【正文】 ter guarantor shall without delay inform the party form whom it has received its instructions of its decision to extend or to pay. 38 URDG758 Article 24 Nonplying demand, waiver and notice ? Guarantor may reject nonplying demand in its sole judgement or approach for a waiver of the discrepancies from the instructing party or counter guarantor applicable. So does counter guarantor. ?Obtaining the waiver of the counterguarantor or of the instructing party does not oblige the guarantor or the counterguarantor to waive any discrepancy. ?Give the notice of rejection or not when payment of nonplying demand? 39 URDG758 Article 24 Nonplying demand, waiver and notice ? When the guarantor rejects a demand, it shall give a single notice to that effect to the presenter of the demand. The notice shall state: ? i. that the guarantor is rejecting the demand, and ? ii. each discrepancy for which the guarantor rejects the demand. Such notice shall be sent without delay but not later than the close of the fifth business day following the day of presentation. ? A guarantor failing to act in accordance with above mentioned, shall be precluded from claiming that demand and any related documents do not constitute a plying demand. 40 URDG758 Article 25 Reduction and termination ? The amount payable under the guarantee shall be reduced by any amount: ? i. paid under the guarantee, ? ii. resulting from the application of article 13, or ? iii. indicated in the beneficiary’s signed partial release from liability under the guarantee. ? Whether or not the guarantee document is returned to the guarantor, the guarantee shall terminate: ? i. on expiry, ? ii. When no amount remains payable under it, or ? iii. on presentation to the guarantor of the beneficiary’s signed release from liability under the guarantee. ?Guarantee terminated when guarantee document returned? 41 URDG758 Article 25 Reduction and termination ?If the guarantee or the counterguarantee states neither an expiry date nor an expiry event, the guarantee shall terminate after the lapse of three years from the date of issue and the counterguarantee shall terminate 30 calendar days after the guarantee terminates. ? The expiry date is extended to the first following business day at the place when falls on a day is not a business day. ? The guarantor shall without delay so inform the instructing party or counter guarantor when guarantee terminate ? on expiry event, ? no amount remains payable, or ? beneficiary’s signed release ? index 42 URDG758 Article 26 Force majeure ? Force majeure: means acts of God, riots, civil motions, insurrections, wars, acts of terrorism or any causes beyond the control of the guarantor or counter guarantor that interrupt its business as it relates to acts of a kind subject to these rules. ? Should the guarantee expire at a time when presentation or payment under that guarantee is prevented by force majeure: ? each of the guarantee and any counter guarantee shall be extended for a period of 30 calendar days ? the running of the time for examination shall be suspended until the resumption of the guarantor’s business if presentation made but not yet examined ? a plying demand not paid shall be paid, and guarantor shall be entitled to claim C/Guarantor within 30 calendar days after cessation even if the counter guarantee has expired. 43 URDG758 Article 26 Force majeure ? Should the counter guarantee expire at a time when presentation or payment under that counter guarantee is prevented by force majeure: ? the counter guarantee shall be extended for a period of 30 calendar days ? the running of the time for examination shall be suspended until the resumption of the counter guarantor’s business if presentation made but not yet examined ? a plying demand under counter guarantee not paid shall be paid even if the counter guarantee has expired. ? The instructing party shall be bound by any extension, suspension or payment under this article. ? Force majeure: 758 v. 458 and 600 44 URDG758 Article 27 Disclaimer on effectiveness of documents ?The guarantor assumes no liability or responsibility for: ? a. the form, sufficiency, accuracy, genuineness, falsification, or legal effect of any signature or document presented to it。 j. the language of any document specified in the guarantee。 ? 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。 ? expiry date means the date specified in the guarantee on or before which a presentation may be made。 ?The case of “other relationship”? 9 URDG758 Article 2 Definitions ?expiry means the expiry date or the expiry event or, if both are specified, the earlier of the two。 e. a reference number or other information identifying the issued guarantee or, in the case of a counterguarantee, the issued counterguarantee。 i. whether a demand or other document shall be presented in paper and/or electronic form。 amount of demand ? Partial demand: A demand may be made for less than the full amount available ? Multiple demand: More than one demand may be made ? Multiple demand prohibited: only one demand covering all or part of the amount available may be made one demand is rejected, another demand can be made on or before expiry of the guarantee. ? It is a nonplying demand if: ? it is for more than the amount available under the guarantee, or ? any supporting statement or other