make a presentation that plies only with the guarantee as amended. ? Partial acceptance of an amendment is not allowed and will be deemed to be notification of rejection of the amendment. ? A provision in an amendment to the effect that the amendment shall take effect unless rejected within a certain time shall be disregarded. ?What does “plies only” mean? 21 URDG758 Article 12 Extent of guarantor’s liability under the guarantee ? A guarantor is liable to the beneficiary only in accordance with, ? the terms and conditions of the guarantee and, ? these rules so far as consistent with those terms and conditions, Up to the guarantee amount. ?Beyond the expiry date? 22 URDG758 Article 13 Variation of amount of guarantee ? A guarantee may provide for the reduction or the increase of its amount on specified dates or on the occurrence of a specified event which under the terms of the guarantee results in variation of its amount, and for this purpose the event is deemed to have occurred only: a. when a document specified in the guarantee as indicating the occurrence of the event is presented to the guarantor, or b. if not such document is specified in the guarantee, when the occurrence of the event bees determinable from the guarantor’s own records or from an index specified in the guarantee. 23 URDG758 Article 14 Presentation ? A presentation shall be made to the guarantor: ? at the place of issue, or such other place as is specified in the guarantee and, ? on or before expiry ? A present